Intensive Program for OWI Offenders

 

 

 

 

What is the ISP?

The ISP is a program offered in Vernon County which is designed to eliminate drinking and driving behavior through general alcohol/drug education, monitoring of alcohol and other drug use, and education regarding the victims of others irresponsible use of alcohol.  Once the offender completes the program requirements they will receive a reduction in their jail sentence and fines owed to the courts. The program will not alter the driving revocation period.
Who is Elligible for the Program?
Any Individual Who:
Has been charged and takes responsibility for their drunk driving behavior by pleading guilty or no contest to OWI 2nd, 3rd, or 4rth offense in Vernon County.
Has no aggravating factor involved in the offense, for example causing injury.

Has not completed the program previously.

What are the requirements of the ISP?

There are four requirements needed to complete the program:

Attendance at 20 OWI / general alcohol education classes. These classes take place in the basement of the Vernon County Court House and must be completed consecutively.

Attendance at one Victim Impact Panel for Drunk Drivers.

Abstinence from all mind and mood altering chemicals unless prescribed by a physician. Compliance with local law enforcement and program facilitator to administer random drug and breathalyzer tests for a six month period.

Attendance at 2 self-help groups or Alcoholics Anonymous meetings per week during the 6 month supervisory period.

How do I enroll in the ISP?

On the day you appear in traffic court, the Director of Court Services will be in the court room to explain and answer any questions regarding the program. If you decide to enroll, the director will have you sign an agreement at that time and give you further instructions as to how to proceed.

What happens if an offender fails the program?

There is a penalty for non-completion of the program. This penalty is in the form of increased jail time and fines owed to the court. Factors which could have an offender dismissed from the program are:

Failure to comply with the above listed requirements.

Receiving new criminal charges while in the program.

Operating a motor vehicle while revoked, suspended or in violation of occupational restrictions

SOBRIETY COURT OUTLINE
    1. The Vernon County Sobriety Court is an optional, early intervention, post-conviction treatment program available to eligible defendants who plead guilty to 2d offense OWI or higher.
    2. In the discretion of the court and on recommendation of the Team, defendants charged with other OWI-related offenses may participate in the program. 
    3. Other alcohol-dependent defendants may be deemed eligible and may also be received into the program on recommendation of the Team.
    4. The Team shall include the judge, a representative of the district attorney’s office, a defense attorney, a law enforcement officer, a state probation agent, the program coordinator, at least one treatment professional and such other individuals as the Team shall deem necessary.
    5. Initial appearances on criminal OWI cases shall be conducted every Monday at 8:30 (9:00) a.m.
    6. The program shall be explained to defendants at the initial appearance and interested defendants shall be screened for eligibility.
    7. Defendants may request one adjournment to secure counsel and/ or consider whether they wish to undertake the program.
    8. Any further adjournments of the initial appearance are at the discretion of the court for good cause shown.
    9. The goal is to receive participants into the program within 20 days of arrest.
    10. Defendants shall be screened for eligibility by the program coordinator.
    11. Defendants who enter “not guilty” pleas are thereafter ineligible for the program.
    12. OWI defendants who are not eligible shall be sentenced under the OWI sentencing guidelines.
    13. Eligible defendants shall receive a withheld sentence and shall be placed on 2 years probation.
    14. The duration of the program shall be not less than 18 months.
    15. Twelve months of continuous sobriety is required to complete the program.
    16. Participants shall be monitored for absolute sobriety.
    17. Participants shall be required to attend regular court reviews.
    18. Participants shall start any required jail time within the first 30 days of the program.
    19. Participants shall pay any fines, costs and surcharges on terms and conditions established by the probation officer.
    20. Participants shall pay for their alcohol assessments immediately upon being received into the program and shall undergo such assessments at the earliest available date.
    21. Participants shall pay a program participation fee to the program coordinator on terms and conditions set by the Team. 
Sobriety Court FAQ

Effective August 1, 2011, Vernon County has a new “Sobriety Court”.  The following “Frequently Asked Questions” provide a brief overview of the program. The details are set out in the “Participant Handbook”—copies of which are available from the clerk of court.  Neither this FAQ nor the Handbook answers all possible questions which may arise. Additional questions may be directed to the Traffic Clerk in the Clerk of Court’s Office, the Program Coordinator or any other member of the Sobriety Court Team.
  • What are the requirements of the program?  Eligible offenders are placed on probation for two years and are required to complete a multi-phase, 18-month treatment and monitoring program.  Absolute sobriety is required as verified by frequent, random testing.  Progress is monitored by regularly scheduled court reviews.
  • Who is eligible? Chemical dependent offenders charged with 2d offense OWI or higher who plead guilty at the initial appearance.  Other chemical-dependent offenders may be considered by the Team on recommendation of the district attorney or other Team members.
  • How will offenders learn about the program? At the initial court appearances the Program Coordinator will explain the program and screen those offenders who are interested and potentially eligible.
  • How soon must an eligible offender  decide on participation?  The goal is to place eligible offenders into the program within 20 days of arrest.
  • When will initial appearances be scheduled on the court calendar?  Initial appearances in criminal OWI cases will be held once per week.  Officers are encouraged to give court dates no earlier 5 days but no later than 10 days after arrest when issuing citations and expedite the preparation of arrest reports in order that the district attorney may file complaints as soon as possible.
  •  Must a decision be made at the very first court appearance? If requested, offenders may be given one adjournment of the initial appearance to secure legal counsel and consider the program.
  • How is eligibility determined?  Eligible offenders who are interested in the program are interviewed by the Program Coordinator at their initial court appearance.
  • What are the other eligibility criteria?  County residence and the willingness and ability to participate in treatment, follow all program guidelines and pay all required fees.
  • What is the cost; how and when must costs be paid? Costs will vary by offense and offender.  However, all participants must pay for their statutorily required alcohol assessment within 30 days of sentencing and must arrange for payment of all other fines, costs and surcharges.
  • What is the benefit of the program?  Participants learn skills necessary to maintain sobriety, and are sentenced under the probation options set out in the 7th Judicial District OWI Sentencing Guidelines.
  • What happens if the offender fails to complete the program? Misdemeanor OWI offenders will receive imposed and stayed sentences under the aggravated sentencing category of the sentencing guidelines.  Felony offenders may receive imposed and stayed or withheld sentences at the time of sentencing, depending upon the individual circumstances of each case
  • How is progress monitored? Participants make regularly scheduled court appearances—at first every other week and then once per month.  The Sobriety Court Team meets before these appearances and reviews the progress of each participant.  Each case is then called in court and the judge addresses its status with the participant.
  • Who is on the Team? The judge, the district attorney, the probation agent, a law enforcement representative, a representative of the defense bar, the Program Coordinator and one or more treatment provider.
  • How are offenders removed from the program? The Team makes a recommendation to the judge and a hearing is then held.
  •  What about OWI offenders who are not eligible, or cannot or do not want to participate?  They will be sentenced under the standard Sentencing Guidelines if found guilty by either plea or trial
THE CLERK OF CIRCUIT COURT AND STAFF ARE NOT ALLOWED TO GIVE LEGAL ADVICE.
 

 
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