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    Overview

    The Judicial Diversion Program offers you the chance to move forward in your life, free of drugs and alcohol.

    The Judicial Diversion Program (JDP) (CPL Article 216) takes place in courtrooms of the Suffolk County Court. JDP is a program for felony offenders who face non-violent charges, and who also abuse alcohol and/or drugs. Instead of jail or probation, JDP will help you enter and stay in a drug or alcohol treatment program. The JDP includes regular court appearances and supervision by a judge.

    After arraignment, as an eligible defendant, you are given the opportunity to choose the Judicial Diversion Program as an alternative to the regular court process. If you abuse alcohol and/or drugs and are eligible for the program, your Case Manager will work with you to build a treatment plan. While you are in treatment, the Judge will closely monitor your progress.

    Administration

    Eligibility

    Article 216 Judicial Diversion Eligible Defendant

    Stands charged in an indictment or SCI for

    1) Any Penal Law Article 220 or 221 Class B, C, D or E felony

    or

    2) Any “specified offense” under CPL 410.91 (Parole Supervision [i.e., Willard])

    • Burglary 3rd
    • Criminal Mischief 2nd or 3rd
    • Grand Larceny 2nd (no firearms or meth components)
    • Grand Larceny 3rd (except firearms)
    • Unauthorized Use of a Vehicle
    • CPSP 3rd (no firearms or meth components)
    • CPSP 4th (no firearms)
    • Forgery 2nd
    • Criminal Possession of a Forged Instrument 2nd
    • Unlawfully Using Slugs
    • Or an attempt to commit one of the above offenses if an attempt is a felony

    However, a defendant is not an Eligible Defendant if:*

    1. Conviction within the past 10 years (excluding prison time between commission of prior felony and commission of present one) for:
      • A Violent Felony Offense. PL 70.02
      • An offense for which Merit Time Allowance is not available.
        • Corrections Law 803(1)(d)(ii)
      • A class A felony offense defined in article 220 or 221
    2. Has not been previously adjudicated a second violent or persistent violent felony offender
    3. Does not have a pending charge for a violent felony offense or an offense which does not allow merit time (Corr. Law 803(1)(d)(ii))

    *Unless the District Attorney consents to their participation in Judicial Diversion in which case they are eligible defendants.

    Phases & Objectives

    Infractions & Graduated Sanctions

    The Court will respond swiftly to “problems” that may occur in treatment with a system of "graduated sanctions”. Any number of problems may be classified as an "infraction" falling into one of the following listed categories depending upon severity. The number of infractions, and the category each falls into will determine the Courts response.

    WITHIN THE UNDERSTATED GUIDELINES THE JUDGE OF THE SUFFOLK COUNTY JUDICIAL DIVERSION PROGRAM WILL HAVE COMPLETE DISCRETION IN DETERMINING THE IMPOSITION OF THE SANCTIONS

    New Arrest: The status of a person who is arrested while participating in the JDP will be reviewed by the JDP staff (Judge, Resource Coordinator, Case Managers and Probation Officers). If the participant is allowed to continue in the program the Court may impose additional conditions for the continued participation.

    Level “A” Infractions

    To include but not limited to the following:

    • Knowingly providing false information
    • Absconding or termination from treatment with an involuntary return to court the next available court day.
    • Any new arrest
    • Involuntary return on a warrant issued by Suffolk County JDP Felony Drug Court

    Any level “A” infraction will require an immediate court appearance for the determination of continued eligibility in program and/or jail based sanction.

    Level “B” Infractions

    To include but not limited to the following:

    • Submit a substituted or tampered urine specimen
    • Absconding or termination from treatment with a voluntary return to court. Participants who leave, or are terminated from a placement treatment program and who return voluntarily to either the Drug Court, Case Manager or Probation Officer, must appear in court immediately for a sanction, which may or may not be jail based.
    • Unable to produce a urine specimen or submit a positive specimen
    • Any missing or un-excused court appointment, late arrivals to court, or missed probation appointments.

    Any of the above may result in a sanction, and will require an immediate court appearance for the imposition of an appropriate sanction.

    Possible Sanctions

    To include but not limited to the following:

    • Writing assignment (essay)
    • Increased court reporting
    • Jail - length of time will be at the discretion of the Judge

    Possible Incentives & Rewards

    To include but not limited to the following:

    • Public acknowledgment
    • Letter of commendation by the JDP staff
    • Certificates for Phase advancement
    • Certificates for significant achievements
    • Graduation and Dismissal of the case

    Changes in level of care can be mandated at any time and will be determined by the court. If you are unable to attend a scheduled appearance due to an emergency, you must contact your attorney and case manager at the phone number provided to you below.

    Dress Code

    You are required to report to all court dates dressed clean and neat in both attire and appearance.

    • NO sweat-pants or pajama bottoms
    • NO shorts or mini skirts
    • NO tank tops or halter tops
    • NO revealing tops or blouses (see through or low cut is unacceptable)
    • NO tee-shirts referencing drugs, alcohol, sex, offensive language, or inappropriate designs.
    • NO flip-flops

    Criminal Procedures

    Article 216 - Definitions
    Article 216.05 - Court Procedures