Intervention Principles and Practice Guidelines for - Underage ...

others, the right to freedom of speech and religion, the right to due process, the right to confront
and cross-examine witnesses, the right to equal protection under the law, and the right against selfincrimination
(Del Carmen & Sorensen, 1988).
Therefore, it is vital that justice system personnel carefully consider their responses to underage
drinking offenders to ensure that youth receive fair treatment. When constructing conditions of
community supervision, professionals must ensure that they meet the following criteria (Del Carmen &
Sorensen, 1988):
• Supervision conditions must be constitutional and cannot violate any of the individual’s
constitutional rights such as due process and equal protection.
• Conditions must be clearly stated and understandable to the youth.
• Conditions must be reasonable, meaning that they are fair and achievable by the youth.
• Conditions must be reasonably related to the protection of society and/or the rehabilitation of
the individual.
• Legal counsel should scrutinize policies and procedures developed for the community
supervision of underage drinking offenders before they are implemented to avoid the risk of
later challenges based on violations of rights of youth.
Other Legal Issues to Consider
The following are among the legal issues and concerns that should be researched carefully during
the policy development process. Legal challenges still may occur, but if these issues have been
reviewed and decisions have been based on the best legal advice available, the agency and staff can
proceed with greater confidence.
Confidentiality
Two sets of federal confidentiality laws and regulations are applicable to individuals who experience
addiction or other results of alcohol use: the Public Health Service Act of 1944 (PHSA) and the
Health Insurance Portability and Accountability Act of 1996 (HIPAA). States also may have specific
confidentiality policies regarding addiction, alcohol treatment, or justice system involvement. Justice
system professionals must be knowledgeable about these confidentiality requirements both to
safeguard their own practices and to be cognizant of the requirements for treatment programs and
other services that may share responsibility for working with the same youth and young adults outside
the boundaries of the justice system. In this section, the federal confidentiality requirements will be
discussed briefly. Justice system personnel should also research confidentiality statutes or policies that
may exist within their own jurisdictions.
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