What pretrial diversion or drug court programs exist in Wisconsin?
Wisconsin funds specialty courts through the TAD program and uses DA-driven deferred prosecution.
1. Pretrial Intervention / Diversion (DA-Run). Wisconsin DAs use deferred prosecution agreements (DPAs); no general state statute, derived from prosecutorial discretion. Some are funded under TAD grants. Conditions: treatment, restitution, no new offenses. Completion = dismissal or reduced charge.
2. Statutory Deferred Adjudication / Judicial Diversion. Wis. Stat. § 971.39 authorizes deferred prosecution in counties under 100,000 with court approval. Otherwise judicial diversion is informal. Wis. Stat. § 973.015 (expunction) allows under-25 defendants to receive expunction upon successful completion of sentence (must be ordered at sentencing).
3. Drug Court / Treatment Court. Wis. Stat. § 165.95 establishes Treatment Alternatives and Diversion (TAD) grants funding drug, OWI, hybrid, veterans, and mental health courts; 70+ statewide.
4. Veterans Treatment Court. TAD-funded under § 165.95; first opened in Rock County 2009.
5. Mental Health Court. TAD-funded; coordinates with DHS.
6. OWI Court. TAD-funded; ignition interlock under Wis. Stat. § 343.301.
7. Youthful Offender / Juvenile. Juveniles under Ch. 938; no separate young-adult diversion statute beyond § 973.015 expunction.
8. First-Time-Offender Statute. Expunction under § 973.015 (under 25, no Class H felonies with mandatory minimums); pardon under § 304.10.
9. Effects. Diversion completion = dismissal. § 973.015 expunction destroys court records but not arrest records. Federal databases not erased.
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; EDWI and WDWI operate PTD.
This is legal information, not legal advice.
- You are under 25 and need expunction ordered at sentencing under § 973.015
- You face an OWI third or above and want admission to a TAD-funded OWI court
- You want to negotiate a DPA in a county without statutory deferred prosecution
- Wis. Stat. § 971.39
- Wis. Stat. § 973.015
- Wis. Stat. § 165.95
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.