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Program Description
The Drug Treatment Alternative-to-Prison (DTAP)
program created by District Attorney Charles J.
Hynes is now nearing the end of its second decade.
In 1989, the explosion of crack-cocaine use
and the growing demand for heroin besieged
Brooklyn’s most disadvantaged neighborhoods.
In that year, a record number of 12,732
felony drug arrests were made in Brooklyn.
But by 2009, the number had decreased
nearly
54 percent, to 6,897.[5]
What happened during these years?
A number of factors have caused the drop in
felony drug offenses.
This report is about one of those factors:
DTAP.
A.1. Program Description
DTAP was established in 1990, to divert
substance-abusing, nonviolent, repeat felony
offenders into treatment.
Defendants in DTAP’s target population face
mandatory prison sentences under New York State law
if convicted of their charged crimes.[6]
Thus, all those screened, whether ultimately
placed in DTAP or not, and all those who fail
treatment, face substantial periods of incarceration
as the alternative to treatment.
Defendants accepted into DTAP plead guilty to a
felony charge and have their sentence deferred while
they undergo 15-24 months of rigorous, intensive
residential drug treatment followed by after-care.
Those who successfully complete DTAP return
to court to withdraw their guilty plea and have the
charges dismissed.
Employment assistance is provided to
graduates upon reentry into the community and is
available to them on a long-term basis.
DTAP graduates are encouraged to become
members of the DTAP Alumni Association, which serves
as a support network to address graduates’ ongoing
needs.
Since DTAP’s inception in October 1990, 7,864
nonviolent felony offenders have been screened, of
whom 4,974 (63%)
have refused to participate or have been rejected
and 2,890 (37%)
have been placed into treatment (see Figure 1).
Of those who were accepted by the program and
entered treatment,
1,250
(43%) have graduated; 354 (12%) are currently in
treatment; 46 (2%) have been transferred to “TADD,”
a diversion program dedicated to mentally ill
defendants with a concurrent substance abuse
disorder (see discussion, infra, at pp.22-23);
and 1,240 (43%)
have dropped out of treatment.[7]
Summary of DTAP Operations: October 15, 1990
to October 14, 2010
DTAP was established in 1990, to divert
substance-abusing, nonviolent, repeat felony
offenders into treatment.
Defendants in DTAP’s target
population face mandatory prison sentences
under New York State law if convicted of
their charged crimes.[6]
Thus, all those screened, whether
ultimately placed in DTAP or not, and all
those who fail treatment, face substantial
periods of incarceration as the alternative
to treatment.
Defendants accepted into DTAP plead guilty
to a felony charge and have their sentence
deferred while they undergo 15-24 months of
rigorous, intensive residential drug
treatment followed by after-care.
Those who successfully complete DTAP
return to court to withdraw their guilty
plea and have the charges dismissed.
Employment assistance is provided to
graduates upon reentry into the community
and is available to them on a long-term
basis.
DTAP graduates are encouraged to
become members of the DTAP Alumni
Association, which serves as a support
network to address graduates’ ongoing needs.
Since DTAP’s inception in October 1990,
7,864 nonviolent felony offenders have been
screened, of whom 4,974 (63%)
have refused to participate or have been
rejected and 2,890 (37%)
have been placed into treatment (see Figure
1).
Of those who were accepted by the
program and entered treatment,
1,250
(43%) have graduated; 354 (12%) are
currently in treatment; 46 (2%) have been
transferred to “TADD,” a diversion program
dedicated to mentally ill defendants with a
concurrent substance abuse disorder (see
discussion, infra, at pp.22-23);
and 1,240 (43%)
have dropped out of treatment.[2]
Summary of DTAP Operations: October 15, 1990
to October 14, 2010
[5]
NYS Division of Criminal
Justice Services, Computerized Criminal History
Database.
Available at
http://www.criminaljustice.state.ny.us.
[6]
In April 2009, the so called
Rockefeller Drug Laws were revised
to remove the mandatory minimum
sentences. This change allows judges
to sentence their victims to
treatment or to short sentences.
Also, the sentencing was made
retroactive, which allows more than
1000 imprisoned convicts to apply to
a court to resentence and possibly
release them.
[7]
Percentages do not add up to 100
because of rounding.
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