LOS ANGELES, Calif. -- Lindsay Lohan is not going to jail.

On Friday, Beverly Hills Superior Court Judge Elden S. Fox ordered the starlet back to rehab - not back to jail - for violating the conditions of her DUI probation, when she tested positive for a random drug test in September.

PLAY IT NOW: Access Holly...say Lohan

Judge Fox ordered Lohan to stay at the Betty Ford Center, a rehab facility she checked into late last month, until January 3, 2011.

"You're staying there past the New Year and there is a reason for that," Fox said in court on Friday morning.

VIEW THE PHOTOS: Mug Shot Mania

The judge also ordered that Lohan's SCRAM device, which has been attached to her ankle, can be removed.

The actress was reduced to tears by the ruling and thanked the judge, according to Access Hollywood's reporter inside the courtroom.

Prior to Judge Fox's ruling, the Los Angeles District Attorney recommended Lohan get jail time - 180 days (6 months) - for her probation violation. The DA pointed out that Lohan's current stay at the Betty Ford Center is her fifth time in rehab.

VIEW THE PHOTOS: The Tria...say Lohan

"This is an ongoing cycle," DA Danette Meyers told the court, adding that the only way the court would get Lohan's attention - in the DA's opinion - would be by sending her to jail.

Lohan's lawyer, Shawn Chapman Holley, argued that, "relapse is part of recovery," and noted that the actress "chose a rehab that is known to be hardcore."

VIEW THE PHOTOS: Lindsay ... 6, 2010)

Among the evidence presented to Judge Fox at the hearing included a report from the Betty Ford Center, a handwritten note from Lohan and a probation report.

While giving his ruling, the Judge had strong words for the actress.

"You are an addict and I hope you understand that," he said.

He also advised Lohan that she needed to think about the future, noting that if she were to fall off the wagon again, "you won't be the first."

"You will become unemployable," he added. "Uninsurable."

In addition to the court ordered rehab, Lohan was ordered to undergo random drug testing.

"Hopefully you'll put this long episode behind you," he added.

As previously reported on AccessHollywood.com, Judge Fox revoked Lohan's probation in September after she violated the conditions of that DUI probation by failing a court-mandated drug test, a test which came just days after spending more than 20 days in court-ordered rehab at UCLA Medical Center and a 13-day jail stint.

The judge sent Lohan to jail after a September 24 hearing, but his ruling was overturned after the actress' lawyer filed an appeal with the court. Judge Patricia M. Schnegg, who presided over Chris Brown's case, was the one who overturned Fox's ruling that Lohan be held in jail without bail until her October 22 hearing. Schnegg cleared the way for Lohan's release, setting her bail amount at $300,000.

Days after posting bail, Lohan was spotted visiting teens and the homeless at a Los Angeles shelter. A few days later, Lohan checked into the Betty Ford Center in Rancho Mirage, Calif., where she has spent nearly a month in treatment.

Paparazzi spotted Lohan at a Starbucks in the early hours before her court appearance. Her mother, Dina Lohan, was with her.

The actress reportedly left the Betty Ford Center around 4 AM on Friday morning for her court hearing.

Loot does wonders in the so called justice system.

I say we just shoot her and get it over with, she is a train wreck waiting to happen.

Graycap23 said:

Loot does wonders in the so called justice system.

No doubt

Was she even in rehab for a full month? I donno what is going to happen with that chile as long as she's not given consequences to face for her actions

PaisleyPark5083 said:

I say we just shoot her and get it over with, she is a train wreck waiting to happen.

Waiting???

Unfortunately some people just can't be helped. She's going to mess up again, and the next time she'll either kill herself or others. Just a matter of time...

If she were Jerome Jenkins or Juanita Alvarez or Martina Utler, she'd be way past her Third Strike...

... and corporations have First Amendment rights.

I want to burn the entire country down to ash and start again.

She has devils all around her. It's almost like they WANT her to die, so they keep putting her in the same situations so she can keep repeating herself over and over until she dies. Which is horrible, really. She's a year younger than me, has a ton of money...and it's just amazing to look at her and feel like she's doomed. Here I am in the heart of Chicago, slaving over a hot education, grabbing every dime and dollar I can get...and sometimes life just sucks, but I've got a fighting chance. My parents gave a damn about me. I hate to say things like this--not knowing how true or untrue they are, but it really looks like nobody gives a damn about her.

She doesn't understand. And nobody is giving her that tough love she needs. Yep. Just go to rehab. The come on out, have your drinks, do some drugs, and face the "consequences". She should have gone straight to jail. A few weeks of being the "new fish" in the Women's cell would have set her straight....

I really don't want to turn on the tele one day and here that she's gone. But that might just happen. Poor messy thing.

Who's dick is she sucking that they're keeping her out of jail?