The Dane County Day Report and Treatment Program (DART) is a very small pre-trial, bail monitoring program for drug abusing offenders. This program has very limited funding and less than five slots are usually available for treatment. Consequently, requests for possible admission into the DART program should made to the Court Commissioner. Referrals are made to the Clinical Assessment Unit of the Journey Mental Health Center for a screening to assess eligibility, presence and severity of a drug problem and any co-occurring mental health problem, County residency, and interest in participation. Those individuals not screened out undergo a criminal risk assessment (LSI-R) and a comprehensive assessment—including review of the criminal complaint, criminal history and collateral contacts-- to determine treatment, case management, monitoring, surveillance and supportive service needs. The Clinical Assessment Unit is responsible for coordination of all cases and will function as liaison to the Court. This program is not intended in any way to delay the processing of the case.
Treatment Options. Subsequent to screening and assessment a bail review/release hearing will be scheduled in front of the Court Commissioner. Prior to the hearing, the Commissioner will be provided detailed information on when the defendant should be released from jail and recommended conditions of release. During the bail hearing the contract is signed, the individual is assigned to a case-manager and referred to the appropriate levels of treatment, case-management, monitoring (including random drug testing) and surveillance.
Out-Patient : When the clinical and criminal risk assessments indicate a need for outpatient alcohol/drug treatment, a referral will be made to the Mental Health Center for treatment and case management services. The Out-Patient Treatment program targets substance abusing individuals and includes participation in out-patient treatment, case-management (maximum, medium or minimum level) monitoring (structured check-ins, arranged by the case manager—daily if necessary, employment verifications, home site visits), random drug and alcohol testing (UA’s and breathalyzers) and electronic monitoring, if deemed necessary (ATIP or Sheriff’s Office). The duration of participation in DART continues until the case is resolved. If the treatment has not been completed at that point, the person may be transitioned to an appropriate post-plea (Drug Court) or post-conviction (Pathfinders, TAP) diversion program.
Residential : When the assessments indicate a primary need for intensive outpatient or residential alcohol/drug treatment, a referral will be made to Hope-Haven-Rebos for treatment and case-management services. The intensive outpatient or residential program targets substance abusing and dependent individuals and offers a range of residential facilities. It includes individualized treatment and intensive case management, monitoring and surveillance as outlined above.
Eligibility Criteria. Individuals eligible for DART would be in a pre-trial status, incarcerated in the Dane County Jail and unable to meet cash bail requirements. Other criteria are: Age 18 years or older; AOD abusing or dependent; criminal Risk Assessment score within acceptable range; Violent offenders are ineligible for admission. A violent offender is defined as a person to whom one of the following applies:
- The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm.
- The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm.
An individual with a pending battery may be admitted at the discretion of the court as long as neither of the above conditions apply;.
Court Oversight. Reviews before the Court Commissioner will occur prior to release from jail; then about one week after admission to DART, then about every two weeks for the next two months and at least monthly thereafter, depending on the participant’s progress. The frequency of court reviews is dictated by the Court Commissioner based on individual participant's progress and compliance or lack thereof. Mandatory random drug testing occurs throughout program participation.
Sanctions and Rewards. Non-compliant behavior is immediately addressed with progressive sanctions. Two levels of sanctions may be used.
The first level of sanctions can be implemented without a court appearance and addresses such behavior as missed appointments or missed drug screens. Sanctions include increased drug testing, increased check-ins, increased appointments with case-manager or monitoring staff, assignments, etc.
The second level of sanctions requires intervention of the court and may be used for renewed criminal activity, failure to appear in court, positive drug tests, failure to comply with treatment requirements, and/or repeated violations. These more intense sanctions may include community service, electronic monitoring, change in bail status or termination from the program.
Rewards for positive performance will include movement to less intensive treatment or monitoring, more community privileges, compliments and other appropriate incentives.
Criteria for Removal from DART. A participant is terminated from DART if they tamper with a urine test or other monitoring test; or if they bring drugs or alcohol on any DART location or premises. Commission of any violent felony, any violent misdemeanor, any new OWI violation, or any drug trafficking offense after admission into DART shall cause automatic removal from DART without exception. Commission of other offenses after admission may result in termination from DART at the discretion of the Court Commissioner. The Commissioner may consider, among other factors, the length of time the defendant has been in DART, the defendant’s performance thus far in DART, the defendant’s attitude, the seriousness of the new offense and the possibility that the disposition of the new case will conflict with the defendant’s DART obligations. Occasionally after a defendant has been accepted into DART, he or she will be charged with a new offense which itself occurred before his or her admission into DART. In such instances, a defendant may be allowed to continue in DART at the discretion of the Court Commissioner.
Project Administration and Program Oversight. DART is a collaboration between the Courts, law enforcement and Dane County Department of Human Services. DCDHS administers program services. An advisory subcommittee of the Criminal Justice Group oversees the program. This subcommittee includes representatives of all participating agencies. The assigned court has final authority over any given case.
Funding. The Wisconsin Treatment Alternatives and Diversion (TAD) program discretionary grant, a collaboration between the Wisconsin Office of Justice Assistance, the Wisconsin Department of Corrections and The Wisconsin Department of Health and Human Services, will fund Dane County DART for up to three years beginning in 2007. DART will charge fees to those with an ability to pay.