Once the client is determined competent, his or her program enrollment would occur at the point of a Court ordered Plea agreement, including the following five components:
- A plea of guilty to the agreed upon charge(s), with sentencing adjourned until either: completion of the mandated ATI residential treatment phase or early discharge from the ATI;
- Issuance by the Judge of an unsecured surety bond as a condition of the Plea andrelease to the ATI, to be enforced by a bond agent employed by Hope House;
- A commitment by the Court to a sentence requiring no further incarceration upon successful completion of the ATI program, but could include a period of post re-lease supervision, including, where appropriate, an agreement for term of probation;
- A stated sentence of incarceration that will be imposed if the client fails to successfully complete the program, which sentence will be no greater than that which would have been imposed in the absence of program participation; and
- A commitment that, should the client be unable to successfully complete the ATI program, the sentence that the client receives will be reduced by one day for each day that the client spent in treatment, since treatment will have been provided in asecure facility.
In some instances, the client will be facing a mandatory sentence of incarceration based upon the level of his or her felony charge or because of prior felony convictions.
Intake of such cases will require the district attorney to reduce the charge to which the client pleads guilty to one for which a non-custodial sentence is legally permissible.
In the alternative, if the district attorney is unwilling to reduce the charge(s) at the intake or plea stage prior to seeing how the client will participate in Hope House’s services, intake will require an agreement by the district attorney, on the record, that upon successful program completion, the client will be able to withdraw his plea to the felony requiring mandatory incarceration and enter a plea either to a felony that allows imposition of a non-prison sentence or to a misdemeanor, should dismissal of all charges not be deemed appropriate.