5. Description of all entities that may be impacted by the rule:
The proposed rules governing procedures and standards for a frequent sobriety testing pilot program under Wis. Stat. § 165.957 will affect the interests of Wisconsin residents in the counties designated by DOJ to participate in the program. It will directly affect the interests of individuals who either are required to participate in the program by a sentencing court or DOC, or choose to participate voluntarily. In addition, the proposed rules will indirectly affect the safety interests of the general public in the designated counties and surrounding counties to the extent that the frequent sobriety testing pilot program decreases recidivism by persons convicted of impaired driving offenses. The proposed rules will affect the interests of the courts in the designated counties and the DOC offices and DOC staff supervising persons who participate in the frequent sobriety testing pilot program as a condition of probation, deferred prosecution, parole, or extended supervision.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
The only related existing or proposed federal regulation is 23 C.F.R. § 1200.23, “Impaired driving countermeasures grants.” That provision establishes criteria for awarding grants to states “that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving motor vehicles while under the influence of alcohol, drugs, or the combination of alcohol and drugs or that enact alcohol ignition interlock laws.” 23 C.F.R. § 1200.23(a). States may apply for a grant under this section for “[c]osts associated with a 24–7 sobriety program.” 23 C.F.R. § 1200.23(c), (i) (1)(ix), (2), (3). A 24–7 sobriety program is a State law or program that authorizes a State court or a State agency, as a condition of sentence, probation, parole, or work permit, to require an individual who pleads guilty to or was convicted of driving under the influence of alcohol or drugs to—
(1) Abstain totally from alcohol or drugs for a period of time; and
(2) Be subject to testing for alcohol or drugs at least twice per day by continuous transdermal alcohol monitoring via an electronic monitoring device, or by an alternative method approved by NHTSA.
Id. at (b).
7. Anticipated economic impact of proposed rules.
The proposed rules are expected to have minimal or no economic impact locally or statewide.
Contact Person: Assistant Attorney General Maura Whelan (608) 266-3859
