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Dane County Clerk of Courts

Drug Treatment and Diversion Court Programs

Mission Statement and Goals

The mission of the Dane County Treatment Court (DCTC) and the Dane County Diversion Program (DCDP) is to enhance community safety by providing targeted treatment interventions for participants While fostering individualized recovery and accountability through clinical guidance and structured support, DCTC and DCDP target the underlying causes or unmet needs that lead to justice involvement. The program addresses substance use disorders as a root cause of criminal behavior by combining accountability with comprehensive treatment to support participants in achieving long-term recovery and reducing recidivism.

Goals

  • To reduce participant recidivism by addressing underlying substance use, mental health, and associated needs
  • To offer Drug Treatment Court/ Diversion programming equitably to all racial and ethnic groups
  • To support participants in achieving and maintaining recovery from substance use disorders through evidence-based treatment and wraparound services
  • To reduce criminal justice costs through reduced reliance on incarceration
  • To mitigate the negative consequences of criminal justice involvement

Overview of Programs

There are three programs and based on the results of the screening and risk assessment, defendants may be referred to:

  • Low risk - Deferred Prosecution Unit (DPU)
  • Medium risk - Dane County Diversion Program (DCDP)
  • High risk - Drug Court Treatment Program (DCTP)

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 serves individuals identified by Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) as having a medium recidivism risk. DCDP uses evidence-based practices to ensure that participants receive the correct amount of support, treatment, oversight for their substance use disorder, and any other resources to achieve long-term success. The nine (9) month program consists of various program requirements: attending court reviews as necessary, following treatment recommendations, case management meetings, and randomized alcohol and drug testing. This program is funded through 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. DTC uses evidence-based practices to ensure that participants receive the correct amount of support, treatment, and oversight for their substance use disorder, and any additional resources needed to achieve long-term success. As part of the program, participants attend regular court reviews, treatment recommendations, case management meetings, DOC probation agent meetings, and present for alcohol and other substance testing when requested. The twelve (12) to eighteen (18) month program consists of five phases and is presided over 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.

Eligibility Criteria

The list below gives the basic eligibility and requirements for DCDP/DCTP consideration for qualified individuals:
Felony level drug driven charge

  • The current charge must not be considered a violent charge per statute 941.291(1)(b) and involve no weapons 
  • Dane County resident and over 18 years old
  • Identified as having Substance Use Disorder (SUD) treatment need and willingness to be treated
  • Must be determined to be at moderate or high risk to reoffend as identified by their COMPAS score
  • Must agree to participate in behavioral changing programs and services

Straight Alternative to Revocation Eligibility (DCTP Only)
The potential participant shall:

  • Accept a formal Alternatives to Revocation (ATR) for a drug-driven rule violation(s) with no new felony charges
  • Currently under supervision for a felony, non-violent conviction that did not involve weapons
  • Meet the level requirement for DCTP (high risk) or DCDP (medium risk)
  • Have at least 18 months of supervision remaining on their current case
  • Be a Dane County resident

Participation Process

Application Submission and Initial Review
All individuals seeking entry into the program must submit a completed application to JusticePoint via email at DCReferral@JusticePoint.org (there is an application attached at the bottom of this page). JusticePoint staff review applications to confirm eligibility. If an application does not meet program requirements, it will be declined, and the applicant will not proceed to further assessment. The Program Coordinator or Service Director (or designee) will inform relevant parties about the application status. Eligible applicants are then scheduled for a COMPAS assessment with the JusticePoint Assessment Team to determine program eligibility.

Assessment
Eligible applicants are then scheduled for a two-part assessment, which evaluates their treatment needs and psychological and physical health requirements. For applicants under DOC supervision, the agent of record provides the COMPAS and staffing report. If an individual is in custody at Dane County Jail, JusticePoint staff coordinate with the jail liaison to complete the necessary documents and schedule assessments.

Assessments are conducted in person or via telehealth. JusticePoint administers a criminogenic risk and needs assessment using COMPAS Core to evaluate reoffending risk. Eligibility is categorized as follows:

  • High Risk (8-10): Eligible for Drug Treatment Court.
  • Medium Risk (5-7): Eligible for Diversion Program.
  • Low Risk (1-4): Referred to defense attorney for potential placement in the Prosecutorial Diversion Program (DPP-O).

A clinical assessment will be completed utilizing the Addiction Severity Index (ASI) and will be reviewed by the Mental Health/Substance Use Professional at JusticePoint who will complete the American Society of Addiction Medicine (ASAM) criteria to determine appropriate level of care and make tailored clinical recommendations. Clinical assessment is not a program eligibility requirement, but all applicants are screened for substance abuse as a condition of program eligibility. JusticePoint notifies the assigned parties of the clinical assessment and COMPAS results.

Rescheduling, No-Shows, and Failed Contacts
Applicants who miss their scheduled screenings or assessments are allowed two opportunities to reschedule. If JusticePoint staff cannot make contact within 30 days, the application is closed, and the individual must submit a new application for further consideration.

JusticePoint staff will send a status conference email. When the status conference date is set, the defendant will enter a plea (as agreed upon with the prosecutor) and sign a contract/agreement to participate in the program. To obtain the contract or agreement, please refer to the Policy & Procedure manual for the respective program. These contracts/agreements will always be sent with the status conference email.

Program Participation and Completion
Participants will attend court review sessions as scheduled, meet with case managers, submit to random drug testing, and comply with other conditions of programming.

Upon successful completion of the program, participants will successfully graduate with the agreed upon disposition imposed. If participants do not complete the program and are terminated from the program, the cases will be returned to the 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 the agreed disposition for both success and failure in the contract. 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 in 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.