Deferred Prosecution Program

DPP has and will continue to accept persons with prior convictions. Here are the general parameters:

• Accepts meaningful responsibility for offense behavior whether Pre or Post-charge. If Post-charge, accepts responsibility for which guilty plea has been entered.
• Not on supervision or under deferred agreement elsewhere.
• No pending or open matters filed or under review.
• Voluntary participation.
• Have no prior convictions for less than 5 years prior to referring offense (except delinquency, adjudications, low-level non-assaultive misdemeanors, or OWI 1st & 2nd).
• No prior probation, parole, extended supervision or DPP participation for less than 5 years prior to referring offense (except juvenile supervision & informal probation / conditional discharge out of state probation terms).
• No repeat domestic violence or family violence offenses.
• No similar conduct.
• Prior DPP clients who were returned to court for failure to comply are reviewed on a case by case basis.
• Director reviews juvenile history to assess risk.
• Director maintains ability to make exceptions to the above eligibility requirements when compelling circumstances exist.

In determining specific contract terms with cooperative offenders, DPP staff aim to create achievable, realistic goals to improve public safety and allow offenders to make positive changes in their lives. The nature and seriousness of the offense, defendant risks and needs, as well as availability of community resources, are all factors considered when determining the length of the contract. Terms of the Contracts range in length from 9 to 36 months. The length of the contract is determined after the initial intake by the assigned counselor based on the above risk factors of each individual.

There is no cost to participate in the Deferred Prosecution Program. However, treatment, counseling, and educational program expenses are the defendant’s responsibility. Some programs adjust rates to income levels and may accept payment in installments as long as the defendant has employment or other reliable income.

A deferred prosecution contract may be terminated if the defendant fails to comply with contract requirements. Most Common examples of this is include: when a participant is terminated from treatment or other required programming before successful completion, arrested or charged with new illegal behavior proven to a level of probability, otherwise determined to be no longer appropriate due to increased risk factors, or providing false information or denying guilt for the original offense.

A defendant 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 revocation of probation and imposition of a sentence to jail or prison. 

A defendant in the deferred prosecution program is not sentenced. In post-charge cases, a plea is routinely entered. A defendant enters the program voluntarily. A defendant may elect to continue to proceed through the court process rather than participate in deferred prosecution when the opportunity is given to them. Supervision of defendants is provided by DPP counselors who monitor defendants’ progress in meeting contract requirements during scheduled “check-ins.”

In post-charge cases, a defendant’s successful completion of the DPP program will be returned to court for a dismissal in most cases. Record of the charge will remain in the Wisconsin Circuit Court Access automated program (CCAP) for a period of two years, but the dismissal will be noted and there will be no formal adjudication or conviction.

Victims who suffer personal property and monetary loss are compensated by the offender through restitution or community service, and both victims and the public have the benefit of the offender’s acknowledgment of guilt in a court of law.

Courts, attorneys, and police benefit from the reduction in resources and time spent in court for pretrial conferences, hearings, and trials.

Taxpayers and the public generally benefit by lessened stress upon law enforcement, prosecutors, public defenders, courts, and correctional agencies. In addition, a successful outcome lessens the chance of repeat criminal conduct.

Defendants benefit from the opportunity to avoid acquiring a criminal conviction that may affect employment, housing, personal freedom, reputation, self-esteem, relationships, as well as the right to vote and future firearm privileges.

Where programs of this nature do not exist, defendants receive little or no supervision and they have less access to resources and services the 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.

To reference the referral process, please see our DPP Flow Chart.

• Provide an opportunity for eligible caregivers to participate in an alternative to the formal criminal justice response following an incident of physical abuse of a child as the result of excessive corporal punishment.
• Integrate parenting programs that strive to reduce the number of children who are abused by the excessive use of corporal punishment by replacing current discipline practices with positive parenting methods.
• Offer parents/defendants and children services in a timely, culturally responsive, and systems coordinated manner.
• Strive to offer all participants services that will promote positive change and are appropriate to their needs, abilities, goals, history, and offense.
• Eliminate the use of corporal punishment/physical discipline by all participants.
• Provide professional training opportunities regarding strategies to end violent parenting and efforts to improve cultural competency.
• Engage the community in a discussion that explores non-violent parenting practices.

• Any caregiver who has committed an act of intentional physical abuse to a child within the context of excessive physical punishment including caregivers who perceive corporal punishment as an acceptable form of discipline within their culture.
• Any caregiver who demonstrates willingness to participate in recommended services – which may include parenting, mental health treatment, and/or AODA treatment if there is a history of substance abuse issues.
• Any caregiver who verbalizes recognition/admission that they utilized corporal punishment which resulted in physical abuse and verbalizes willingness to address the contributing factors and the effects of their actions.
• Any caregiver who is working cooperatively with law enforcement and the Department of Human Services.
• Any caregiver who lacks recent criminal behavior (within 1-5 years).
• Any caregiver who is not under jurisdiction with another agency.
• To reference the referral process, please see our DPP-CAI Flow Chart.
• To read more about this initiative, please click here.

• SOAQ (pdf)
• TCUDS-V (pdf)
• DPP-O Welcome Letter (pdf)