The Mission of the Dane County Diversion Program (DCDP) and the Dane County Drug Treatment Court Program (DCTP) is to enhance public safety through the reduction of recidivism by coordinating effective and accountable substance use disorder treatment and supportive services for participants with substance use disorders.
Goals
There are three programs. Based on the results of the screening and assessment, defendants may be assigned to:
Deferred Prosecution Unit (DPU)
The Deferred Prosecution Program (DPP) is run by the Dane County District Attorney's Office, Deferred Prosecution Unit. Eligible defendants can avoid adjudication (a criminal conviction) and sentencing by satisfying the requirements of a deferred prosecution agreement contract with the D.A.’s Office.
Dane County Diversion Program (DCDP)
The DCDP program is a new program implemented in collaboration by the Dane County Drug Court Advisory Board in collaboration with the Dane County Department of Human Services, Journey Mental Health Center, ATTIC Correctional Services, Inc. and ARC Community Services. The program was officially rolled out in 2022. This program is a medium-risk diversion program that uses evidence-based practices to ensure that participants receive the correct amount of support, treatment, and oversight for their substance use disorder. This program is funded through both WI DOJ Treatment Alternatives and Diversion (TAD) grant funds and County funding.
Dane County Drug Court Treatment Program (DCTP)
DCTP serves individuals identified by COMPAS as high recidivism risk. As part of the program, participants attend regular court reviews, treatment recommendations, case management meetings, DOC probation agent meetings, and present alcohol and other substance testing when requested. The twelve (12) to eighteen (18) month program consists of five phases and is presided by the DCTP Judge. Court reviews are held on Thursday mornings at 9:00 AM in Branch 4, Room 6D of the Dane County Courthouse.
The list below gives the basic eligibility and requirement for DCDP/DCTP consideration for qualified individuals:
Straight Alternative to Revocation Eligibility (DCTP Only)
The potential participant shall:
Screening and Assessment
If a defendant is identified at the initial appearance (IA) as a potential participant (i.e. the behavior in the criminal complaint was motivated by drug use) they will have to undergo a two-part process consisting of a short screening at the courthouse and a longer assessment at Journey Mental Health. It is not a requirement that the defendant waive the preliminary hearing to get an assessment.
Initial Appearance Screening
At the IA, if the time period for a preliminary hearing is waived, the referred case will be scheduled for a 1:00 PM Initial Screening (IS) and a 1:30 PM Status Conference on the next appropriate Monday as follows: If the IA is on a Monday or Tuesday, the Initial Screening and Status Conference will be set the following Monday. If the IA is on a Wednesday, Thursday or Friday, the IS/Status Conference will be on the second Monday following the IA.
If the time period for the preliminary hearing is not waived the case will be set for a Wednesday preliminary hearing with the commissioner. The case will also be scheduled for an Initial Screening only (not a Status Conference) for a Monday session as described above.
Journey Mental Health staff will conduct the Initial Screening and takes approximately 20 minutes. It will occur in the media viewing room of Courtroom 1A or, if the individual is in custody, in the Dane County Jail. Participants should check in with the bailiff or court aide, who will direct participants to the media viewing room. Screening scores will be immediately available to the defendant, defense counsel, and/or the prosecutor.
If the defendant does not have legal counsel at the Status Conference, the Initial Screening can still take place. After the screening is completed and if found eligible for the drug court assessment, the defendant will be instructed to obtain counsel. The assessment appointment will not be scheduled until counsel is obtained. If counsel does not approve of the initial assessment, it will not occur, and normal case processing ensues.
Clinical Assessment
The clinical assessment is conducted via phone with Journey Mental Health Center, Inc., 25 Kessel Court, Madison WI, (608) 280-2652. A risk and needs assessment will be conducted, using COMPAS and other assessment tools. The appointment lasts approximately 1.5 hours. The risk score that determines which programs the individual is eligible.
If the defendant does not appear for the assessment appointment, a two-time chance for a rescheduled appointment shall be allowed by Journey. At Journey’s discretion, additional appointments may be offered. If a defendant fails to attend multiple appointments, Journey shall request that the court set the matter for a status conference. Journey will reschedule another appointment after verification is received that Judge has requested the individual continue with the drug court assessment process. If defendant fails to appear for this hearing a bench warrant will be issued. Continued eligibility for diversion programming will be determined by the court when the bench warrant issue is resolved.
A status conference email will be sent by Journey Mental Health. When the status conference date is set, the defendant will enter a plea, as agreed to with the prosecutor, sign a contract/agreement to participate in the program. To obtain the contract or agreement please contact the scheduling coordinator at Journey Mental Health. These contracts/agreements will always be sent with the status conference email.
Program Participation and Completion
Participants will attend court review sessions, meet with case manager, submit to random drug testing, and comply with other conditions of contract, receive sanctions or rewards.
Upon completion of the program, they will successfully graduate with agreed to disposition imposed or fail and be terminated from program and be returned to original trial judge for sentencing.
In general, successful completion of DPU will result in the dismissal of charges. In DCDP participants will enter a knowing and voluntary plea to charge(s) agreed to by the parties. A judgment of conviction will often not be entered. The defendant will sign the DCDP contract. The parties will specify in the contract the agreed disposition for both success and failure. Failure to comply with the contract must result in an agreed term of incarceration. Success will often result in the avoidance of felony convictions, or any conviction. Successful completion of DCTP will result the avoidance of a prison sentence. Individual case situations will vary. If the prosecutor and defense attorney are not in agreement with admission, the matter will be referred as part of an argued sentencing hearing before the DCTP or assigned trial judge.
