Alternative Prosecution and Resources (PHOENIX)
The Nassau County District Attorney’s (NCDA) Office of Alternative Prosecution and Resources (PHOENIX) partners with service and treatment providers to address the needs of both crime victims and defendants whose cases are well-suited to alternative prosecution programs.
Crime victims frequently require multi-faceted support, and the NCDA’s office seeks to match victims with these important resources which frequently include therapy, school intervention, relocation assistance, among other things.
Simultaneously, the NCDA’s office has long collaborated with community partners to offer comprehensive alternative prosecution programs that seek to protect public safety and reduce incarceration costs, while offering certain offenders a second chance to become productive and law-abiding members of society. Depending on the nature of the offense, alternative programs may include drug and/or alcohol treatment, community-based program support including education, vocational and job training, and other evidence-based programs that aim to reduce recidivism and promote personal development.
Organizations and OASAS-certified treatment providers are invited to apply to partner with our office to achieve the stated objectives.
To be considered for partnership with our office, program providers must complete this service proposal application. This is the first step in a comprehensive process of organizational assessment, screening, and performance evaluation. If you require more space for your responses, please attach additional pages. However, in any attachment, please list the numbered section to which it is responsive. All proposals will be reviewed. Once your application is submitted, we will schedule an appointment for a site visit. Please contact Pamela.Kelly-Pincus@nassauda.org with any inquiries regarding the application process.
Mental Health Court
The Mental Health Court (MHC) is a dedicated court part specifically for mentally ill criminal defendants who are over 18 years of age, and reside in Nassau County.
Drug Treatment Alternative to Prison (DTAP)
If a defendant is ineligible for statutorily defined Judicial Diversion Court, but is still interested in a formal treatment mode plea, the defendant has the option to apply for the DTAP program.
DTAP does not have any statutory guidelines. Defendants are considered on a case by case basis, based on the defendant’s prior criminal history, the current charges, as well as any documentation provided by the defendant to indicate that he or she is addicted to drugs and the crimes charged where drug motivated
Misdemeanor Drug Treatment Court
This dedicated court part, considers all defendants charged with a misdemeanor and in need of intensive outpatient or inpatient substance abuse treatment
Less intensive drug treatment program dispositions are also available in the other court parts throughout District Court.
This dedicated court part considers defendant who have previously served and been discharged from any branch of the U.S. Armed Forces (including reserves). Individuals who are currently serving in the military, or who received a “bad conduct” or “dishonorable” discharge, generally may not participate in the program. Defendants are considered on a case by case basis.
This program is directed at protecting the welfare of our elder population from physical abuse and neglect. Defendants charged with an elder abuse crime are frequently members of the victim’s family with mental health and substance abuse issues who are in need of intensive treatment. This program considers defendants for treatment-mode alternative dispositions on a case by case basis. The victim’s input as well as the seriousness of the offense, history of abuse and a defendant’s prior criminal record are critical to the assessment of whether or not to allow a defendant into this program. The Elder Abuse Unit also provides support and consultation on all offenses involving an older victim.
Closer to the Crib
Closer to the Crib is an 18-month crime prevention program focused on supporting positive developmental outcomes in prenatal to five year old children of criminal offenders. The goal of the Closer to the Crib (CTTC) program is to prevent multi-generational involvement in the criminal justice system. Supporting a healthy environment and reducing the effects of toxic stress will reduce the likelihood that these children will become involved with the criminal justice system later in life. The program, run in conjunction with Adelphi University’s Institute for Parenting, offers clients Infant Mental Health treatment, Parent and Developmental guidance with video feedback and Child Parent Psychotherapy. If you have questions please call Sheryl Anania at 516-571-3573 or email Sheryl.Anania@nassauda.org
Treatment Alternative Plea Part (TAPP)
TAPP considers all defendants who have treatment or intervention needs but who are not eligible for an existing diversion program. The program accepts defendants charged with both felonies and/or misdemeanors. Defendants do not need to be Nassau County residents to be considered for this program. The TAPP population includes defendants with low IQ, developmental delays, mentally ill (but not eligible for Mental Health Court), traumatic brain injury, autism spectrum disorder.
At-risk young adults whose criminal conduct may derive from disadvantaged circumstances, peer associations, and/or education or employment deficits may be eligible for an intervention disposition on a case by case basis.
DWI Rapid Intervention, Verification, Evaluation and Rehabilitation Program (DRIVER)
DRIVER is a conditional contract disposition program for specified felony DWIs. It focuses on early and intense intervention with the goal of long-term rehabilitation of defendants and prevention of recidivism. Eligible Cases are limited to second alcohol-related driving offense resulting in a charge of felony DWI with a BAC of .12 or less, Leandra's Law offenses with teenage drivers and a teenage (child) passenger, first offense adult Leandra’s Law offenses with BACs up to and including a .12 BAC, and certain refusals on a case by case basis. This program is time sensitive and requires screening within 30 days of arraignment.
Misdemeanor DWI programs also exist for offenders 22 years old or younger. The basic 6 month program is available for drivers with BACs up to and including .12. The one year enhanced program is available to young offenders with BACs from .13 up to, and including, .16 as well as young drivers impaired by marijuana.