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From: Tracy
Date: 01 Dec 2004
Time: 17:45:10 -0800
Remote Name: 209.33.24.136
Very interesting site. Will try to make this short:
My brother is a 47 year old doctor in TX. Was extremely well respected. He unfortunately used (smoked) cocaine for about a year and was arrested in August. Spent 1.5 months in jail before getting out on probation for 2 days followed by mandatory enrollment in a rehab program. Probation officer had to be contacted to verify he arrived at rehab which he did. Upon admission to the rehab program, he signed a release form for the court/probation officer allowing rehab program to release information that he had arrived and monthly progress reports (nothing else). He did sign full releases for me (his sister) and his attorney but a restricted one for the probation officer. Upon admission to the rehab program, he tested positive for cocaine. Test results were sent to a lab for confirmation. Subsequent tests were negative. 2 weeks into the rehab program I begged my brother to be honest with the rehab counselor - that being honest & confronting reality was the only way to be successful in rehab. One of the counselors had told me the only way they would keep him in the program was if he confessed. They had told him that the only way they would make a report to the police was if someone's life was in danger. He confessed. Not sure what exactly he confessed to, but he confessed. His counselor immediately reported his "confession" to the probation officer via e-mail. The counselor did not tell my brother he had reported anything but knew for about a week that they were going to come and arrest him. My brother was rearrested for probation violation. His arrest papers specifically say he violated the terms of his probation - that On Oct 4th, "while completing the admission documentation for the ........Treatment Program.... the defendant admitted to using cocaine after being placed on probation on Oct 1st. This information was communicated to Court Liasion Office (name is given on the form) by (name of case manager for the defendant at the .....center). My brother is still in jail. His attorney feels it is the "best place for him" until an opening occurs in the state run rehab program (boot camp). Approx. 90 day wait.
I am not necessarily looking for loopholes - I understand completely that my brother has a serious problem. I just need to know if the rehab program, according to regulations/laws, had the right to take the confession that my brother made while in a rehab program (at which time he was NOT using) and e-mail it to the probation officer?? I have finally got the rehab center sending me a full copy of my brother's records as of today - may have more information later. You sound extremely knowledgeable - I would appreciate your input. Thanks!