Criminal Justice Coordinating Council
Start Date:
2008
Contact:
Address:
Washington Ozaukee County Public Health Department
121 W. Main Street
Madison, WI 53074
Post-charge Diversion and Deferred Prosecution Program
Description:
As identified by the CJCC, the primary target for the Deferred Prosecution project is Ozaukee County residents arrested and prosecuted for nonviolent offenses involving alcohol or other drug abuse components. Entry to this programming takes two forms. First, cases already in the system that have not reached disposition; second, post disposition cases where the sentencing court has left open the possibility of reviewing and revisiting the case at some future point. This option is up to the Court and District Attorney's Office when a misdemeanor case is being prosecuted and alcohol and/or drug use was a significant factor. An example may be a disorderly conduct violation that involved the offender when he/she was intoxicated or on drugs at the time of the offense. The term of programming for any case have a range of 6 months to one year with an average of 9 months. The primary target for programming is first time drug offenders and second OWI offenders. Qualified offenders must consent to participation. Offenders enter the Deferred Prosecution after the TAD Project Coordinator completes a screening with the offender. The completion of the screening shall trigger the signing of the deferred prosecution agreement, contingent upon the approval of the District Attorney. Ultimate discretion to offer or not offer a diversion or deferred prosecution agreement lies with the District Attorney's office. Upon notice that an individual has signed their agreement, the Project Coordinator works to schedule time to admit and orient the offender. Of particular interest to the TAD program is the assurance that the individual have a history of alcohol or drug abuse or dependence and meet all other statutory requirements of TAD participants. Qualified offenders are assessed for the appropriateness of an option to identify individuals who would benefit from the project and have a reasonable expectation of program completion and result sustainability. A client that does not agree to the plan and sanctions developed by the committee and coordinator will be denied admission to the program.
Reasons for denied admission include:
• Offenders who test positive for continued drug and/or alcohol use
• Re-offending or violation of other laws
• Non-compliance of the requirements shall result in being taken into custody as provided for by the individualized agreement.
The coordinator of the program assesses the cases that have the potential to be diverted to the Deferred Prosecution project and findings are shared with the DA's office. It is there that the decision will be made whether the case is appropriate based on the interviews and various assessment tools. Offenders who have successfully completed the program shall have the case reviewed by the sentencing court for a final review and a subject to other recommendations if necessary. At this time the court would also positively recognize the client's participation and successful completion of all sanctions. Offenders who have not successfully completed the project or who have violated any rule during the program term shall be staffed and/or immediately referred for sentencing.
Contact:
Address:
11514 N. Port Washington Rd.
Mequon, WI 53074
Pre-charge Diversion Program
Description:
"The Ozaukee County Criminal Justice Collaborating Council (CJCC) has been charged to address and implement a pre-charge/trial diversion project. The purpose of this diversion project is to give low to mid-risk level offenders the opportunity to demonstrate changes in behaviors that have led to violations of law and subsequent prosecution for those violations, particularly those with substance abuse involvement. The Treatment Alternatives and Diversion program is founded on the stated goal of developing and implementing ""alternatives to incarceration for nonviolent offenders with drug or alcohol problems"" (Van Stelle &Goodrich, 2008). Project goals include: • Reduce recidivism using the prospect of criminal conviction to promote participation in a rehabilitation process; • Reduction of jail populations by diversion of offenders to appropriate treatment and support services; • Promote public safety with a staff position that will assess, refer and monitor individuals; and • Reduce prosecution and incarceration costs by establishing a program that responds to individual comprehensive needs. The project includes the “Promising Practices in Pretrial Diversion"" that are identified by the National Association of Pretrial Services Agencies and the Federal Bureau of Justice Assistance, U.S. Department of Justice. These practices include: formalized cooperative agreements, access to counsel, due process protections, objective diversion, uniform and validated risk needs assessments, tailored individual intervention plans, graduated sanctions, privacy protection, and, independent program evaluations. This project emphasizes assessments, appropriate referral, supervision/case management, on-going substance use surveillance, relapse prevention, treatment, and sober living possibilities, employment opportunities, and avenues for family support. The service area is primarily Ozaukee County; however, convenient resources that conform to the county standards are sought for clients living in counties in the Greater Milwaukee area. As identified by the CJCC, the primary target for the project is Ozaukee County residents arrested and prosecuted for nonviolent offenses involving alcohol or other drug abuse components. Entry to this programming takes three forms; first, defendants whose cases have been referred for criminal charges but whose cases have not yet entered the system; second, cases already in the system that have not yet reached disposition; third, post disposition cases where the sentencing court has left open the possibility of reviewing and revisiting the case at some future point. The term of programming for any case have a range of 6 months to one year with an average of 9 months. The primary target for programming is first time drug offenders and second OWI offenders. GOALS AND OBJECTIVES Diversion Project Ozaukee County Diversion Project provides an assessment for low to mid-risk level offenders who meet initial criminal history, age, residency, and charge requirements and are being considered for diversion in Ozaukee County. The following specific objectives will be met by Ozaukee County Diversion Project: • Reduction in jail populations by diverting non-violent offenders to community-based alternatives, • Reduction in recidivism rates for all participants. The purpose of this diversion project is to give qualified low to mid-risk level the opportunity to demonstrate changes in behaviors that have led to violations of law and subsequent prosecution for those violations, particularly those with substance abuse involvement. "
Contact:
Address:
Starting Point
11514 N. Port Washington Rd.
Mequon, WI 53092
Alternative to Revocation Admission:
No
Medication Assisted Treatment:
No