__________________________________________Ask the DA

 

Is there an alternative-to-prison program for a defendant that is mentally ill?

Until 1998, a disproportionately high number of nonviolent, mentally ill offenders who also had substance abuse disorders were denied the opportunity for treatment through an alternative-to-imprisonment program. In an attempt to resolve this problem, my office created a program called “Treatment Alternatives for Dually Diagnosed Defendants,” or “TADD” for short. The program was later expanded to include offenders with serious mental illness, but no substance abuse disorders.

Once a defendant is identified as mentally ill, my office reviews the facts of the case to determine program eligibility. Those believed to be appropriate candidates for treatment are referred to TASC/LINK, a not-for-profit organization with trained mental health professionals, for clinical assessment, placement, and monitoring. A severe and persistent mental illness, often accompanied by a verifiable substance abuse disorder, generally determines clinical eligibility.

Defendants who meet program criteria must plead guilty prior to entering treatment. The length and type of treatment depends on the nature of the criminal charges against the defendant and the defendant’s treatment needs. Upon successful completion of the program, the defendant’s guilty plea is vacated and the charges are dismissed. If the defendant fails out of the program, he or she is sentenced in accordance with the agreement at the time the plea was taken. Prior to entering the program, the defendant’s personal contacts are investigated to assist in the apprehension of the defendant should he or she abscond from the program.  

In 2002, the United States Department of Health and Human Services awarded my office a grant to expand TADD to serve more defendants, create a replicable program, and research and analyze what is termed the “diversion process.”

For more information, visit www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.

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