From Diversion Experiment to Policy Movement: A Case Study of Prosecutorial Innovation

• NCJ Number: 215788
• Journal: Journal of Contemporary Criminal Justice Volume: 22 Issue: 3 Dated: August 2006 Pages: 220-240
• Author(s): Hung-En Sung; Steven Belenko
• Date Published: August 2006
• Length: 21 pages
• Sponsoring Agency: National Science Foundation; American Sociological Assoc
• Publication Format: Article
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America

Annotation

This is a case study of a New York-based, prosecutor-led program that diverts repeat felony drug offenders from prison to residential treatment.

Abstract

The program, entitled the Drug Treatment Alternative-to-Prison (DTAP), was initiated by the Kings County (Brooklyn) District Attorney's Office (KCDA). This analysis of the DTAP program documents the process by which the medical model of drug addiction was revived in the midst of a severe drug epidemic in the county. The KCDA first changed the procedures for the local adjudication of serious drug cases to reflect the view that drug addiction is a medical problem that requires treatment rather than punishment as the primary strategy for addressing it. At the initial planning stage, Brooklyn prosecutors focused on securing funding; establishing procedures and protocols; and gaining the support of judges, defense attorneys, and probation and parole boards. These interactions across agencies and personnel ensured that open and frank discussions would not only ensure support for the program but also make clear what was expected from each party in implementing the DTAP strategy. DTAP began its operations as a deferred prosecution program on October 15, 1990. It targeted adult defendants arrested for felony, undercover, "buy-and-bust" drug offenses who had been previously convicted of a nonviolent felony. Defendants entered residential treatment for 18-24 months. A defendant who failed to cooperate in treatment risked the continuation of the prosecution, which could result in a prison sentence upon conviction. As a consequence of the demonstrated success of the DTAP program, the KCDA has rallied bipartisan support for its strategy at the Federal level. Efforts are underway in the U.S. Congress to encourage State and local prosecutors to establish drug treatment options for nonviolent drug offenders. 6 notes and 93 references