Drug and alcohol / substance abuse evaluation - Utah

Want to get some feedback / thoughts on the current substance abuse treatment programs here in Utah County, Utah. The courts will recommend a substance abuse evaluation ($68) and a drug test ($21) upon any substance abuse related charge or a DUI. I got a misdemeanor citation in March for my medicinal marijuana and had to under go the evaluation today. I explained that it was medically cleared and was being used after sigmoid volvulus surgery in lieu or narcotics / opiates as needed to suppress pain. The evaluation was today, in July, I hadn’t smoked since March after getting charged, and I don’t smoke cigarettes or drink alcohol. Basically no “substance abuse / drug or alcohol abuse”. After my evaluation they want me to complete a PRIME for life course ($200), if I don’t complete their recommendation i’ll be non-compliant and put in jail, essentially kidnapped from my life...

I'm willing to bet that not a single individual that had to take a drug and alcohol assessment in Utah County made it out of there with out having to go to a class of some kind, or was sent to a rehab for treatment, even if they didn't need it. 100% of people that take their assessment don't need to go to their county sponsored rehab or classes, especially just for being arrested with some weed! Please see Utah annotated code 26-61a-104 (Qualifying conditions).

It feels like a huge cash grab, they found a way to extort money from people stuck in the system. Something smells fishy here, and it ain’t the lake.

I’ve never submitted a GRAMA request or FOIA request, I put together a letter to send them, but wanted some feedback before I go deliver it

“It is my belief the county is operating a profit scheme”

Thanks for the comments and reading my post...

*****

Utah FOIA Request

[EDITED FOR PRIVACY]

[7/15/2019]

[Rosemary Cundiff]
[Ombudsman of Records]
[Regarding: Utah County Division of Substance Abuse (aDDAPT)]

[346 S Rio Grande St]
[Salt Lake City, UT 84101]

Dear [Rosemary Cundiff - Ombudsman of Records]:

Under the Utah Government Records Access and Management Act, §63-2-101 et seq., I am requesting an opportunity to inspect or obtain copies of public records that: [pertain to the number of people subjected to an alcohol and drug assessment in Utah County due to court order, and specifically the outcome of the assessment regarding classes and treatment. It is my belief that the county is running a profit scheme and recommending treatment for individuals not in need of any treatment. In example: People have been issued a citation regarding their medicinal marijuana possession (Utah annotated code 26-61a-104) and are now subjected to a drug and alcohol assessment, said individuals may not be in need of any treatment but the aDDAPT center forces them into PRIME for life classes and other various recommendations, along with the fees associated with said services. This information will be used to bring public awareness to unfair treatment recommendations, subjective fines and fees collected by the county, and other information regarding un-fair practices.]

If there are any fees for searching or copying these records, please inform me if the cost will exceed $1. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of substance abuse treatment. I am not affiliated with any news source but it is my intent to share my research and findings with multiple news outlets. This information is not being sought for commercial purposes.

The Utah Government Records Access and Management Act requires that public records responses be made within at least 10 business days if the records are for individual purposes or within five business days if the record is meant to benefit the general public. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

[EDITED FOR PRIVACY]

These are situations I dread reading about because they are indeed cash grabs, and it's maddening.
These kinds of things need to be exposed for what they really are.

Would be greatly interested to hear of any update to your information request. Looks very well written.

Sounds like you're in Utah. Condolences.

a reply to: JakobeSVT

I am not affiliated with any news source but it is my intent to share my research and findings with multiple news outlets. This information is not being sought for commercial purposes.

You are volunteering information and making a statement which may be detrimental to you if you find the evidence you are seeking.
Each and every person can be considered a citizen journalist. Make a youtube video on your find and you are a citizen journalist and also protected by the first amendment. My advice is to volunteer as little info as you need to and don't close any doors on yourself by stating that the info will not be used for commercial purposes.

Imagine you come across a scam and go to the press then the state goes after you because they have in writing that you are not affiliated. It is an FOIA you do not need to justify why you want the info. Most states if not all are required to honor FOIAs.

At those prices you quote, I doubt anybody is making much of a profit corraling users at any level, guilty or innocent. The testing sounds like it is below cost. Costs I have seen for these 'services' in other places tend to be multiples of those mentioned, so I suspect these costs are subsidised rather than for profit.

It is expected behavior that addicts and users 1. Lie about their use, the amount they use, and the circumstances under which they use, thus the 'evaluation' 2. Seriously resent ANY incursion on their using or freedom to use as they please, whether it harms themselves or others.

It strikes me that at those costs, the price of conformity is low, while the cost of non-compliance could be high. Rather than mounting a crusade against 'the system' based on anecdotal speculation about their motives, I would suggest the easiest path is just to comply and leave the crusading to somebody else. The worst thing that could happen is that you could pick up some education.

a reply to: Ceffer

Why comply? Sure it is easier, but if the evaluation is just a process where everyone is then required to go then it is a sham. I did a few 1st amendment audits a few years back before police started to respect citizens rights. At least if you had a camera, but before they were schooled they always pushed and sometimes violated our rights and each time there would be someone that would say why don't you just comply.

I would say, suit yourself and go for it. Let us know at what point you start feeling like Don Quioxte at the windmills. I would predict that you will wind up on the wrong end of the gavel and in a worse position than when you started.

a reply to: Ceffer

So basically your advice is to bend over and take it?

OP I say fark that, if the story you told is true then yes it’s sounds like a cash grab.
You get 30 people in a room paying $200 a pop the city has made.... *Carry the 1*.....*Add those together*.... it’s made a profit.

I would get this to a local media outlet ASAP, worst case scenario is you waste a few hours and still have to pay the $200.
Sounds like you were acting within the law and this extra program is unnecessary.

Good luck and keep us posted

Go to court dressed like an Osmond on tour and tell them that an angel gave you some golden tablets and a breastplate to magically translated them with. Then tell them that the translated tablets commanded you to not pay them and that you returned the tablets to the angel that disappeared with them. You can use your three wives as witnesses. If it worked for Joseph Smith, it just might work for you too.

a reply to: JakobeSVT

Okay, here's the first problem...

I got a misdemeanor citation in March for my medicinal marijuana and had to under go the evaluation today. I explained that it was medically cleared...

1. You were wrongfully charged IF you were using, or in possession of, the medicinal marijuana in accordance with the terms of the medical clearance. OR...

2. You were NOT using, or in possession of, the medicinal marijuana in accordance with the medical clearance and therefore were appropriately charged.

It is one or the other; it can't be both.

So, if it was #1, then you have an open and closed case to sue the jurisdiction which charged you for Wrongful Arrest/Misdemeanor Charge. You can find dozens of attorneys who will take this case, pro-bono (free of charges up front).

On the other hand, if it was scenario #2, then everything which follows what I quoted above in your OP is just 'noise'. Your use, or non-use, of drugs, alcohol and/or cigarettes since that time is irrelevant. (unless you came into your evaluation smelling of liquor, weed and cigarettes and have marijuana leaves tattooed across your forehead).

It's really as simple as that.

Secondly, just for your information, you are not submitting a "FOIA" request. You are submitting a "UGRAMA" (Utah Government Records Access and Management Act) request. AND, personal medical records are a cited exclusion from this Act. (See link below).

UGRAMA

Consequently, your attempts to compile evidence of wrongful behavior in this manner will not be successful, unless there is some document which openly admits the process is a State sponsored for-profit business enterprise (which I sincerely doubt). You would have better luck canvasing people who exit these evaluations and collecting signatures for a petition to stop the practice, or taking out an advertisement in any of a number of popular publications in Utah seeking interest in the same. Further, you should amend your letter to remove the request for personal records. Leaving this request in your letter will just lead to a summary refusal (i.e. it will be returned as "Denied").

Third, you don't have to state a reason in an Open Records request. You don't have to justify why you want this information. You just request the information you want and leave it at that. In Open Records requests, less is more.

a reply to: JakobeSVT

Brother, I live in Utah county. And I have a severe medical condition that cannabis helps so much with. We passed medical here, as you know, but do you think that my specialist will give me a script? We both know the answer to that. So I no longer smoke, because the consequences are too great. It is sick and twisted. And you know damn well that the church is behind it. I love living here, but to quote a podcast commentator, "Other states don't have the church to tell the government what to do." This state government is beyond corrupt, because 85% are members of the church.

And I do like my beer... too bad I have to go to a crappy state store to get it. Control is real...

a reply to: Flyingclaydisk

I'll be honest about it, it's option #2, i wasn't with in the parameters of the medicinal program here in Utah, more along Cali's guidelines. I had a dab pen and smoking it isn't legal still. Thank you for your comments and response. I'm not wanting anything personal, i'm more looking for statistics of how many people entered their evaluation and how many were forced into treatment. I think it would be shocking to find out that 100% of the evaluations result in treatment. In the end $200-$400 total for all their hoops isn't that bad, i'm going to have to just do it or i'll never get out of their silly little system. It just doesn't taste very good on the way down. My boss also pointed out that i don't take any accountability in the original story, i blame them for the problem, but really i was the one that had something illegal on me to be charged with. The state / county has to be making a lot of money off this program, and it seems nefarious.

You should also take note that people will cheer you on to 'rage against the machine' because they aren't the ones who will go to jail or suffer the consequences of the troubles.

That's pretty common, that is, for some people to encourage rebellion and then have the entertainment of watching the gullible advisee go down in flames .

a reply to: JakobeSVT

Thank you, for being honest.

I still believe in your cause, and I do believe Utah does all sorts of funny stuff like what you suggest. (I went to college in Utah...University of Utah and Weber State University). However, in Utah, you also have to understand the tide rolls with zero tolerance due to the heavy Mormon influence. To overcome this is a tall order. Sorry, but it is.

I wish you well.

originally posted by: underwerks
Sounds like you're in Utah. Condolences.

Yep. There’s your problem right there.

If you like to imbibe in much of anything beyond air and water I’d relocate.

originally posted by: JakobeSVT
Want to get some feedback / thoughts on the current substance abuse treatment programs here in Utah County, Utah. The courts will recommend a substance abuse evaluation ($68) and a drug test ($21) upon any substance abuse related charge or a DUI. I got a misdemeanor citation in March for my medicinal marijuana and had to under go the evaluation today. I explained that it was medically cleared and was being used after sigmoid volvulus surgery in lieu or narcotics / opiates as needed to suppress pain. The evaluation was today, in July, I hadn’t smoked since March after getting charged, and I don’t smoke cigarettes or drink alcohol. Basically no “substance abuse / drug or alcohol abuse”. After my evaluation they want me to complete a PRIME for life course ($200), if I don’t complete their recommendation i’ll be non-compliant and put in jail, essentially kidnapped from my life...

I'm willing to bet that not a single individual that had to take a drug and alcohol assessment in Utah County made it out of there with out having to go to a class of some kind, or was sent to a rehab for treatment, even if they didn't need it. 100% of people that take their assessment don't need to go to their county sponsored rehab or classes, especially just for being arrested with some weed! Please see Utah annotated code 26-61a-104 (Qualifying conditions).

It feels like a huge cash grab, they found a way to extort money from people stuck in the system. Something smells fishy here, and it ain’t the lake.

I’ve never submitted a GRAMA request or FOIA request, I put together a letter to send them, but wanted some feedback before I go deliver it

“It is my belief the county is operating a profit scheme”

Thanks for the comments and reading my post...

*****

Utah FOIA Request

[EDITED FOR PRIVACY]

[7/15/2019]

[Rosemary Cundiff]
[Ombudsman of Records]
[Regarding: Utah County Division of Substance Abuse (aDDAPT)]

[346 S Rio Grande St]
[Salt Lake City, UT 84101]

Dear [Rosemary Cundiff - Ombudsman of Records]:

Under the Utah Government Records Access and Management Act, §63-2-101 et seq., I am requesting an opportunity to inspect or obtain copies of public records that: [pertain to the number of people subjected to an alcohol and drug assessment in Utah County due to court order, and specifically the outcome of the assessment regarding classes and treatment. It is my belief that the county is running a profit scheme and recommending treatment for individuals not in need of any treatment. In example: People have been issued a citation regarding their medicinal marijuana possession (Utah annotated code 26-61a-104) and are now subjected to a drug and alcohol assessment, said individuals may not be in need of any treatment but the aDDAPT center forces them into PRIME for life classes and other various recommendations, along with the fees associated with said services. This information will be used to bring public awareness to unfair treatment recommendations, subjective fines and fees collected by the county, and other information regarding un-fair practices.]

If there are any fees for searching or copying these records, please inform me if the cost will exceed $1. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of substance abuse treatment. I am not affiliated with any news source but it is my intent to share my research and findings with multiple news outlets. This information is not being sought for commercial purposes.

The Utah Government Records Access and Management Act requires that public records responses be made within at least 10 business days if the records are for individual purposes or within five business days if the record is meant to benefit the general public. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

[EDITED FOR PRIVACY]

I tend to agree with you about the "cash grab" but not by the state so much as "the recovery industry". In principle, education is never a waste of time, it's good to know the facts - and public institutions (colleges, universities) could easily provide the 'mandated' education for very low cost as 'work experience' for their students and for the benefit of the community.

I don't know about UTAH, but the fact is, if medical weed isn't legal in the state, you were breaking the law no manner the usefulness of the substance. You can do whatever you like, if you are willing to pay the consequences. For me, I'd just pay the fees, do the course(s) and be more discrete in future.