DA Unveils Program To Divert Low Level Drug Offenders To Rehab

SUFFOLK COUNTY, NY — It was a giant step forward for those battling the scourge of addiction Monday as Suffolk County District Attorney Tim Sini unveiled a new drug diversion program that will advocate rehabilitation and drug treatment rather than jail time for low level drug offenders.

Sini, Suffolk County District Administrative Judge C. Randall Hinrichs, Suffolk County District Court Supervising Judge Karen Kerr, Suffolk County Court Judge Derrick Robinson and members of the criminal defense bar teamed up to announce the creation of the new drug treatment program.

The Comprehensive Addiction Recovery and Education, or C.A.R.E., program, allows defendants suffering from substance use disorders to participate in the drug treatment program in exchange for the dismissal of the pending charges against them in Suffolk County, Sini said.

“The C.A.R.E. Program is the latest tool in our arsenal to combat the drug epidemic facing our communities,” Sini said.

The goal of the program is to divert low-level offenders who commit non-violent crimes due to substance abuse disorders away from the criminal justice system and jail — and into treatment where they can get the help they need, he said.

"By connecting these individuals to treatment, we will not only be helping to tackle the disease of addiction and the opioid epidemic we are facing here in Suffolk County, but we will also be improving public safety by addressing the underlying motivation to commit crimes fueled by drug abuse. This program will make our communities safer and healthier," Sini said.

On Long Island, local warriors in the battle against addiction voiced strong support for the new program.

"I applaud DA Sini for implementing a program that offers hope instead of incarceration.. This is a proven way to slow down addiction and put people who want to be sober on the road to recovery," said Drew Scott, who lost his beloved granddaughter Hallie to an overdose and who became co-chair of Southampton Town's Opioid Addiction Task Force.

“At a time when every law enforcement official is publicly proclaiming that we can’t arrest our way out of the opioid and heroin crisis, it’s great to see Suffolk DA Tim Sini taking yet another step to prioritize public health over punishment," said Jeffrey Reynolds, president and chief executive officer of the Family and Children's Association in Mineola.

"Under this new program, low-level offenders struggling with addiction will get a shot at treatment without having to be charged, take a plea and engage in a lengthy process that often leaves them at risk for subsequent arrests and overdose," Reynolds said. "This is a smart public policy move that will save taxpayer dollars, reduce crime and get people the help they need without a criminal record that impacts their future employment options."

He added: "It’s almost like we are plucking folks out of the river further upstream before they are swept into an unforgiving current of repeat arrests and jail sentences.”

Judge Hinrichs agreed the program is life altering.

"This innovative drug court model will work to save and transform lives, offering critical treatment and other support to help justice-involved individuals who have substance use disorders overcome the devastating disease of addiction ̶ — without the stigma of conviction ̶ — all while balancing the public safety," he said.

The C.A.R.E. Program is open to defendants who have minimal or no criminal record and who have no history of violence or gang involvement, a release from Sini's office said.

Defendants are eligible for the program if they are charged with the misdemeanor crimes of petty larceny, fourth or fifth degree criminal possession of marijuana, seventh degree criminal possession of a controlled substance, second or third degree criminal trespass, criminal possession of a hypodermic instrument, second degree criminal use of drug paraphernalia, disorderly conduct, or first degree loitering, Sini said.

Eligible defendants who choose to participate in the program will sign a letter of understanding to receive drug treatment for 90 days, he said.

They will also be evaluated by the Suffolk County Drug Treatment Team, which includes members of the Suffolk County Department of Health Community Mental Hygiene Services, Suffolk County Department of Probation and other court staff, to determine the appropriate treatment plan and rehabilitation services, Sini said.

All services and treatment will be provided by agencies certified by the New York State Office of Alcoholism and Substance Abuse Services; participants can also opt to receive treatment for longer than the 90-day period.

Upon successful completion of the program, participants will have their cases dismissed in the interest of justice and sealed, Sini said.

The new program will run in addition to the Suffolk County Drug Treatment Court, in which eligible defendants suffering from substance abuse disorders are required to enter a plea of guilty in exchange for treatment.

Those defendants participate in the drug treatment court for a minimum of 12 months on misdemeanor charges and 18 months on felony charges; if the defendant successfully completes treatment, the charges will be reduced or dismissed depending on the plea agreement in the contract, Sini explained. Failure to complete the requirements of the drug treatment court results in an agreed-upon breakout, which is typically a jail sentence, he said.

“The current drug treatment court model requires that the defendant plead guilty to the charged crimes prior to participation in the treatment court, which many in the defense bar claim is a significant impediment,” Sini said. “C.A.R.E. removes that requirement with the objective of further incentivizing defendants to participate in treatment.”

Under the C.A.R.E. Program, if the DA's office determines that there's been a violation of the agreement during the 90-day period, the case will be referred to the Suffolk County Drug Treatment Court where a plea will be offered to the defendant, Sini said.

If the defendant accepts the plea, he or she will enter into a Suffolk County Drug Treatment Court contract; if the defendant chooses not to enter into the Suffolk County Drug Court Treatment Court contract, the case will be referred to a regular courtroom for disposition, he said.

Violations of the program include being arrested on new charges; not engaging in the treatment program as recommended by the Suffolk County drug treatment team; or not reporting to court for scheduled appearances, Sini said adding that participants must also agree to undergo drug testing prior to the completion of the C.A.R.E. Program.

“This model also aims to increase enrollment among minorities, in light of drug court’s relative lack of minority participation,” Sini said. “In fact, we applied the eligibility criteria of the C.A.R.E. program to a recent time period of three months, which showed that the pool of eligible defendants is far more diverse than the current makeup of drug court. Thus, not only will this program increase the number of defendants in treatment, it will ensure that all defendants — no matter what race or ethnicity — have an opportunity to benefit from this program.”

Patch photo courtesy Suffolk County District Attorney's Office.