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New York StateUnified Court System

Suffolk County


MENTAL HEALTH COURT TREATMENT PROGRAM

The defendant shall remain under the supervision of the Treatment Court for a period of at least twelve months for misdemeanor pleas and eighteen months for felony pleas. During this period, the defendant shall appear regularly before the Court, submit to drug and/or alcohol screening at each court appearance, and comply with all orders and directions of the Treatment Team.

During the period of the Treatment Program, defendant shall be under the supervision of the Department of Probation. Defendant shall provide Probation with any change of address or telephone number within twenty-four hours of any such change.

Defendant shall permit a Probation Officer and/or his/her agent to search defendant, defendant's vehicle, and defendant's place of abode, where such place of abode is legally under defendant's control. Probation may seize any illegal drugs, drug paraphernalia or implements, or any illegal or illicit items found during a search. Any such search and seizure could result in additional criminal charges files against the defendant.

The defendant shall comply with conditions of supervision made part of the Mental Health Court Contract.

Defendant shall participate in the individualized treatment protocol recommended by the Treatment Team, and conduct himself/herself in accordance with the rules of the treatment or counseling agency.

Defendant shall notify the Treatment Team of any medications that are prescribed or recommended for any medical condition.

The defendant shall appear before the Court as directed, and keep the Court apprised of his/her progress in treatment. The Court shall provide to the defendant a written reminder of the next scheduled court appearance.

After leaving a sober house, in-patient treatment facility, or treatment program, defendant shall appear in court on the next possible court date. This provision shall apply whether the defendant leaves voluntarily or is asked to leave the sober house, in-patient treatment facility, or treatment program.

The Treatment Team will meet regularly for treatment conferences to discuss defendant's on-going progress and participation in the program. Conferences may include treatment providers or staff members from treatment agencies.

Defense Counsel may attend the treatment conferences with respect to his or her client only, at his or her discretion. Any non-attendance by defense counsel shall be deemed a waiver of counsel's participation for that particular conference.

Defendant and/or defense counsel shall notify the Treatment Team within twenty-four hours of any new arrest. Failure to disclose any new arrest may result in modification of the Agreement or termination of defendant from the Treatment Program.

The Court may impose sanctions upon the defendant for positive drug or alcohol screenings, missed treatment appointments, failure to appear in court as directed, bench warrants, or any other violation of the Treatment Program. Sanctions include, not are not limited to, increased appearances before the Court, increased supervision by Probation, monitoring devices, bench warrants and remand to jail, or in other than ordinary circumstances, additional time added to the break-out sentence of no more than sixty days, at the discretion of the Court.

Any condition imposed for the treatment and supervision of the defendant may be modified or changed, after consultation with the Judge and the Mental Health Court Team, should a material change in circumstances occur.