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NCJ Number: 156363 Add to Shopping cart Find in a Library
Title: Corrections Law: Parolees, Substance Abuse and the Americans With Disabilities Act
Journal: Criminal Law Bulletin  Volume:31  Issue:4  Dated:(July-August 1995)  Pages:341-349
Author(s): E R Walsh
Date Published: 1995
Page Count: 9
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This paper examines whether an inmate drug abuser who is a potential parolee might have a viable claim under the Americans With Disabilities Act (ADA) for failure to obtain parole release due to a lack of available drug treatment programs.
Abstract: For ADA purposes, the focus is whether the drug-abusing inmate is being handled differently because of the disability and is therefore entitled to relief under the ADA. The two threshold issues are whether drug abuse is a disability under the ADA and whether parole is a program under the ADA. A substance abuser who is addicted to or dependent on drugs or alcohol would be considered disabled under the ADA. However, analysis of statutes, case law, and the rules and regulations law promulgated under the ADA reveals no indication that parole from a correctional facility is a program as defined in the ADA. Footnotes
Main Term(s): Corrections management
Index Term(s): Americans with Disabilities Act (ADA); Corrections policies; Drug dependence; Drug-abusing inmates; Inmate drug treatment; Probation or parole decisionmaking; Right to treatment
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