“Overdose Avoidance And Recovery” Diversion Program Aims To End
Cycle Of Substance Abuse And Arrest;
Court Opened Eight Weeks Ago, 52 Defendants in Treatment
Bronx District Attorney Darcel D. Clark and Bronx County Criminal Court Supervising
Judge George A. Grasso today announced the first court-based program of its kind in New York
City to offer treatment in lieu of incarceration for offenders with substance abuse, in an effort to
combat the opioid crisis in the Bronx.
District Attorney Clark said, “The Overdose Avoidance and Recovery (OAR) program
is an innovative tool for confronting a scourge that has ravaged the Bronx far too long and
ruined hundreds of lives. Last year, our borough had the second highest rate of opioid
overdose deaths in the state. My Office has a duty to stem this health crisis by addressing
defendants who cycle through the criminal justice system because of crimes fueled by drug
abuse.
“I’m proud to introduce the City’s first such drug diversion program which will operate
in newly established Bronx court parts. I want to thank Chief Administrative Judge Lawrence
K. Marks, Judge Grasso, Bronx Community Solutions and the defense bar for their support
and assistance in fighting this public health crisis by establishing this pioneering court. OAR
will save and reshape lives.”
Judge Grasso said, “The OAR track is an important Criminal Court innovation that will
save lives. OAR is not about ‘crime and punishment,’ but about ‘compassion and recovery.’
Individuals placed on the OAR track are provided with the network of support and services they
need to overcome the deadly disease of addiction and avoid becoming another tragic statistic.
This focused, collaborative effort by the Criminal Court in partnership with the District Attorney, defense bar and Bronx Community Solutions provides an immediate response to an
at-risk individual that was previously lacking in the criminal justice system. I am proud to be
part of it.”
District Attorney Clark said her Alternatives to Incarceration Bureau and other trained
Assistant District Attorneys will offer defendants charged with seventh-degree Criminal
Possession of a Controlled Substance (NY Penal Law 220.03) the opportunity to take part in
OAR. In addition to linking defendants with intensive treatment, Bronx Community Solutions
will offer job training, housing and other needed services.
Those who are assessed as high-risk of overdose and accept the program will have their
cases adjourned to one of two specialized drug court parts presided over by Judge Grasso and
Criminal Court Judge Linda Poust-Lopez, with prosecution of the case withdrawn pending the
OAR outcome.
Participants who meaningfully engage in and fulfill treatment will, upon consent of the
Court, have their cases dismissed and sealed, eliminating the burden of a criminal record.
There are no penalties for defendants who forego the use of OAR and their cases will move
ahead in the criminal court process.
District Attorney Clark said her Office began planning OAR in May, 2017 with the goal
of reducing the number of individuals with opioid addiction from entering the criminal justice
system and stemming overdoses in the Bronx.
According to data, from January 2013 to July 2017, 879 people died of opioid use in the
Bronx, and 551 of those people had prior involvement with the criminal justice system in the
Bronx, for an average of 8.9 arrests each. The most frequent top charge was NYPL 220.03.
The OAR program began on December 4, 2017, and has screened 250 cases, out of
which 176 were eligible for OAR, and 52 defendants entered the program. The Bronx District
Attorney’s Alternatives to Incarceration Bureau is overseeing the initiative, with the assistance
of the Trial Division and the Complaint Room/Arraignments Bureau.
