Q: Can drug court do this

A: The description seems to state that there may be two problems preventing someone from getting out of jail: 1) the "home" county judge's order that she be released to inpatient treatment but those arrangements have not yet been made; and 2) a warrant or hold from another county, presumably on an unrelated matter. Criminal defense lawyers regularly work to solve complex problems like this, but the attorney of record for the defendant will be the only with all the information needed to do so. However, based on the description here, it sounds like the solution may involve: getting an inpatient treatment program to agree to take her (funding with help of a social worker) with an admit date; and 2) verify (proof) that the hold from the other county has been dropped. But calling her lawyer may be the best immediate step.

A: Jail is not treatment. Thirty days in jail is not going to count toward 28 days of inpatient treatment. It sounds as if she will be released from jail once a treatment bed becomes available. That bed hasn't opened up yet so presumably she hasn't been released. Treatment is typically a condition of participating in drug court and holding someone for treatment isn't unusual in the least in the drug court context.

The fact that inpatient is the recommendation leads me to believe that she must have a fairly significant drug problem that needs to be addressed. Otherwise she is going to continue having issues that have her cycling in and out of jail and court. Now is the time to address the issue. If she doesn't want to go to treatment, she can always plead guilty and request execution of her sentence. That keep her from going to treatment, but ultimately result in a prison sentence. The choice seems pretty obvious to me.

A: Unfortunately, the jail time will not count towards treatment. It sounds like the drug court judge placed a detainer hold on her, meaning that she will not be released from the jurisdiction she is currently in until she undergoes treatment, regardless of the warrant/bail situation in the second county. The fact that the warrant has been quashed in the second county just means that she will likely not have to sit in jail after she completes treatment in order to await extradition to the second county.

The time she spent in jail might count as "time served" if she receives a jail sentence in the end (i.e. if she is sentenced to 60 days in jail, she will receive credit for the 38 days she was already detained and have to only serve 22). But since you say that this is her first time in drug court (which I interpret to mean she does not have prior drug convictions), it is unlikely that she will be sentenced to jail or prison time if she complies with all of the conditions issued by the drug court. Generally speaking, complying with the conditions issued by the drug court will result in a far more favorable resolution in the end.

I cannot speak to whether or not your loved one does have a substance abuse problem (since I do not know anything about this matter), but the purpose of drug court is to help rehabilitate a person with a suspected substance abuse issue by ensuring that they undergo treatment, and ultimately prevent that person from relapsing and recidivating (or worse, overdosing). Her release from custody is contingent upon her going to and completing an inpatient treatment program. If you can find another inpatient facility with an open bed that will admit her, it might expedite the process if the judge agrees to it. I would be wise to speak with her attorney about this. In any event, I am very sorry to hear about what is happening with your loved one. I know the process can feel powerless and frustrating, and I wish you and your loved one all the best.