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During each phase, the client shall participate in any
treatment and comply with any conditions imposed by
the Department.
DIFFERENCES
One major change from SIP to SDTP is that once
a client is certified as having successfully completed
the program by the Department, the entire term of
confinement shall be deemed to have been served. In
other words, the client will not have any additional
supervision to complete.
Another change regards the consequence for being
expelled from the program. Now, instead of being
resentenced by the original sentencing judge, the client
will revert to the original sentence and shall be housed in
a state correctional institution to serve the remainder of
the sentence. A client expelled from the program shall be
eligible for parole at the minimum sentence but may not
be eligible for Short Sentence Parole.
Previously, a client hoping to get SIP would have to
enter into an open guilty plea and then be subject to resentencing
by the original sentencing judge if they failed
to complete the Program.
ADVISING CLIENTS
Because SDTP is automatically triggered by sentencing
and is no longer a sentencing alternative, there are
likely no longer any implications of ineffectiveness
should you fail to advise your client of this particular
program. However, it is wise to be aware of the program
and its parameters while involved in plea negotiations,
particularly for clients with severe addiction issues who
may be facing their first time with a state prison sentence.
SDTP has taken the decision-making process out of
the hands of counsel and placed it in the hands of the
Department of Corrections with a uniform, objective
threshold for assessment. By administering this new
program so widely, the Department can help reduce
recidivism and increase access to treatment for those
who truly need it. If a client is facing multiple DUI or
drug-related charges or their first exposure to state
incarceration, it is best to consult with experienced
criminal defense counsel to thoroughly review all
options.
Attorney Kelly A. Jurs is a dedicated legal advocate who practices
in Criminal Defense and Family Law at Gawthrop Greenwood,
PC. Contact Kelly at kjurs@gawthrop.com or 610-696-8225.
https://gawthrop.com
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New Matter | 21
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ChesterNewMatter4thQtr2021

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