9th Circuit: On Supervised Release, Must Have Secular Alternative To 12-Step Program Requirement

 In United States v. Rourke, (9th Cir., Feb. 15, 2024), the U.S. 9th Circuit Court of Appeals held that it was "plain error" for a district court to impose as a condition of supervised release, without a non-religious alternative, that defendant live at and participate in a 12-step based halfway house if his probation officer requires it. The court said in part:

A twelve-step program is “a distinctive approach to overcoming addictive, compulsive, or behavioral problems,” which “asks each member to ... recognize a supreme spiritual power, which can give the member strength.” .... We have previously held that compelling a parolee to participate in an “Alcoholics Anonymous 12 step program” violated the Establishment Clause....

... [R]emand to the district court to modify the condition is required. So long as the revised condition explicitly notes Rourke’s right to object to the imposition of religious-based treatment and to be offered a secular alternative, no Establishment Clause violation will result.

NY Governor Vetoes Bill on Notifying Defendants of Right to Secular 12-Step Programs

On Dec. 23, New York Governor Kathy Hochul vetoed New York Senate Bill 7313A which would have required courts, in imposing alcohol or substance abuse treatment on a defendant, to inquire if the defendant has religious objections to the program, and if the defendant does, to identify an alternative nonreligious treatment program for the defendant.  As reported by Only Sky, the veto was met with substantial criticism.  In her Veto Memo, Governor Hochul explained her veto in part as follows:

While I support the right to a substance use treatment program that will be most effective, codifying the right to object to mandated attendance at a religious substance use treatment program sets an uncomfortable precedent in that it may invite future selective legislative efforts to inject a similar burden upon judges to inform litigants of their rights to opt out of other court mandates. This process may raise questions whether litigants enjoy rights to opt out of other mandates on religious grounds where the underlying statutes have not been amended to codify those rights. Given that defendants already have the right to request nonreligious treatment, this bill is unnecessary and imposes an overly rigid burden on courts and judges.

$1.9M Settlement In Suit Over Parole Revocation For Refusal To Attend Religious 12-Step Program

The Redding Record Searchlight reported yesterday that a settlement has been reached in Hazle v. Crowfoot, a suit in which the 9th Circuit held that plaintiff, an atheist whose parole on drug possession charges was revoked after he refused to participate in a faith-based drug treatment program, is entitled to compensatory damages. (See prior posting.) Hazle served over 100 additional days in prison.  Under the settlement agreement, the state of California will pay Hazle $1 million and Westcare California, Inc., the contractor that offered only a faith-based 12-step program for parolees, will pay him $925,000.