OWI Treatment Court

The ultimate mission of the OWI Treatment Court (OWITC) is to enhance community safety by providing targeted treatment interventions for participants.  While fostering individualized recovery and accountability through clinical guidance and structured support, OWITC targets 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 recidivism by participants by addressing underlying substance use and associated risks
• To offer OWI Treatment Court 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 negative consequences of criminal justice involvement
   

The list below gives the basic eligibility and requirement for OWITC

• Adult (Age 18 or older)
• Resident of Dane County
• Be convicted of an OWI offense that meets program eligibility, which may include:
  • OWI 2nd when assessed as moderate or high risk;
  • OWI 3rd with a BAC of .15 or higher or when assessed as moderate or high risk, and not currently or previously charged in conjunction with an OWI-related death or serious personal injury;
  • OWI 4th, subject to District Attorney review and approval, and not currently or previously charged in conjunction with an OWI-related death or serious personal injury
• Have a diagnosable alcohol use disorder as defined by DSM-5, which contributed to the impaired driving offense and requires structured treatment;
  • Co-occurring substance use disorders (e.g., opioids, stimulants, cannabis) do not preclude eligibility, provided alcohol use is also present and addressed in the participant’s Driver Safety Plan (DSP) and treatment plan.
  • Be eligible for community supervision under DOC; and
  • Be willing to comply with OWITC expectations, treatment plans, and court appearances.
     

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 an ORAS 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. 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 ORAS to evaluate reoffending risk. Eligibility is categorized as follows:

• High (24+): Eligible for OWITC
• Medium Risk (17-23): Eligible for OWITC
• Low Risk (1-16): Not eligible for OWITC.

A clinical assessment will be completed utilizing the ASI/ASAM and will be reviewed by the Mental Health/Substance Use Professional at JusticePoint who will make the clinical recommendation. 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 ORAS 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.

A status conference email will be sent by JusticePoint staff. 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 reference 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 completion of the program, they will successfully graduate and the agreed upon disposition will be imposed. If participants do not successfully complete the program, they may be terminated from the program and returned for sentencing consistent with the terms outlined in their OWITC participation agreement.

In OWITC, participants will enter a knowing and voluntary plea to charge(s) agreed to by the parties. The defendant will sign the OWITC 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. 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 OWITC or assigned trial judge.
 

For more information, please contact your attorney or OWI Treatment Court at JusticePoint: (608) 895-3865

OWI Treatment Court Documents

• OWI Participant Handbook

Program Documents

• OWI Treatment Court Application

Program Partners

• JusticePoint