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DIP. . . Stuff

Mark Bennett
The Harris County District Attorney’s Office has not had time to talk to the defense bar about the outlines of the new pretrial diversion program for first-time DWI offenders, but it has had time to talk to the press (enough to convince the Chronicle’s editors, clueless about criminal procedure, to endorse it), and now to the misdemeanor court coordinators. We now know the name of the program (DIP) and some of the guidelines and procedures, but we still don’t know the single thing that will be most important to our clients: when or whether a successfully-completed diversion under the DIP program will be expungeable.

Following, for your commenting pleasure, is one court coordinator’s summary of yesterday’s meeting with the DA’s Office:
_________________________

Many of you have been asking me
about the new DIP program for 1st time DWI offenders. Well here is what was said
at our coordinators meeting yesterday…this is what has been put together
so far (it may change – but for now – here is where Lykos is
at)
 
Disposition Intervention
Program

  • Minimize Court Appearance
    during disposition period.
  • Impose conditions based upon
    offender evaluation.
  • Assure supervision criteria
    are uniformly applied.
  • There will be specific
    sanctions
  • There will be specific
    incentives
  • PO will have ZERO
    discretion
  • No second
    chances.

Qualifications

  • 1st Offender, citizen,
    reside in Texas.
  • NO priors in or outside of
    Texas
  • Wrongful arrest does not
    count
  • Inmate are
    elligible
  • Juvenile or state jail
    felonies as a juvenile does not count.

Exclusions

  • Any juvenile adjudication
    for 3rd degree felony or higher
  • Out of state
    resident
  • Judicial Veto can take
    place

District
Attorney Screening Process

  • NCIC / TCIC
  • Review Pretrial interview
    sheet
  • View Video
  • RIP, OR & Accident
    report

Pre DIP
Events

  • DA makes offer
  • Defendant agrees to
    evaluation (this will include 3 – 4 test ~ Urinalysis, SALCE test, risk /
    needs evaluation. (defendant will have to pay for all tests) Once evaluations
    are completed – recommendations are made
  • Defense accepts or
    declines
  • Agreement
    signed

DIP
Events

  • DIP docket
  • Plea of guilty to specific
    punishments
  • 12 – 24 month DIP
    period
  • Specific sanctions for
    violation
  • Conclusion:  dismissal
    or punishment assessed.
  • Everyone on DIP must have
    the Interlock on their car for a minimum of 6 months – if no car then SCRAM
    will be ordered.

Program
Time Line

  • 75 – 90 days from date of
    arrest
  • DIP will last from 12 – 24
    months

As of right now ADA’s are starting to screen eligible
candidates.

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