Post-charge Diversion and Deferred Prosecution Program

1. The Rock County Post-Charge Diversion Program offers those who are determined to be at low risk for re-offense—based upon the results of one or more scientifically validated criminal re-offense risk assessments—and who are not excluded by criteria listed below, the opportunity to be diverted from the justice system. Diversion requires these individuals, after being arrested for a crime the Rock County District Attorney’s Office determines can be proven beyond a reasonable doubt (hereinafter referred to as the “provable charge”) and is not subject to legitimate 4th, 5th or 6th Amendment claims, meet specific program expectations and remain crime free for the term of the Diversion. All participants in the Diversion Program will be required to have the assistance of legal counsel or sign a waiver of their right to an attorney. Further, all Diversion participants will complete and sign a written Diversion Agreement. Those who successfully complete the program will earn a dismissal of their case on their record. Those who fail to meet these conditions will be prosecuted for their provable charge. 2. The Rock County Deferred Prosecution Program (DPP) is a post-charge, post-plea program that operates under the Rock County District Attorney’s office. DPP has been established to address criminogenic needs. Rock County staff will provide most of the case management and cognitive behavioral therapy (CBT) programming in-house with the exception of mental health and substance use disorder (SUD) treatment which will be referred out to community treatment providers. It offers those who are determined to be low to medium risk for re-offense, the opportunity to have their judgment of conviction deferred for their provable charge, which is not subject to legitimate 4th, 5th or 6th amendment claims, until such time as the participant has successfully demonstrated their ability to lead a pro-social, law-abiding life. The goal of completing the Deferred Prosecution Program is to ultimately have the charges dismissed. All participants will sign a Deferred Prosecution Agreement (“DPA”) and will be required to have the assistance of legal counsel or sign a waiver of their right to an attorney. No participant will be denied a DPA if they, in good faith, decline to waive a preliminary hearing or litigate a legitimate suppression motion. Those who are not successful will be returned to court to be sentenced on the offense to which they were found guilty. By virtue of the assessed risk level and/or nature of the offenses committed by program participants, a permanent record of these charges will be maintained, regardless of successful completion of the DPA. 3. The Rock County Domestic Violence Intervention Program (DVIP) is for individuals charged with domestic violence crimes. To be eligible to participate, an offender must accept responsibility for their actions and have an offer from the Assistant District Attorney (ADA) to participate. This program consists of group sessions and upon successful completion, the charges will be reduced or amended.
Heather Korth
Job Title: 
Diversion/Deferred Prosecution/DVIP Program Director
(608) 757-5626
Rock County District Attorney's Office
51 S. Main ST
Janesville, WI 53545