Diversion Program

CLARK COUNTY, WI DEFERRED ACCEPTANCE OF A GUILTY PLEA PROGRAM

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• PROGRAM DESCRIPTION:  Parties agree to the terms of an agreement outlining expectations, agreement length, requirements, benefits of satisfactory completion, and consequences of termination.  The court must approve the contract.

• GOAL: To minimize the risk of future criminal behavior through individualized, realistic, and achievable expectations, utilizing resources available in the community.

• PURPOSE: To allow certain offenders an opportunity to enter into a voluntary deferred agreement to perform and complete things such as counseling and treatment (DA must approve provider prior to starting treatment), or even uncompensated community service (minimum of 5 hours), as an alternative to a formal conviction.  It is the participant’s responsibility to provide evidence of compliance to the District Attorney’s office. Upon successful completion, charges or penalties will be dismissed or reduced according to the terms of the agreement. 

• ELIGIBILITY & REQUIREMENTS:

  • Participants must be 17 years of age or be waived from juvenile court jurisdiction.

  • Participants must have no or limited criminal record.

  • Fee of $200 to be paid by money order or cashier’s check prior to entering into the agreement.

  • Participants must remain compliant with all bond conditions and terms of the agreement for the duration of the program.

  • Participants must not incur new criminal charges for the duration of the agreement.

• PRE-CHARGE DEFERRMENT:  The prosecutor has the discretion to withhold filing of charges. Satisfactory completion results in formal charges not being filed.

• POST-PLEA DEFERRMENT:  After charges are filed, the prosecutor can request the court defer acceptance of a plea pending satisfactory completion of a Post-Plea Deferred Agreement. Satisfactory completion results in reduced charges or dismissal of charges.

• LENGTH:  Minimum of 12 months.

  • Based on the nature and seriousness of the offense.

  • Termination of the agreement resumes the criminal court proceeding.

• BENEFITS:  The public benefits from the reduction in re-offense, monetary restitution, community service, and savings of court resources and time. The defendant/participant benefits by receiving education, counseling, and treatment, as well as avoiding a criminal conviction.

 

Please direct inquiries and document submissions to DAClarkdiversions@da.wi.gov