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How Do Drug Diversion Programs Work in New York City?
How Do Drug Diversion Programs Work in New York City?
Drug diversion programs in New York City provide alternatives to incarceration for individuals facing drug possession charges. These programs aim to connect participants to treatment and rehabilitation services instead of sending them through the traditional criminal justice system.
Types of Drug Diversion Programs
There are a few main types of drug diversion programs available in New York City:
Pretrial Diversion
Pretrial diversion programs(https://www.reddit.com/r/AskNYC/comments/9mv5wl/has_anyone_every_been_through_pretrial_diversion/) allow defendants to have their charges dismissed if they successfully complete mandated treatment. Participants usually undergo 6-12 months of substance abuse counseling, submit to regular drug testing, and fulfill any other requirements. If they complete the program, the charges are dropped.
Manhattan has a pretrial diversion program called Manhattan Treatment Court(https://www.nycourts.gov/COURTS/nyc/criminal/treatment.shtml) that handles nonviolent felony drug cases. Brooklyn, Queens, and the Bronx also have similar misdemeanor-level programs(https://www.nycourts.gov/courts/2jd/brooklyn/btdc.shtml).
Deferred Prosecution
Deferred prosecution agreements(https://www.avvo.com/legal-guides/ugc/deferred-prosecution-program) also dismiss charges after successful completion of a mandated treatment program. They differ from pretrial diversion in that the defendant must first plead guilty before entering the program.
Bronx County has a deferred prosecution program called the Bronx Misdemeanor Treatment Court. Participants plead guilty upfront, then charges are dismissed and sealed if they finish 6-12 months of assigned counseling and treatment.
Drug Court
Drug courts(https://www1.nyc.gov/site/dca/consumers/drug-courts.page) handle only drug-related cases through a specialized court calendar. Nonviolent offenders undergo court-monitored treatment instead of incarceration. There are dedicated drug courts in every New York City borough.
The Brooklyn Treatment Court, Queens Treatment Court, and Bronx Treatment Court handle hundreds of felony and misdemeanor drug cases every year through this alternative model.
Eligibility Requirements
Eligibility requirements vary across New York City’s drug diversion programs, but some common criteria include:
- Facing nonviolent misdemeanor or low-level felony drug charges(https://www.findlaw.com/state/new-york-law/new-york-drug-diversion-programs.html)
- No extensive violent criminal history
- Resident of the county where the charges were filed
- Clinically assessed substance abuse disorder or addiction
- Voluntary participation and desire for treatment
Deferred prosecution programs often have more stringent eligibility standards since defendants must first plead guilty to participate.
The Application Process
Those interested in a drug diversion program must first be assessed for eligibility and suitability. Defense attorneys will usually guide clients through this process.
The clinical assessment determines if the defendant has a legitimate need for substance abuse treatment. An extensive background check is also conducted to verify no disqualifying criminal history.
If deemed eligible, participants then go through a formal intake process with the diversion program staff. They are assigned a case manager and must agree to abide by all rules and requirements. Random drug tests and court appearances also begin at this stage.
Treatment and Rehabilitation Services
Drug diversion programs connect participants to a range of counseling and rehabilitative services, including(https://www1.nyc.gov/site/dca/consumers/get-free-drug-treatment.page):
- Substance abuse counseling
- Cognitive behavioral therapy
- 12-step programs and peer support groups
- Vocational training
- Educational services
- Job placement assistance
- Housing assistance
- Family counseling
- Medication-assisted treatment
Services are usually group-based and take place on-site at the treatment court facilities. The full course of treatment typically ranges from 6-12 months depending on progress.
Program Completion
Once participants satisfy all mandated requirements – like remaining drug-free, complying with treatment, and having no new arrests – they graduate from the diversion program.
Their criminal charges are then dismissed and sealed. Graduates can petition after a period of time to have the records destroyed under New York’s drug treatment alternative to prison (DTAP) laws(https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-216-05.html).
Effectiveness of Drug Diversion
Several studies show drug diversion programs reduce substance abuse and recidivism rates more effectively than incarceration:
- A Vera Institute analysis found conviction rates were 50% lower for Manhattan diversion participants vs. traditional adjudication(https://www.vera.org/downloads/publications/manhattan-treatment-court-evaluation-report_02.pdf)
- Brooklyn Treatment Court participants were 15% less likely to recidivate than non-participants(https://www.courtinnovation.org/publications/brooklyn-treatment-court-evaluation-planning-implementation-and-impacts)
- Bronx Misdemeanor Treatment Court graduates saw rearrest rates drop by 30% (https://www.courtinnovation.org/publications/bronx-misdemeanor-treatment-court-evaluation)
While not without criticism, diversion programs remain a popular alternative to providing treatment over punishment for drug-related offenses in New York City.
Resources
Inside New York’s Drug Treatment Courts
More on the Effectiveness of Drug Courts
So in summary, New York City offers pretrial diversion, deferred prosecution agreements, and dedicated drug court programs as alternatives to incarceration for low-level, nonviolent drug offenses. These interventions aim to address the root causes of addiction through court-supervised treatment instead of solely punishment. When completed, charges are dismissed and records sealed, allowing participants to move forward in recovery without a criminal conviction on their record.