Panel weighs whether reason for removal should affect revocation consequences
Judges probed whether removal from required treatment alone justifies severe consequences, noting that a removal for violent behavior has different implications for rehabilitation and sentencing than a removal for trivial or discriminatory reasons.
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One judge urged that the court consider not only whether a defendant was removed from a required treatment program but why that removal occurred when assessing consequences. The panel noted that removal for disruptive or violent behavior can indicate poor amenability to rehabilitation, whereas removal for trivial or improper reasons may counsel for a different consequence.
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