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Suffolk County


FAILURE TO COMPLETE PROGRAM: BREAK-OUT

Failure to complete the treatment program will result in a previously agreed upon alternate sentence or "break-out."

Should the treatment team determine that a defendant is unable to successfully continue in the treatment program for reasons other than those enumerated below, the treatment team may request that a defendant be sentenced to his/her break-out sentence. In that event, a defendant is entitled to a hearing on the question as to whether he/she may continue in the treatment program.

Should the defendant, after a good-faith effort at treatment and rehabilitation, be unwilling to continue in the treatment program he/she may request that the break-out sentence be imposed.

A new arrest may result in immediate termination from the treatment program and imposition of the break-out sentence.

Should the treatment team determine that a defendant is unable to continue in the program due to medical, psychological, or other conditions which were not known at the time of the agreement, the defendant will be allowed to withdraw his/her guilty plea, and the case will be transferred to a regular trial part for disposition.