Wisconsin Legislature: Chapter Jus 19

Chapter Jus 19

FREQUENT SOBRIETY TESTING PILOT PROGRAM

Jus 19.01 Purpose.

Jus 19.02 Applicability.

Jus 19.03 Definitions.

Jus 19.04 Program participation and enrollment.

Jus 19.05 Agency agreement with the department.

Jus 19.06 Conditions of bond or pretrial release.

Jus 19.07 Conditions of deferred prosecution.

Jus 19.08 Conditions post-conviction.

Jus 19.09 Volunteers.

Jus 19.10 Testing.

Jus 19.11 Compliance and sanctions.

Jus 19.12 Fees.

Jus 19.13 Reporting requirements and data collection system.

Jus 19.14 Reimbursement for lost or damaged equipment.

Jus 19.15 Discharge from the program.

Jus 19.16 Repeat participant.

Note: Chapter Jus 19 was created by emergency rule, EmR1805, effective February 6, 2018 through July 5, 2018.

Jus 19.01 Purpose. The purpose of this chapter is to establish, as required by s. 165.957 (3), Stats., standards, timelines, and procedures for a frequent sobriety testing pilot program in the state of Wisconsin, and to effectuate the purpose of s. 165.957, Stats.

History: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Jus 19.02 Applicability. This chapter applies to the department of justice, the department of corrections, participating counties, circuit courts, and district attorneys, and participants in the frequent sobriety testing pilot program.

History: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Jus 19.03 Definitions. In this chapter:

(1) “Agency” means a sheriff’s office or an entity designated by a sheriff of a county selected by the department to participate in the frequent sobriety testing pilot program.

(2) “Alcohol concentration” means the alcohol content of blood, breath, or urine by weight.

(3) “Breath test” means the collection of a breath sample to measure breath alcohol concentration.

(4) “Continuous monitoring” means breath or transdermal testing for the presence of alcohol that is conducted at least once every hour.

(5) “Controlled substance” has the meaning given in s. 961.01 (4), Stats.

(6) “Court” means a circuit court in the state of Wisconsin.

(7) “Data collection system” means a computer application providing for the entry of specific, structured variables into a database to track key data elements for analysis and reporting.

(8) “Deferred prosecution agreement” means a written agreement between a criminal defendant and a district attorney in which the district attorney agrees to suspend the prosecution for a specified period provided that the defendant complies with conditions included in the agreement.

(9) “Department” means the department of justice.

(10) “District attorney” means the district attorney of a county participating in the program who has jurisdiction over the prosecution of a participant.

(11) “Drug patch” means any type of device affixed to a person’s skin to test for the presence of controlled substances in the person’s body.

(12) “Non-OWI offense” means an offense that is not an OWI offense.

(13m) “OWI conviction” means a conviction under s. 940.09 (1) or 940.25, Stats., or a suspension, revocation, or other conviction as enumerated in s. 343.307 (1), Stats.

(14m) “OWI offense” means a violation of s. 940.09 (1) or 940.25, Stats., or the statutes, laws, and local ordinances enumerated in s. 343.307 (1), Stats.

(15) “Participant” means an adult person who has been ordered by a court or the department of corrections to refrain from using alcohol or controlled substances, or both, as a condition of release and has been ordered by a court or the department of corrections to participate in the program. “Participant” also means an adult person who has agreed to participate in the program as a condition of a deferred prosecution agreement or who volunteers to participate in the program.

(16) “Participation agreement” means an agreement between a participant and an agency in which the participant agrees to comply with the program requirements.

(17) “Program” means the frequent sobriety testing pilot program, which requires a participant to abstain from the use of alcohol or a controlled substance, or both, for a specified period of time, during which the participant shall submit to twice-a-day or continuous testing of the participant’s blood, breath, urine, or other bodily substance, in order to determine if alcohol or a controlled substance, or both, is present in the participant’s body.

(18) “Sanction” means a consequence imposed for a violation of the participation agreement and may include arrest.

(19) “Testing” has the meaning given in s. 165.957 (1) (b), Stats.

(20) “Testing site” means the facility designated by the agency and approved by the department where the program shall be administered including testing, installation of remote transdermal alcohol monitoring equipment, collection of fees from participants, and entry of participant information into the data collection system. An agency may designate more than one testing site.

(21) “Transdermal alcohol monitoring” means the use of a device to detect alcohol in a person’s body by measuring ethanol vapors released through the skin.

(22) “Twice-a-day testing” means testing a participant for the use of alcohol at least twice daily, with testing times approximately 12 hours apart.

(23) “Urinalysis testing” means collecting and analyzing urine specimens to detect the presence of alcohol or controlled substances, or both.

History: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.; correction in (13), (14) made under s. 13.92 (4) (b) 7., Stats., and renum. (13) and (14) to (14m) and (13m) under s. 13.92 (4) (b) 1., Stats., Register April 2019 No. 760.

Jus 19.04 Program participation and enrollment.

(1) Before commencing participation in the program, a participant shall sign a written participation agreement with the agency using a form approved by the department. The agreement shall include the initial duration of the person’s participation in the program as ordered by the court or department of corrections, or provided in a deferred prosecution agreement, and shall include all of the following:

(a) The type and frequency of testing.

(b) The location of the testing site.

(d) Payment procedures, including time within which each type of fee shall be paid.

(e) The participant’s obligations and responsibilities.

(f) Potential sanctions for the participant’s noncompliance, up to and including termination, as determined by the agency.

(2) A participant shall sign the agreement in the presence of a person designated by the agency, acknowledging and agreeing to the terms and conditions imposed by the court or department of corrections or provided in a deferred prosecution agreement. The agency shall deliver a copy of the signed participation agreement to the participant.