Legal Question in Civil Rights Law in California

Holds on release date, due to no vacancy at drug rehab. placement

I have a friend who was sentenced to 180 days and then was to complete 3 months of Rehab/drug. She has completed her 180 day sentence and was scheduled for release today, but they put a hold on her due to unavailbility of beds at a drug rehab. They said she could be in for another 20 days.

Which will not count toward the 3 month rehab. order.

We have found other sober living treament centers which are willing to take her, but, the jail will not release her because they have a contract with the 2 rehab centers. Is this legal for them to keep her in Jail? They had a bed ready for her but, the person whe works under in the prison

told her that we didn't need to pay to keep a definate placement open because they would release her on the 17th and she would then have to go to court in 1 to 2 months to show proof that she completed a sober living 30 treatment.

she is suppose to start her new job in 32 days. What do we do


Asked on 7/17/02, 6:08 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Holds on release date, due to no vacancy at drug rehab. placement

She may be able to bring a motion in court ordering her release, and she may have a civil claim for improper confinement.

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Answered on 7/19/02, 4:50 pm


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