Melvin S. Juette, Director
215 S. Hamilton St. Room 3000
Madison, WI 53703
Ph: 608.284.6896 Fax: 608.266.5264
The Deferred Prosecution Program (DPP) is a unique program in the Dane County District Attorney’s Office that offers restorative and balanced approaches to the criminal justice system as an alternative to prosecution and incarceration. DPP operates within the parameters of criminal justice reform by providing all eligible participants a diversion option to avoid a criminal conviction.
The Deferred Prosecution Program’s success depends on our ability to engage, educate, enhance intrinsic motivation, and activate participants while supporting them in completing their Deferred Prosecution Agreement requirements. DPP respects all individuals' rights to participate in our diversion program.
DPP ensures that all participants leave more competent to function effectively in their communities by adequately assessing their risks and needs, then appropriately targeting interventions.
We commit to develop a higher degree of accountability for participants’ behaviors, increase victim empathy through restorative justice practices to repair the harm done, and strengthen community engagement through participation in regular volunteer community service.
Our program’s holistic approach incorporates the community as an integral and valued part of our efforts. We help participants access community resources, educational and professional training, and employment opportunities. We coordinate with participants and providers to facilitate treatment-related services and ensure their continuity of care. Through our efforts, we serve the best interests of participants and the community as a whole.
Upon entering Deferred Prosecution, a participant is required to sign a Deferred Prosecution Agreement. The nature and seriousness of the offense, participant risks and needs, and availability of community resources are all factors considered when determining the length, intensity, and requirements of their DPA.
A potential DPP participant:
A potential DPP participant does not have:
*The DPP Director maintains ability to make exceptions to the above eligibility requirements when compelling
circumstances exist.
DPP participants have actively engaged in volunteer community service, making a significant positive impact on their community. Volunteer community service hours are not just about making amends for past actions, they are a gateway to personal growth and development for the program participants. Participants transform their lives by connecting with their community, making new friends, and expanding their network and social skills. This experience also provides valuable educational opportunities and skills development, particularly for those with limited work experience. The communities, in turn, benefit from participants’ increased engagement and changed perspectives.
The Deferred Prosecution Program has diligently matched program participants with 501 (c)(3) Nonprofit agencies. This process ensures that the participants fulfill their volunteer community service hours meaningfully and impactfully.
A Deferred Prosecution Agreement may be terminated if the participant fails to comply with the DPA requirements. Most common examples include: when a participant denies meaningful accountability and responsibility for the original offense, provides false information, is terminated from treatment or other required programming, engages in conduct that creates probable cause to believe a crime was committed, or is determined to be no longer appropriate due to increased risk factors.
There is no cost to participate in the Deferred Prosecution Program. However, the participant is responsible for treatment, counseling, and educational program expenses. Some programs adjust rates to income levels and may accept payment in installments as long as the participant has employment or other reliable income.
A participant who is placed on probation has been found guilty by a court of law. Probation involves formal supervision by an agent of the Wisconsin Department of Corrections, following a criminal conviction. Probation, therefore, imposes numerous rules and requirements throughout the probationary sentence. This differs greatly from the information about Deferred Prosecution listed in the paragraph below. Non-compliance with probation rules and conditions may result in probation revocation and imposition of a sentence to jail or prison.
A participant in the Deferred Prosecution Program is not sentenced. In post-charge cases, a plea is routinely entered. A participant enters the program voluntarily. A participant may elect to proceed through the court process rather than participate in Deferred Prosecution when the opportunity is given to them. Supervision of participants is provided by DPP Case Managers who monitor participants’ progress in meeting Deferred Prosecution Agreement requirements.
In post-charge cases, a participant’s successful completion of the DPP program will be returned to court for a dismissal. Record of the charge will remain in the Wisconsin Circuit Court Access automated program (CCAP) for a period of two years. The dismissal will be noted and there will be no formal adjudication or conviction.
Successful completion of a Pre-charge Deferred Prosecution Agreement results in no charges being filed. In the successful completion of Post-charge Deferred Prosecution Agreements, the District Attorney’s Office agrees to dismiss or amend the charges. If a participant fails to fulfill the terms of the DPA, a Pre-charge case will be returned to the District Attorney’s Office for further action. With Post-charge failures, the case is returned to the assigned court branch. This can result in the entry of adjudication and disposition, or it can result in a re-referral to DPP.
Victims who suffer personal property and monetary loss are compensated by the participant through restitution.
Communities avoid spending tax dollars and resources on court hearings, trials, and incarceration for eligible individuals while benefiting from the decrease in recidivism, collection of restitution, and volunteer community service hours completed.
Courts, attorneys, and police benefit from diverting eligible individuals from the formal criminal justice process to focus limited resources and prioritize cases requiring traditional prosecution.
Participants gain access to a range of community resources and services, as well as the education, guidance, and support received through case management. Upon successful completion, participants benefit from avoiding a criminal conviction that may affect employment, housing, personal freedom, reputation, self-esteem, relationships, their right to vote, and future firearm privileges.
Where programs of this nature do not exist, participants receive little or no supervision and have less access to resources and services following arrest. National studies reveal the cost of handling cases through pretrial intervention programs is less than half the cost of handling similar cases in the traditional manner of prosecution.
