STATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT. Defendant.

Transcription

1 STATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT THE PEOPLE OF THE STATE OF NEW YORK against CONTRACT JOHN DOE., Defendant. I, JOHN DOE, agree to enter the Allegany County Drug Treatment Court (ACDTC) Program and agree to the following terms: PLEA AND WAIVER 1. I plead guilty to: XXXXXXXXXXXXXXXXXXXXXX. 2. The maximum legal sentence is: XXXXXXXXXXXXXXXXX. 3. After consulting with my attorney I voluntarily waive the following: a) my constitutional and statutory rights to a speedy trial or hearing and sentencing; b) service by the People of a CPL notice and a Notice of Alibi; c) the right to pursue any pending or possible motions; d) the right to a pre-sentence investigation prior to sentencing, and, e) the right to appeal both my conviction and sentence. 4. If I do not successfully complete the ACDTC Program, the maximum sentence I may receive is: XXXXXXXXXXXXXXXXXXXXXX. Any time that I spend in treatment will not be credited toward this sentence. 5. I enter the ACDTC Program because I have a severe substance abuse and/or alcohol problem and because close supervision and treatment through the ACDTC Program can assist me in achieving and maintaining a drug free life.

2 CONDITIONS FOR PARTICIPATION IN ACDTC 6. I must obtain a substance abuse evaluation from a counselor or counseling agency approved by the ACDTC team. I authorize release of the results of the evaluation to ACDTC, the District Attorney, my attorney and my treatment provider as members of the ACDTC team. The ACDTC team will make the final decision about which treatment program is appropriate for me based on my needs and the strengths of each program. 7. I will sign all releases necessary for the treatment program or counseling agency to communicate with the ACDTC and/or my treatment provider and treatment team. 8. I must pay all required treatment fees reasonably within my means if so directed by the ACDTC. 9. I must participate in any approved treatment or programs as directed by the ACDTC and provide verification of my participation when requested by the ACDTC or my treatment provider. 10. I will not possess or use any alcoholic beverages or other drugs, legal or illegal, without a verifiable prescription from a physician. 11. I will submit to periodic testing designed to detect the use of alcohol and/or drugs. ACDTC, treatment personnel, my treatment provider or someone under their direction may administer these tests, including but not limited to a probation officer, police officer or parole officer. 12. I will be truthful and notify ACDTC, treatment personnel and my treatment provider in the event that I have possessed or used alcohol or drugs. I may have my treatment plan revised or I may be sanctioned or terminated for drug or alcohol possession or use. My statements regarding personal drug and alcohol use made in connection with ACDTC will not be used against me in any separate criminal prosecution. 13. I will return to the ACDTC as ordered by the Judge. I must keep all of my Court dates and appointments with treatment providers or education/employment/mental health counselors. 14. I will report to my treatment provider or treatment personnel as directed by the ACDTC or my treatment provider.

3 15. I will keep all treatment providers and the ACDTC advised of my current address at all times during my participation in the program. 16. I must report any new arrest to my treatment provider and the ACDTC. If such arrest is based upon probable cause, it may be grounds for terminating me from the program in the discretion of the ACDTC. 17. The Judge alone, after a hearing, will determine whether or not I have complied with or failed any of the terms of this agreement. The Judge will also determine whether I am ready for graduation. 18. If I violate any terms of this contract, the Judge may impose a sanction in his discretion, including but not limited to the following: a) In-Court admonishment; b) Additional treatment; c) Additional ACDTC appearances; d) More intensive supervision; e) Extension of the time period in the ACDTC; f) Community service; g) Written assignments; h) A period of incarceration; or, i) Termination from the ACDTC Program and sentencing on the most serious conviction. 19. The following may result in termination from the ACDTC Program: a) Failure to keep scheduled ACDTC appearances; b) Failure to satisfy the requirements of the treatment plan; c) positive drug tests; d) lateness or absences from drug testing, treatment sessions or required support meetings; e) any incident of violence; f) a new arrest or conviction; g) any violation of any direction of the ACDTC; h) revocation of consents for release of drug treatment information, or i) any violation of the terms of this contract.

4 20. If I successfully complete the ACDTC Program, the charges against me will be disposed of as follows: XXXXXXXXXXXXXXXXXXXXXXXXXX. 21. If I successfully complete the ACDTC Program, I will receive a sentence of: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. 22. I must pay restitution in the amount of: $XXXXXXXX. Full payment is required prior to graduation if reasonably within my ability as determined by the Judge. 23. Any contested factual issue regarding my termination from the program will be resolved by the ACDTC at a hearing pursuant to the procedures set forth in CPL (Hearing on Violation of Sentence of Probation). 24. Any information obtained through the attached release form will be restricted to the immediate ACDTC team and will not be made available to other law enforcement agencies or prosecutors. 25. Information disclosed during the eligibility screening and assessment process may not be used for purposes of prosecution. 26. If I successfully complete the ACDTC Program, a graduation ceremony may be held which will be open to the public and the media. I will notify the ACDTC team if I do not wish to participate. 27. An ACDTC team representative may make unannounced home visits. 28. The staff of the ACDTC, which may include the Judge presiding over my case, will be discussing my progress and participation in the ACDTC Program at regularly scheduled meetings, and such meetings may include my substance abuse treatment provider. Although my attorney is invited to these meetings he/she may or may not attend them in his or her discretion. Any non-appearance by my attorney at a meeting shall be deemed a waiver of his or her participation for that particular meeting. Communications during these meetings may take place in my absence and that of my attorney and the Judge may consider such communications. 29. I agree to be placed on interim probation until my graduation from the ACDTC Program, even if the period of probation exceeds one year. 30. The standard conditions of Interim Supervision Probation Supervision for Drug Court in Allegany County, which may include a period of Electronic Home Monitoring, will be in effect during my drug court participation.

5 I have read and fully understand the above agreement and execute it on my own free will. No threat or promise of any kind has been made to me by anyone, except as set forth herein., 2005 JOHN DOE. Defendant I hereby certify that I am attorney of record for JOHN DOE., the above-named defendant, and that I have explained to JOHN DOE. his rights and that he has freely and knowingly executed the foregoing waivers. I have no reason to believe that my client is incapable of understanding the plea of guilty, the waivers of release of confidential information, or the terms and conditions of this contract. XXXXXXXXXXXXXXXXX Defense Counsel We agree to the terms of this agreement. Terrence M. Parker District Attorney HON. THOMAS P. BROWN Allegany County Judge Dated:, 2005