The defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and was sentenced to one year in jail. The defendant has moved to have the court set aside his sentence. A hearing on the defendant’s motion was held.
The court has presided over Manhattan Treatment Court (MTC) and Drug Treatment Alternative Program (D-TAP) cases since 1998. MTC is a drug treatment program administered by the court as an alternative to incarceration offered to drug possession addicted first time felony offenders which, if successfully completed, results in dismissal of the defendant’s case. Successful completion requires that the defendant be drug free for 12 months, follow the rules and regulations of MTC, and satisfactorily complete an independent drug treatment program. If a defendant fails to successfully complete the program, the defendant is sentenced to one year in jail. Toxicology tests are used by this court and treatment courts throughout the nation to monitor defendants. The defendants are rewarded when their toxicology tests are negative, indicating that they have maintained their sobriety and sanctioned when their toxicologies are positive, indicating that they have relapsed. The defendants entering MTC are told that they control their fate. The court tries to do everything in its power to assist the defendant to deal with his or her addiction. To that end MTC tries to individualize its treatment of the defendants while maintaining a series of graduated sanctions and rewards. The defendants know what is required of them to successfully complete treatment.