Families of SOs Community Group
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When I had my pharmacy, several times I was asked to sign a statement for a PO in situations like this. The probationer failed a drug test for which he had a legal prescription. Once I even had to testify in court.
Writing him up for a violation for the Vicodin if he can get a doctor or pharmacist to testify that he was legally taking the drug for medical reasons cannot be right.
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My experience with this is that my husband is on meds that in most cases will make a person fail a UA in fact when he had his UA when the company he worked for sold the facility he worked in and he had to go through the hire process again with the new company he would have failed if he hadn't had his prescription. The PO wanted to see the prescription and I think the bottle once, but they won't touch the bottle or handle any of the meds. I know here in WI there has been issues with agents stealing from their offenders their prescription drugs.
You will have to make your own judgements and decisions here, but if you would like peace of mind have you thought about calling the Agent to see what they say? I know it might give you two conflicting stories but you will have all the information then. Or you could ask your husband the doc that prescribed the medication as well. If he wants to be upfront and honest then he shouldn't have any real issue with you asking them about that one thing. Or if the doc is someone you know you might at least be able to confirm that there was ever any medication prescribed. I don't know enough about HIPPA to know what they would be able to tell you about your husband.
He says he took the prescription to his PO back then and she said no problem. Now she has no memory of that --- he doesn't believe me when I tell him to get things in writing--- and the supervisor will not believe him. His project for today is to get a copy of the prescription and take it to the PO and supervisor. He was told by the supervisor yesterday that "even if it was true and she cleared the violation, it would still be on his record" so it makes no difference for the review. My response was to just keep going up the chain. I would think that at some point they will have a problem with the absence of paperwork for this so-called violation from THREE MONTHS AGO.
Wisconsin, this is all complicated by the fact that we're nearly 2000 miles apart. I can't read his body language, nor can I go check anything out myself :( Plus, I have no experience in any of this and I don't want my words or actions to cause any problems.
I have also found from talking with many folks that female agents are notoriously more 'evil' than male agents. They seem to operate in a very vindictive way, setting people up to fail or trying to hold the leash so tight that the offender can do nothing else but bite them (figuratively). Personally I believe that most women that go into the profession of sex offender supervision have another agenda, probably with what they think are good intentions that play out like Steven King's, Misery. Where the offender feels like a prisoner, even worse than when they were incarcerated, so much so that I have heard some basically challenging the agent to draw up revocation papers cause the time inside would be easier than dealing with the supervising agent.
There is a remedy in most DOCs to complain about the agent or challenge a decision they have made, that is a process an offender can use to appeal decisions. It can progress all the way back to the sentencing court usually, if a remedy can not be found in the admin process. He should be looking up his options in the manual that the DOC he is supervised by uses. Those would be considered Open Records and be requested easily by just mailing the request (registered so there is a delivery confirmation receipt, because records need to be released in a 'timely' manner which is usually within 30 days.) When I request it I'll usually tell them that electronic copies will work to, if it will save them time and money. Then you can get a better idea of what to expect from the whole thing. I read the one for Wisconsin that is specifically for Sex offenders (yeah there are two supervision manuals, one for 'regular' criminals and one for sex offenders, RSOs have to follow them both... each manual is about 400 pages long too. They are not as daunting as they sound... )