Being held in jail before rehab

My brother was sentenced to a minimum of 3 months of rehab but they’re maker him stay in jail until he enters rehab. It’s been almost three weeks now and he still doesn’t know when he’s entering rehab. Is there anything that can be done? Can he be released until rehab or have this jail time subtracted from his rehab sentence?

Asked on June 22, 2016 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a defendant can be held in jail while they are pending admission to a rehab facility.  Texas, for example, has a program commonly referred to as 'SAFP' (prounounced 'safe-P').  The purpose of the defendant being held is so that the defendant can 'dry out' safely while they are detoxing as many rehab facilities won't allowed them to enter a program during the detox or withdrawal phase. Three weeks is actually not a long time for this period of detention.  Some defendants must wait six weeks before they detox and for a bed to become available in a SAFP facility.

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