Lindsay Lohan Sentencing
July 6, 2010 3:51 PM   Subscribe

In hearing about the Lindsay Lohan sentencing today, I am curious as to what the rationale is to do the jail time first before rehab, rather than vice versa? Is this how it is commonly done?
posted by josher71 to Health & Fitness (20 answers total)
'Cause a stretch in jail could probably undo any gains made in rehab?
posted by Thorzdad at 3:56 PM on July 6, 2010

I would think that jail time would do two things. First, it's punitive, and it serves as a deterrent for others who would violate the terms of their probation, as well. If there are certain conditions of your probation, it's pretty important that you follow them, and that society at large considers this to be important, as well. Secondly, it may create a gravity to the situation that would make rehab more effective.
posted by SpacemanStix at 4:06 PM on July 6, 2010 [1 favorite]

I suspect it will be a "touch and go" jail stay. She checks in, gets processed through and is then released, presumably into the rehab center.
posted by gjc at 4:27 PM on July 6, 2010

It is likely because she flaunted the previous rehab classes with lame excuses. The judge wanted to send her to jail immediately. Lohan's lawyer pleaded for two weeks. So she goes to jail in late July for a 90 day sentence. In reality she will be in jail for 22 days because they only spend about 25% of the actual time.

She is lucky that the judge was not told that Lohan's monitor had gone off for alcohol. The judge is sick of her lame excuses it seems.
posted by JayRwv at 4:35 PM on July 6, 2010

I think part of the rationale behind jail then rehab is that in jail they *shouldn't* be able to get access to alcohol or drugs. Do your jail time, go through your withdrawl where you don't have access to your vice, then upon exiting go into rehab to help you from relapsing.
posted by Ereshkigal313 at 4:41 PM on July 6, 2010

I think, under the shaky logic that people with substance abuse problems should be treated as criminals, rehab is treated kind of like community service or probation- it's another step in completing your sentence, after the jail part. And if you don't complete it, you get sent back to jail. If she was headed to jail afterward anyway, that wouldn't be a very effective threat.
posted by drjimmy11 at 5:01 PM on July 6, 2010

I work for a drug court program that diverts felony drug offenders from incarceration into treatment. However, if the offender severely violates the stipulations of their plea deal the judge may see fit to sanction the person to a short jail stay. If that person is in need of inpatient treatment the jail stay may serve to keep someone in the Commonwealth's custody until the rehab bed can be arranged and the offender then transported to rehab by the Sheriff's Department. The judge would do this if he felt the offender was a flight risk and wouldn't voluntarily appear for an intake at a rehab. I don't know how any of this fits the Lohan situation, I haven't read about it.
posted by The Straightener at 5:16 PM on July 6, 2010 [1 favorite]

And, btw, discard the other contributions in this thread. No offense, but they are all totally speculative and don't really demonstrate any familiarity with the criminal justice system, parole or probation, or diversion programs.
posted by The Straightener at 5:18 PM on July 6, 2010 [5 favorites]

Lohan's attendance at court-mandated alcohol counseling has been spotty, and she blew off a court date because she couldn't get back from Cannes — poor dear misplaced her passport — so the judge reasonably considers her a flight risk, as The Straightener suggests.
posted by nicwolff at 5:42 PM on July 6, 2010

Celebrities in Los Angeles are a special category. You might want to look up some of Paris Hilton's antics. Paris did the Lohan, and the court went back and forth over how to treat her. When she didn't get jail time, there was a huge outcry in Los Angeles, then she went to jail but there were a whole host of problems related to having a celebrity in the slammer. I don't really follow it closely enough to give you the specifics. But the LAPD chief was accused of being a celebrity hound and all sorts of other political fallout. So my two cents is that Lohan got time so she wouldn't seem to be in a separate category, etc.

Tired of Paris and I haven't even left town. Lohan same deal.
posted by effluvia at 6:00 PM on July 6, 2010

If you're interested in Lohan's background, there was an in-depth analysis of it in last Sunday's Los Angeles times which you can find online, Calendar section. I didn't read it, but they covered all of her gaffes and the impact on her career.
posted by effluvia at 6:04 PM on July 6, 2010

Uh, The Straightener, I want to just read your answer and ignore the others, but what's the answer: in situations with both jail and rehab, why is jail FIRST? Is it just while waiting for available beds? In lohan's case, it seems punitive.
posted by salvia at 6:25 PM on July 6, 2010

Lohan will serve at Century Regional Detention Facility (CRDF), administered by the Sheriff's Department, if I'm understanding that correctly. From their website:
Religious and Volunteer Services Unit

The Religious and Volunteer Services Unit's primary purpose is to coordinate the delivery of religious services to the inmate population. There are currently over 2000 representatives from the various ministries (Catholic, Protestant, Jewish, Muslim, Christian Scientist, Jehovah's Witness, Episcopalian) who volunteer to provide for the spiritual needs of the men and women incarcerated within our jail system.

Members of self help organizations also conduct meetings inside the custody facilities. They include representatives from Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous and Marijuana Anonymous.

Friends Outside

Friends Outside under contract through the Inmate Welfare Fund, and assigned with the Community Transition Unit, provide inmate and family social services to inmates incarcerated in Los Angeles County Correctional facilities. Inmates reach the Friends Outside through referrals from volunteers, such as Clergy, Educators and the inmate request forms. Such services include:

* Individual, group and/or family counseling
* Referral to community resources and counseling
* Drug & Alcohol abuse counseling
So there will be some services available to Lohan there with regards to substance abuse counseling. No, it's not full "rehab" but I'm guessing the court is mindful of these services.

(I have no special knowledge of the criminal justice system, so take this with a large grain of salt.)
posted by artlung at 7:05 PM on July 6, 2010

When I was in jail lo those 11 years ago, I watched multiple people detox on the floor of the jail (see, they were out of cells, so if you were lucky you got a foam pad and a place to sleep on the floor). Poor bastards had not much choice but to go cold turkey. Sad, scary, dangerous to watch coke/alcohol/oxy/pick your poison addicts flop around drooling for 14 days.

At that time, hell, at THIS time, publicly funded rehab (not that LiLo needs publicly funded, but w/e) was so slimly available that waiting lists stretch(ed) into the years.
posted by TomMelee at 7:11 PM on July 6, 2010

In theory, her time in rehab after jail will help her transition into a sober lifestyle in society.
posted by kelegraph at 7:14 PM on July 6, 2010

She's going to jail because of multiple parole violations after a DWI, same as Paris. It's not that people with substance abuse issues are criminals, it's that people who drink
and then drive cars are criminals.
posted by sweetkid at 7:21 PM on July 6, 2010 [5 favorites]

In my experience, folks would be a lot less motivated to complete rehab and be really engaged if all they had waiting was jail. Do it the other way around, however, brings home the dire seriousness of her choices and the likely outcome of the path she's on-giving her a possibilty of actually doing this thing.
posted by purenitrous at 9:08 PM on July 6, 2010

Is this how it is commonly done?

You are probably thinking of more straightforward cases where rehab is dangled as a carrot for the addict to use as a get out of jail card. If they go through rehab and comply with other court orders, then the state/county do not have to process them in the corrections system, and they go on to live a productive life. Ideally, it's win-win.

In this case the time for such bargaining was passed long ago.

There's no question she has a lot of friends who are willing to stick up for her and try to frame a different narrative -- a smart career woman instead of a party girl -- but the judge clearly felt toyed with.
posted by dhartung at 9:11 PM on July 6, 2010

I have no idea how celebrities are treated regarding jail sentences. I know for my clients, jail is often done before rehab because it gives them additional "clean time" (whereas with some rehab programs, inmates can walk out, etc, or more easily smuggle in contraband). The other advantage is you punish them first so they remember why they should be complying with treatment. Then if they wash out during treatment, there will be an additional probation sanction awaiting them.

Also, in my county at least, the jail offers AA classes and some other minimal forms of treatment. So people who are serious about getting better can start the process while in the tank.
posted by Happydaz at 9:43 PM on July 6, 2010

It's not that people with substance abuse issues are criminals, it's that people who drink and then drive cars are criminals.
sweetkid, you forgot to add "... as are people who ignore court orders."
posted by IAmBroom at 1:09 PM on July 7, 2010

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