Post-charge Diversion and Deferred Prosecution Program

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.
Kerry Young
Job Title: 
TAD Coordinator
(262) 241-1004
11514 N. Port Washington Rd.
Mequon, WI 53074