By offering people the support and resources they need to find a better path, Manhattan’s Felony Alternative to Incarceration Court is working to build a safer New York for us all.
Jessie, a 57-year-old Black man from the Bronx, was incarcerated on Rikers Island when he found himself at a crossroads—accept a prison sentence, or try something out of the ordinary. It felt like a leap of faith.
“I just had to put my trust in something,” he said.
That something was Manhattan’s Felony Alternative to Incarceration (ATI) Court, a special court program where he would have a chance to resolve his case in the community instead of behind bars. Agreeing to participate would mean pleading guilty to a felony and committing to a rigorous treatment plan under the Court’s supervision; if he finished the program, he would face no prison time, and his charges would be reduced or even dismissed.
“I gave them a shot and they gave me a shot, which turned my whole life around.”
The idea behind Manhattan’s Felony ATI Court is simple: what if the justice system could help people address the core life issues that led to an arrest in order to prevent it from happening again? Programs that aim to do that for people charged with low-level offenses, or with clear-cut mental health or substance use needs, have demonstrated success across the country. But unlike most of those programs, the Felony ATI Court—an initiative of New York County Supreme Court, Criminal Term—has no charge- or need-based eligibility criteria. That means it doesn’t exclude people facing charges involving violence and dealing with more complex needs from consideration.
The Felony ATI Court is built on the premise that this broad scope is crucial to achieving lasting public safety. Behind many serious crimes are deeply human problems: trauma, struggles with substance use, mental illness, trouble finding work, and more. 94 percent of people accepted into the Court need help in more than one of those areas. By linking participants to help in their communities under careful monitoring, the Court holds people accountable in a way that sets them up for better lives and reduces the likelihood of recidivism.
Spearheaded and led by Judge Ellen Biben, the Felony ATI Court is a collaborative effort. The Manhattan District Attorney’s Office reviews every felony case to determine whether someone can be safely supported in the community. Prosecutors from the Office of the Special Narcotics Prosecutor also review and refer appropriate cases within their jurisdiction. Defense attorneys advocate for their clients and coordinate with prosecutors to make sure the right cases are referred for services.
The Center’s role in the process starts with a clinical assessment, where social workers from our Manhattan Justice Opportunities team speak with each person to determine their unique needs and make tailored service recommendations. Those services aim at an overarching goal: to help people build stability and avoid further contact with the system.
A case manager from the Center supports each person throughout their time in the Felony ATI Court, connecting them to the resources they need and reporting back to the court on their engagement. The Court, prosecutors, and defense attorneys provide ongoing monitoring to hold participants accountable for keeping up with their mandates and to offer additional support when needed.
Though many people in the criminal justice system face a common set of challenges, the path to stability looks different for everyone. Offering a wide range of services is key to setting people up for success. The Felony ATI Court partners with more than 200 service providers across New York City and adjacent counties, connecting people to everything from counseling sessions to GED classes to job support, and more.
For Jessie, the program meant an opportunity to get substance use and mental health treatment, go to support groups, find a meaningful job, and get his own apartment. It was hard work, but its rewards went far beyond avoiding prison.
Another graduate, Jose, completed his court mandate at 22 years old with a paid apprenticeship and a path to a stable career. In addition to finding economic security, he says he was able to rekindle his sense of purpose.
“I have siblings, so I got to live for them and make sure I'm the best role model they could ever see.”
The Felony ATI Court has expanded over the past five years, bringing this approach—meeting each person with care, compassion, and opportunities for positive change—to scale. There are currently over 400 people in the Court, getting access to services they might have never had a chance to receive. That’s, in large part, thanks to the support of the Manhattan District Attorney’s Office, which has provided more than $6 million in funding to launch and grow the initiative. The Court’s expansion has also been supported by funding from the Office of the Special Narcotics Prosecutor.
Since its launch in 2019 to date, 274 people have graduated from the Felony ATI Court better equipped to lead safe, responsible lives in their communities. Of that group, 95 percent were able to graduate without a felony conviction, avoiding the myriad barriers that come with a serious criminal record and make it harder to find a better path for themselves. The Court has also helped people make countless positive changes: stable homes and jobs, recovery from addiction, and long-overdue care for unmet needs—all of which reduce the likelihood of reoffending.
“It didn’t come overnight,” said Jessie. “It came with the willpower in me. But now my life has a few great things that I didn't have before, that I never thought I could have.”
It takes care and attention to see the person behind each casefile, looking for an opportunity to change their life and willing to work hard to do so. That care and attention is the hallmark of Manhattan’s Felony ATI Court. One day at a time, it gives people the support and guidance they need to repair their lives. And it can build a safer New York for us all in the process.