Defendant has one criminal episode on his criminal history. Unfortunately for him it is a first degree drug offense. Prior to sentencing he was in an automobile accident and lost a leg.
Question: Under 42.12 sec. 11 (15) he SHALL "attend counseling sessions for substance abusers". The only drug offender education program is held on second floor of our county probation office and inaccessible to defendant. May the judge waive the requirement?
I think the judge could probably waive it if both sides agree. But wouldn't it be better to find a way to actually get him counseling? Isn't there a first-floor room they could hold counseling sessions on temporarily?
You're also getting into Americans with Disabilities Act territory. I'd be careful about making sure no one is denied access to a program because they have a disability.
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