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Lindsay Lohan

Lockdown Rehab

Doesn't Exist

3/25/2013 9:00 AM PDT BY TMZ STAFF
EXCLUSIVE

0324_lindsay_lohan_gettyLindsay Lohan struck a plea deal she CANNOT fulfill, because TMZ has learned ... the lockdown rehab she promised to do is a fiction.

Fact is ... there appears to be no non-jail rehab facilities that will keep patients in against their will -- anywhere in the U.S..

Sources connected with the case tell TMZ ... Lindsay's lawyer, Mark Heller, represented to prosecutors he could get his client into a 90-day lockdown rehab center in NYC. As we reported, there are no private NY rehab centers that keep patients against their will, except for one connected with the prison system, and you have to have a felony record to get in -- and Lindsay doesn't.

We also checked to see if Lindsay could complete her 90-day lockdown rehab in CA, but there isn't a single non-jail lockdown rehab facility in the State.

Rehab guru Dr. Drew tells TMZ, "There is no rehab that will hold you against your will, unless they feel the person is a suicide risk, and in that case they can hold the individual for 72 hours."

Here's the BIG problem. Lindsay's actual sentence is 90 days in jail, but the judge said he'd allow her to complete it with lockdown rehab. Sources say the prosecutors believed such a facility was available when they offered the plea deal. 

It would seem a typical 90-day rehab program wouldn't cut it.  Lindsay has been there at least twice before. She constantly snuck out of Cirque Lodge in Utah and allegedly did the same thing at Betty Ford in California.

On top of that, Lindsay continues to drink, as recently as Friday.

We're told prosecutors are reevaluating the plea deal to determine what they want to do.  Sources say the jail option is still on the table.

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533 COMMENTS

No Avatar
286.

Dr Who?    

Dr Drew is WRONGGGG. True most rehabs are not locked however you are remanded there by the Court. If you try to leave staff simply calls 911 and the police come and get you and bring you to lockup until you get to see the judge. THAT's when it gets serious - seriously folks... then she'll be off to jail. Dr Drew had it 1/2 correct. Hope he does better on the Jodi Arias thing - just glad he's not my doc... jus sayn

476 days ago
287.

SusanCF    

She needs jail. She doesn't need another stint at rehab. Its been done. Didn't work.

476 days ago
288.

Wrong!    

"Massachusetts General Laws Chapter 123, Section 35 permits the courts to involuntarily commit someone whose alcohol or drug use puts themselves or others at risk. Such a commitment can lead to an inpatient substance abuse treatment for a period of up to 30 days."

I know people it's happened to...it's a LOCKED facility and you can't leave. Involuntarily held against your will for up to 30 days. And it's not like jail at all, they are nice treatment centers.

So it DOES exist...

476 days ago
289.

Suzy Q     

As many have opined before me, the sentence of drug/alcohol rehab in lieu of jail time is technically not allowed in CA. This was NOT a non-violent, drug related criminal offense. She does not qualify for rehab under any criteria.


"California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration. As a condition of probation defendants are required to participate in and complete a licensed and/or certified community drug treatment program."

Not all defendants convicted of a non-violent drug possession offense are eligible for probation and treatment under Prop 36. Subdivision (b) of section 1210.1 of the California Penal Code deems the following defendants ineligible for the program: 1.Any defendant who has been incarcerated within the last five years for a serious or violent felony offense.
2.Any defendant convicted in the same proceeding of a non-drug related misdemeanor or felony.
3.Any defendant who, during the commission of the offense, was in possession of a firearm and, at the same time, was either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP).
4.Any defendant who refuses treatment.
5.Any defendant who has two separate drug related convictions, has participated in Prop 36 twice before, and who is found by the court by clear and convincing evidence to be unamenable to any and all forms of available drug treatment. In such cases the defendant shall be sentenced to 30 days in jail.

476 days ago
290.

Suzy Q     

Even if there had been a charge of driving under the influence (which there wasn't)


The California Supreme Court ruled that Proposition 36, the voter-approved law that provides treatment instead of prison for drug users, is not applicable to people convicted of driving under the influence of drugs, the San Francisco Chronicle reported May 28.


The court weighed in on the law's intent in the case of Michelle Canty, who was sentenced to six months in prison for driving under the influence of methamphetamine in 2001. Canty had sought referral to a treatment program instead of jail.


The 2000 state law mandates probation and treatment for individuals convicted of possessing drugs or drug paraphernalia, using drugs, or similar activities. Specific activities are not defined in the law. However, the law excludes crimes "not related to the use of drugs." The state's high court ruled unanimously that driving under the influence is among the excluded crimes.


http://www.drug-rehabs.com/court-limits-treatment.htm

Chief Justice Ronald George said that laws against drug use protect the user, while DUI laws protect the public. He added that including driving under the influence of drugs in Proposition 36 would undermine the state's drunk-driving laws.

476 days ago
291.

Suzy Q     

The University of California, Los Angeles, which was chosen to run the required evaluation of Proposition 36, has issued three annual reports on the implementation and impact of the program since 2003. These reports provide data and analysis that help state legislators determine the future of the program each year. A UCLA study released in April 2006 showed Proposition 36 is saving taxpayers $2.50 for every $1 invested. According to the Drug Policy Alliance, total savings for taxpayers over the past five years total $1.4 billion.[1][2]

Another UCLA study found that convicted drug users had become more likely to be arrested on new drug charges since the proposition took effect .[3]


Well, duh!


It's all about the money.

476 days ago
292.

peggy    

There is such a thing as Lockdown rehab. Try Montgomery County Rehab in Willis, Tx. And, ohhhhh, it is such. My son spent 9 months there. I visited there a few times. Send Lohab there, she wouldn't last 48 hrs. Lock her friggin ass up. That's what would happen to us peons out here. She needs a dose of reality. Think she'll ever get it?? NOT!!!!!

476 days ago
293.

Morticia Cowghoul    

PLEASE PLEASE PLEASE
SEND HER ENTITLED BUTT TO JAIL.
PLEASE.

476 days ago
294.

Dr Who?    

Dr Drew is WRONGGGG. True most rehabs are not locked however you are remanded there by the Court. If you try to leave staff simply calls 911 and the police come and get you and bring you to lockup until you get to see the judge. THAT's when it gets serious - seriously folks... then she'll be off to jail. Dr Drew had it 1/2 correct. Hope he does better on the Jodi Arias thing - just glad he's not my doc... jus sayn

476 days ago
295.

The New Improved Sock Puppet    

Not even with Harvey's dick.

476 days ago
296.

PokerStar    

She does have a consecutive sentence in this case. If they don't find a rehab facility AND if the court remands her, she will have to serve BOTH sentences. That means more then 90 days, the 90 days was for her recent "lying" arrest.

She may end up doing both 90 AND the 245 day sentences. Stand by . . .

476 days ago
297.

kade    

Why waste a bed at a rehab facility for someone who clearly doesn't have any interest in being there? There are plenty of addicts who need help with their addictions- Lohan shouldn't be using up a bed that could otherwise be filled with someone who's there because they want help, not just to avoid going to jail.

The tax payers would be better served if prosecutors let her off the hook. The sooner Lohan ODs the better. She's only a danger to herself. Let her OD and be done with it.

476 days ago
298.

alexisyfido    

Sigue a Alexis y Fido en 

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Subscribete a su canal de videos en youtube.com/alexisyfidovevo

476 days ago
299.

sc    

I wish she could serve a couple of years, learn a real skill and get a job after she leaves prison. or maybe go to school. anything so we dont have to hear about her for a good long spell.

476 days ago
300.

sophiastormy    

Her lawyer is smart like s fox. Why?? This joke of court didn't check into any of it. They didn't care that linds lied why care if the lawyer did too. This is on thread court, not liars and liar. Nothing will happen. She will skate like always

476 days ago
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