Massachusetts Court Rules Defendants On Probation Can Be Jailed For Drug Relapse

On July 16, 2018, a Massachusetts court ruled that a defendant with a known addiction disorder on probation can be jailed for testing positive for drugs following a relapse. The ruling was in a case that alleged that requiring incarceration for failure to maintain sobriety as a condition of probation violates the individual’s constitutional right to be free from cruel and unusual punishment.

The court said that a judge may order a defendant who is addicted to drugs to remain drug free as a condition of probation. A defendant who subsequently tests positive for an illegal drug may be . . .