The Department of Community Based Corrections currently grapples with a lack of funding,
due to which it cannot provide drug rehabilitation/treatment or vocational training without
assistance from other institutions. Restricted funding also prevents efficient monitoring and
evaluation of those undergoing Community Based Correction.
25.2. Rehabilitation of Drug Dependent Persons
The Commission found that no distinction is made between drug dependent persons and
drug traffickers; while the latter may be imprisoned the former requires medical care and
treatment.
A judge is empowered to order an offender to undergo rehabilitation at the treatment
centres managed by the National Dangerous Drugs and Control Board. The paucity of
medical personnel at treatment centres to treat drug offenders hinders the success of court
ordered rehabilitation as an alternative to imprisonment, as treatment centres have visiting
consultants and not resident doctors. Doctors also prescribe medication as treatment, which
the drug dependent person may not be able to afford. The few existing treatment centres do
not possess the capacity to meet the demand for drug rehabilitation.
There is also a lack of standardized policy to assess the drug dependency of a user to
determine the treatment required. Individuals referred to the Kandarkadu Drug Treatment
Centre and in transit at the Welikada prison informed the Commission they were not
examined by a medical officer, nor administered any medical test to ascertain drug
dependency before they were ordered to undergo rehabilitation at Kandarkadu. The lack of
a uniform sentencing policy for drug dependent persons is observable as the order for
treatment is based on judicial discretion.
25.3. Probation
The third non-custodial measure available under the national legal framework is probation,
which is the least restrictive alternative, as a person is required to remain in their residence
under certain probationary conditions designed for the individual.
The award of probation is not governed by certain stipulated criteria that must be satisfied,
but rather courts must assess the nature of the offence, sex and condition of the offender on
a cases-by-case basis to determine if probation is more suitable than imprisonment. This is
a much needed and progressive alternative to imprisonment, and provides a solution to
reduce the cost of incarceration on the taxpayer and society, but there is a lack of awareness
surrounding this option. The Department of Child Probation, which is mandated by law to
administer the system of probation does not in practice deal with the probation of adults and
instead focuses only on probations issues related to children. Hence, at present, there is no
designated entity tasked with undertaking and managing adult probation.
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