COME NOW the United States District Court for the Western District of Washington, the United States Probation and Pretrial Services Office, the United States Attorney's Office, and the Federal Public Defender's Office for the Western District of Washington, and hereby, commit to providing qualified individuals, who have agreed to participate in DREAM, a comprehensive court program that blends treatment and sanction alternatives pre-adjudication to effectively address offender behavior, rehabilitation, and the safety of the community. By their respective signatures below, the parties to this Interagency Agreement agree as follows:
1. DREAM Overview. DREAM is a post-plea/pre-adjudication program in which the participant enters a guilty plea and his/her sentencing is held in abeyance while the participant completes the program. Participants will also execute a DREAM contract pursuant to which they agree to participate in the program and abide by the governing terms of the program as set forth therein. Participants will be involved in DREAM for at least 12 months, though the term of involvement may be extended as necessary to a maximum of no more than 24 months. As such, the program is intended to be flexible, working at each individuals' pace with an understanding that the process to recovery may be a slow track.
Successful completion of the DREAM program leads to dismissal of the charge(s). If a participant is terminated from the program, the sentence is imposed by the District Court Judge overseeing the DREAM program, pursuant to the previously entered plea and plea agreement
2. Underlying Principles. A comprehensive court program for substance abusers will not only help individuals by changing their substance use behavior, but also create the greatest safety for the community, impact the most lives through rehabilitation and save the most money for the courts, Bureau of Prisons and the community in future crime costs. The parties agree the following ten principles are essential to achieving these goals and the operation of an effective post-plea/pre-adjudication court and are, therefore, the guiding principles underlying the DREAM program:
A. Integration of substance abuse treatment with justice system case processing, i.e., incorporate social services and treatment programs under the traditional guise of the court system;
B. Use of a non-adversarial approach, in which the prosecution and defense counsel promote public safety while protecting the right of the participant to due process;
C. Early identification and prompt placement of eligible participants;
D. Access to a continuum of treatment, rehabilitation;
E. Frequent testing for alcohol and illicit drugs;
F. A coordinated strategy among the judge, prosecution, defense and treatment providers to govern offender compliance;
G. Ongoing judicial interaction with each participant;
H. Monitoring and evaluation to measure achievement of program goals and gauge effectiveness;
I. Continuing interdisciplinary education to promote effective planning, implementation, and operation; and
J. Partnerships with public agencies and community-based organizations to generate local support and enhance drug court effectiveness.[1]
3. The Executive Review Team. The current review team is comprised of United States District Court Judge Richard A. Jones, Deputy Chief United States Probation Officer Monique Neal, Assistant United States Attorney Kerr), Keefe, Assistant United States Attorney Mark Parrent, Assistant Federal Public Defender Jennifer E. Wellman, and CJA appointed attorney Michael Martin. At all times, the Executive Review Team will include at least one representative of the Court, the U.S. Attorney's Office, the Federal Public Defender's Office and the U.S. Probation and Pretrial Services Office.
The primary duties of the review team or their designated substitutes will be to staff prospective participants for admission, as well as to monitor, support and assist participants in their progress and hoped for graduation from the program. Other duties include the assessment and approval of treatment providers, living and work opportunities for participants, as well as to review any needed program changes.
4. Eligibility Criteria. The parties agree that eligibility requirements must be objective and fair, and include the following for the DREAM pre-adjudication program:
A. Currently charged with an offense in the Western District of Washington for any offense except possession of a firearm during the commission of the alleged offense, felon in possession, sexual offenses or history thereof, or a serious violent offense or history thereof;
B. The criminal conduct appears motivated by substance abuse issues;
C. The person is a lawful resident or citizen of the United States and resides within the Western District of Washington;
D. No more than one prior felony conviction, which also appears to have been motivated by substance abuse issues; and no other felony offenses;
E. The person is willing to accept responsibility for the offense and willing to, prior to graduation, provide the government with all information and evidence the defendant has concerning the offense or offenses that were part of the charges alleged;
F. Any mental health conditions must be manageable; and
G. The participant may not work as an informant for the government during his/her participation in DREAM. Eligibility does not guarantee enrollment in the program. In order to participate in the program, the potential participant must be approved for participation by the Executive Review Team and thereafter, execute the requisite DREAM contracts, as described below in paragraph 5(B). Decisions of the Executive Review Team are not appealable.
5. Referral Process.
A. Identification and Preliminary Selection of Participants
A referral to the DREAM program should be made as early as possible, but in any event, no later than before litigation of pretrial motions. Referrals made should reflect an individual for whom it is believed a period of intensive supervision, coupled with programs intended to address the root causes of his/her criminal conduct will be more effective than a criminal sentence in decreasing the likelihood of recidivism.
The initial identification of prospective participants may be done by U.S. Probation and Pretrial Services, the prosecutor and/or defense counsel representing the prospective participant. If the prosecutor indicates that it is open to acceptance of the defendant to the program should eligibility criteria be met, the prospective participant may be referred to the DREAM Executive Review Team for possible selection as a DREAM program participant.
Proceeding further in the DREAM program will require unanimous agreement by the DREAM Executive Review Team. In making that decision, the DREAM Executive Review Team agrees that the eligibility criteria is intended to be broadly defined so as to allow those who need and want treatment, access to the program. The Executive Review Team may consider the defendant's criminal record, reported substance abuse/dependence history, mental health history, willingness and ability to participate in the program, as well as all other relevant factors to determine suitability for the program.
B. Procedures Following Approval for Participation by the DREAM Executive Review Team
The DREAM program is voluntary and requires the waiver of certain constitutional rights. Therefore, the prospective DREAM participant must have sufficient time to obtain discovery, investigate the facts and carefully and thoroughly evaluate the choices presented before entering a plea agreement and the program contract necessary to participate in the DREAM program. The following steps encourage that process and will be completed after the DREAM Executive Review Team has selected a prospective participant for the program:
Step 1. Appointment of the Federal Public Defender's Office for DREAM Purposes. If the defendant is determined to be suitable for the DREAM program, the DREAM program Assistant Federal Public Defender will be appointed to represent the prospective participant for purposes of the DREAM program. The prospective participant will continue however, to be represented by his/her original counsel in the underlying criminal case for purposes of determining whether to enter a guilty plea in that case as required for participation in the DREAM program. After his/her admission to the DREAM program, original defense counsel will represent the participant during the requisite statement to the government regarding all information the participant has concerning the offense or offenses that were part of the original charges. The DREAM program defense counsel will advise the prospective participant and his/her attorney regarding the requirements of the DREAM program, the terms of the DREAM program contract, as well as the waiver of confidentiality for treatment program information required for participation in the DREAM program. The DREAM defense counsel may be present for the requisite statement to the government regarding all information the participant has concerning the offense or offenses that were part of the original charges.
Step 2. Plea Agreement and DREAM Contract. Defense counsel and the prosecutor shall negotiate a plea agreement containing terms acceptable to the prosecutor and the prospective participant to at least one of the criminal charges pending against the prospective participant. If the offense of conviction includes a restitution obligation, the agreement will include a commitment by the prospective participant to begin paying restitution as directed during the DREAM program and an agreement by the prospective participant to consent to an order of restitution in favor of specified victims for any remaining restitution before the dismissal of the criminal charges. The plea agreement will incorporate the terms of the DREAM program contract and the waiver authorizing access to treatment information. The prosecutor and the participant further agree that the plea agreement will be entered into pursuant to Federal Rule of Criminal Procedure 11(c)(l)(C) to the extent that it will bind the DREAM Judicial Officer, upon a participant's successful completion of the DREAM program, to accord the participant the benefits for successful completion of the program specified in the plea agreement, i.e., dismissal with prejudice of the criminal charges against the prospective participant. If the participant is terminated from the program based upon unsuccessful completion, the participant will be sentenced in accordance with the Sentencing Guidelines, 18 U.S.C. $ 3553(a), any applicable statutory, mandatory minimums, and consistent with the terms of the written plea agreement.
The DREAM program contract will articulate expectations and obligations of the prospective participant and the other members of the DREAM program team, including, but not limited to, the expectations and obligations of the prospective participant to undergo a drug and alcohol evaluation/assessment and follow all treatment recommendations, as well as to provide the government with all information he/she has concerning the offense or offenses originally charged.[2]
Step 3. Transfer to the DREAM Judicial Officer. The DREAM Executive Review Team, through correspondence from the DREAM Probation Officer, will seek approval of a transfer of the prospective participant's case from the originating District Judge to the DREAM Judicial Officer.3 The correspondence will explain the DREAM Executive Review Team's reasons for recommending participation in the DREAM program, and a brief summary of the anticipated plea agreement. If rejected, the case will proceed in the usual course before the originating District Court. If approved, the originating District Court will execute an Order transferring the defendant's case for all purposes to the DREAM Judicial Officer.[3]
Step 4. Initial Appearance before the DREAM Judicial Officer. Once a defendant's participation in the DREAM program has received approval from the originating District Judge and the case transferred to the DREAM Judicial Officer, the Probation and Pretrial Services Office will arrange for the participant to make an initial appearance before the DREAM Judicial Officer. The initial hearing before the DREAM Judicial Officer will be conducted in open court, in the presence of the DREAM Executive Review Team and the participant's original defense counsel, and consist of the following:
1) Ensuring that the prospective participant's involvement in the DREAM program is voluntary, as confirmed by the participant's oral representations and the DREAM program contract to be signed by the prospective participant, as well as each member of the DREAM program team;
2) Ensuring the defendant understands his/her constitutional rights and the terms of the Plea Agreement executed by the prospective participant, defense counsel and the prosecutor;
3) Entering an Appearance Bond, if the participant is in custody, for the sole purpose of allowing the participant to engage in the DREAM program and including any and all conditions of release deemed appropriate by the DREAM Judicial Officer; and,
4) Ensuring the defendant understands and executes a waiver authorizing the DREAM program team access to treatment program information regarding successes and failures in any program to which the participant is referred or enrolled in as part of the DREAM program, for the sole purpose of participating in the monitoring and evaluation of a participant's progress in the DREAM program or for assessing sentencing recommendations following a participant's unsuccessful completion of the DREAM program.
Step 5. Entering a Plea of Guilty.After each of the above documents are executed before the DREAM Judicial Officer, the prospective participant will enter a guilty plea(s) before the DREAM Judicial Officer. Upon acceptance of the guilty plea, the District Court will stay the sentencing proceedings, including the preparation of a presentence report. Once each of these five steps is taken, the prospective participant is a participant in the DREAM program. At that time, the participant's original defense counsel is relieved of any further responsibilities with the exception of representing the participant in the requisite meeting with the government in which, prior to graduation, the participant must provide all information known by the participant about the offense or offenses originally charged.
6. Immunity Granted to All Statements Made in DREAM Program.
An essential component of the DREAM program is every participant's complete candor with the DREAM Judicial Officer and the other members of the DREAM program team.
Accordingly, the United States Attorney's Office agrees that the DREAM Program Contract will include a provision that statements made, documents and other information provided by the participant during and/or in relation to any and all DREAM program proceeding(s) shall not be used against the participant during the government's case-in-chief in any future proceedings.
The United States Attorney's Office also agrees that the statement provided to the government about all evidence and information the participant has concerning the offense or offenses that were part of the charged conduct cannot be used by the government to require further cooperation of the participant and thereby, demand his/her withdrawal from the DREAM program, or to file additional charges against the participant, except as the basis for a prosecution for perjury or making of a false statement.
If, however, the participant is terminated from the program, the United States may, pursuant to 18 U.S.C. $ 3661, provide the contents of the statement given by the participant to the Court. This statement may not, pursuant to U.S.S.G. $ 1B1.8, be used to determine the appropriate sentencing guidelines range. It may be used for impeachment purposes only.
7. Respective Roles of the DREAM Executive Review Team.
All of the parties to this agreement recognize that an essential component of the DREAM program is a collaborative or "team" approach to determine what is in the best interests of each participant. "Best interests" looks beyond the narrow focus on the particular charges and instead focuses on the overarching issue of the participant's sobriety. This approach is reflected in the respective roles of the Executive Review Team throughout the course of the DREAM program for each participant:
A. Role of the DREAM Program Judicial Officer
Initially, the DREAM program will operate with a single District Court Judge or a single District Court Judge paired with a single Magistrate Judge. While expansion of the number of participants or other events may result in the need for participation by additional judicial officers, the parties agree that the essential need for continuity in the judicial role mandates that a limited number of judicial officers be involved.
The parties also agree that the active involvement of the program Judicial Officer with participants in the DREAM program is essential. When participants are excelling in the program, the DREAM Judicial Officer will provide encouragement. When participants are in noncompliance with the DREAM program, the DREAM Judicial Officer, after receiving the recommendation of the other members of the Executive Review Team, will make a determination as to the appropriate sanction based on the nature of the participant's noncompliant behavior.
If appropriate, sanctions should be progressive in terms of severity. When the DREAM Executive Review Team determines that a participant has exhausted that participant's opportunities to continue in the DREAM program, the DREAM Judicial Officer will make the final decision to terminate the participant from the DREAM program and proceed to sentencing. The DREAM Judicial Officer acknowledges that sincere attempts to participate in the DREAM program should not be penalized.
B. Role of the DREAM Program Probation Officer.
The DREAM Probation Officer will be charged with overseeing supervision of appropriate non-contract treatment and other program agencies based on the needs of individual participants as determined by the DREAM Probation Officer and the DREAM Judicial Officer. The DREAM Probation Officer will also work with treatment and other program providers to ensure effective communication between the treatment and other program providers and the DREAM program team.
In preparation for DREAM court appearances, the DREAM Probation Officer will oversee the preparation of reports to inform the parties of the participant's struggles and achievements. To expedite the reporting process, avoid overworking the Probation Officer, and create continuity in reporting, a standardized "DREAM Program Progress Report" will be used. For each participant, the DREAM Probation Officer or designated substitute, will distribute a DREAM Program Progress Report, along with any attachments, to the DREAM Judicial Officer, Assistant Federal Public Defender, and Assistant United States Attorney(s) at least a full 24 hours before each scheduled DREAM program court appearance.[4]
When serious problems in supervision arise, the Probation Officer will immediately notify the Court and seek guidance on action to be taken, including, but not limited to authorization to arrest the participant.
The Probation Officer will also maintain, within each participant's U.S. Probation and Pretrial Services file, a separately delineated section that will constitute the "DREAM Program File" for each participant. This DREAM Program File will include the participant's DREAM program contract, all DREAM Program Progress Reports for the participant, treatment and other program records for the participant, results of drug testing for the participant, and all other records relating to the participant's progress through the DREAM program. The DREAM Program File for any participant will be made available to the DREAM Judicial Officer, Assistant Federal Public Defender, and Assistant United States Attorney(s), or a designated substitute(s), as necessary for implementation of the DREAM program. The DREAM Program File for each participant will otherwise remain a part of the participant's U.S. Probation and Pretrial Services file and confidential.
C. Role of the DREAM Program Assistant United States Attorney(s):
The role of the United States Attorney's Office in the DREAM program is to participate in a team effort with the DREAM Executive Review Team to encourage each participant's success in the DREAM program and to participate in DREAM program decisions about proper punishments for participants struggling with the program's requirements.
The Assistant United States Attorney(s) will be involved in decisions about program planning both when a participant is succeeding and when a participant is struggling; may be called on to report on a participant's progress during a DREAM program appearance; and should be prepared to provide assistance to the other members of the DREAM Executive Review Team in determining whether a participant's continued participation in the DREAM program is warranted. Like the other team members, the DREAM Assistant United States Attorneys' role is expected to be nonadversarial.
The DREAM Assistant United States Attorney(s) or a designated substitute(s), is also responsible for scheduling and taking the statement of culpability concerning the offense or offenses originally charged, in the presence of the original defense counsel. The fact that the defendant may not have any relevant or other information to provide or that the government is already aware ol will not preclude a determination by the DREAM Executive Review Team that the participant has complied with this requirement. The prosecutor agrees that the overarching objective of the statement is the participant's sincere intent to achieve sobriety and participate in DREAM. Use of the participant's statements is governed by the terms of the Drug Reentry Alternative Model (DREAM) Contract and Agreement to Continue Sentencing, PP. 5 through 6. If the participant is terminated from the program, the participant understands that the statement may be provided to the Court, pursuant to l8 U.S..C. $ 3661, and that such statement cannot, pursuant to U.S.S.G. $ IB 1.8, be used to determine the applicable sentencing guideline.
D. Role of the DREAM Program Assistant Federal Public Defender.
The role of the DREAM Assistant Federal Public Defender is to participate in a team effort with the DREAM Judicial Officer, Assistant United States Attorney(s), and the Probation Officer to encourage each participant's success in the DREAM program, discourage bad decisions and disinterest in the DREAM program at their first sign, and participate in DREAM program decisions about proper punishments for participants struggling with the program's requirements.
The DREAM Assistant Federal Public Defender should be involved in decisions about program planning both when a participant is succeeding and when a participant is struggling; may be called on to report on a participant's progress during a DREAM program appearance; and, should be prepared to provide assistance to the other members of the DREAM Executive Review Team in determining whether a participant's continued participation in the DREAM program is warranted. The Assistant Federal Public Defender's role is also expected to be non-adversarial.
8. DREAM Program Proceedings. Participants agree to a minimum of 12 months in the DREAM program and may spend as long as 24 months in DREAM court. The time spent in DREAM court is divided into stages and varies based on each participant's circumstances and progress. However, from the outset, participants will appear at least monthly before the same DREAM Judicial Officer and the other members of the DREAM program team.
To ensure continuity, only the DREAM program's Probation Officer, Assistant Federal Public Defender and the Assistant United States Attorney(s), constituting the DREAM Executive Review Team, or their designated substitutes, will be involved in the DREAM program and will appear for each DREAM program session.[5]
The order of participant appearances at each DREAM court session will be set by the DREAM Judicial Officer as deemed most beneficial to the participants, with the understanding that, ordinarily, absent being excused by the DREAM Judicial Officer, participants will be expected to remain through the appearances of at least some of the other participants at the particular DREAM program session.
To effectuate the parties' intent that the DREAM program be less adversarial and provide as much support as possible to participants, all parties agree that conduct that might otherwise constitute a violation of the terms of an Appearance Bond or the DREAM program rules may be handled in an informal manner. In particular:
(a) all conduct that might be considered a violation will be presented to the DREAM Judicial Officer, the other members of the DREAM program team, and the participant through the Probation Officer's regular DREAM Program Progress Report, or a status report to the DREAM Judicial Officer filed on an expedited basis if the circumstances so warrant; and
(b) absent a determination that termination from the DREAM program is justified in accordance with paragraph 10 below, any sanction for such a violation, so long as it is within the range of sanctions set forth in paragraph 8 below, will be handled through
(i) a directive issued by the DREAM Judicial Officer at a regular DREAM court session in a non-adversarial setting; or
(ii) if the participant, the DREAM Judicial Officer, Probation Officer, Assistant United States Attorney(s) and Assistant Federal Public Defender all agree to a particular sanction or treatment intervention, on an expedited basis before the participant's next scheduled DREAM court appearance by means of a modification executed by the participant and the DREAM Judicial Officer, Probation Officer, and Assistant Federal Public Defender.
For each participant , after each DREAM court appearance, the DREAM Judicial Officer will issue a DREAM Program Status Report, reflecting actions taken and scheduling that participant's next DREAM program appearance.
9. DREAM Program Sanctions. The DREAM program anticipates that participants may struggle during treatment and may relapse. Noncompliant behavior, including a relapse, will result in sanctions. However, consistent with the overarching goal of participant success, the range of possible sanctions is generally flexible to ensure that some level of sanction is available for every type of violation.
Factors that will influence the type of sanction employed include the seriousness of the violation, the number of violations, and the amount of time the participant has remained compliant, either before a first violation, or between violations. In addition, an important factor will be whether the participant voluntarily discloses the violation. Dishonesty on the part of the participant will result in enhanced sanctions. Depending on these factors, any of the sanctions listed below - including termination from the DREAM program - will be available.
Additionally, if appropriate any or all of the available sanctions may be ordered more than once during the course of a participant's progress through the DREAM program. Sanctions may include, but are not limited to:
. Additional education or writing assignments (for example, write out an explanation for noncompliant behavior and describe a plan to correct it);
. Order to participate in community service;
. Order to participate in the Moral Reconation Therapy (MRT) program;
. Judicial reprimand delivered during DREAM court proceedings in front of other REAM program participants;
. Order to return to DREAM program proceedings to observe for a half or full day;
. Curfew restriction for up to 30 days;
. Increase in frequency of progress hearings before the DREAM Judicial Officer;
. Order to complete a term of home confinement (with conditions that may include alcohol monitors and standard location monitoring with GPS);
. Order to complete a term of up to 30 days at a residential reentry center;
. Order to complete a term at a residential drug treatment facility
. Order to spend up to 7 days in jail;[6] and
. Termination from the DREAM program.
If terminated, the government may move the Court to detain the participant pending sentencing. These sanctions are intended to take a creative approach to altering behavior, while cutting the costs associated with first resorting to a traditional "days in jail" sanction. Sanctions imposed should be completed by the participant's next DREAM program appearance, unless the DREAM Judicial Officer allows more time. The participant may be required to report on performance of the sanction at his/her next DREAM program appearance.
The DREAM Probation Officer or designated substitute, will monitor compliance with imposed sanctions and report on compliance in a regular DREAM Program Progress Report, or, if circumstances warrant, in a status report to the DREAM Executive Review Team filed on an expedited basis.
A participant faced with any sanction will have the option of requesting termination from the DREAM program and proceed to sentencing.
10. Adversarial Hearings. Recognizing that circumstances may arise in which a participant is alleged to have violated a term of the DREAM program rules and the participant believes that he or she is innocent of the alleged conduct constituting the violation, the parties agree that a request for an adversarial hearing on whether the participant in fact committed the alleged conduct will not automatically result in termination from the DREAM program.
Such adversarial hearings are, however, to be conducted only to determine the question of whether the participant in fact committed the alleged conduct, and not as an opportunity for the participant to offer a proffered explanation for admitted or undisputed conduct.
11. Termination based upon Unsuccessful Completion of DREAM Program.
In recognition of the reality of a relapse as a part of recovery from drug or alcohol addiction and/or in addressing underlying causes of criminal activity, every effort should be made to continue to work with participants. All parties realize, however, that there will be some circumstances in which it is appropriate to terminate a participant from the DREAM program as unsuccessful. Termination may be either voluntary or involuntary and, in either circumstance, will result in the participant proceeding to sentencing before the DREAM Judicial Officer on the charge(s) to which the participant entered a guilty plea or pleas without receiving the benefits provided for successful completion of the DREAM program in the participant's plea agreement.[7]
Before imposing sentence, the DREAM Judicial Officer, the United States Attorney's Office, the Assistant Federal Public Defender, and the United States Probation Office, will have access to and may consider for purposes of sentencing the participant's DREAM Program File, which will document all successes, failures, and sanctions that occurred during the DREAM program. The program's Assistant Federal Public Defender and Assistant United States Attorney(s) may make recommendations as well. As noted above, in making a recommendation, the parties should not recommend a longer sentence
than what would have been imposed if the standard plea was taken simply as a means to "set an example" for other drug court participants.
The originating District Judge will be notified of the participant's termination from the DREAM program by correspondence from the Probation Officer.
12. Program Benefits. During the DREAM program, rewards may be offered to recognize participant progress, such as certificates and public accolades before other DREAM participants. More substantial rewards may also be provided to aid participants in improving their personal situations. For example, free bus passes may assist participants in transportation to their DREAM court obligations. Rewards may also include elimination of location monitoring and curfew, decreased urinalysis testing and officer contacts or other achievement recognitions. Such rewards, however, are not guaranteed.
Whether a participant has successfully completed the DREAM program will be determined by the DREAM Judicial Officer in consultation with the other members of the DREAM Executive Review Team subject to the minimum requirement that a participant will have demonstrated at least six months of continuous sobriety. A participant who is determined to have successfully completed the DREAM program will receive the benefits specified in the participant's plea agreement, i.e., the withdrawal of the participant's previously-entered guilty plea being dismissed with prejudice.
13. DREAM Program Graduation. DREAM program graduation will take place at the participant's final, regularly scheduled DREAM court appearance. In addition to participants, the originating District Judge, family members, sponsors, and friends will be invited to attend the graduation. The DREAM Judicial Officer will present graduating participants with a Certificate of Completion, and other articles of recognition as determined by the DREAM Judicial Officer and the other members of the DREAM Executive Review Team.
The Certificate of Completion will close the DREAM Program File section of the participant's U.S. Probation and Pretrial Services file. The DREAM Judicial officer will also issue an order vacating the guilty plea and dismissing with prejudice the criminal charges pending before the originating District Judge at the time of the guilty plea.
14. Modification and Supplementation of Interagency Agreement.
The parties recognize that as the DREAM program is implemented, modification or supplementation of this Interagency Agreement may be necessary. Any modification or supplementation of this Interagency Agreement will be in writing, and may be made by the DREAM Executive Review Team only upon the consent of all members of that team and with agreement by the DREAM Judicial Officer that the proposed modification does not need to be referred to the United States District Court for the Western District of Washington for review and approval.