Jus 19.04(1)(f)(f) Potential sanctions for the participant’s noncompliance, up to and including termination, as determined by the agency. Jus 19.04(2)(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. Jus 19.04(3)(3) In conjunction with the participation agreement, the participant shall sign a consent form allowing the release of personal and testing information to the agency and department for enforcement and reporting purposes. The personal information may include name, date of birth, state identification number, address, telephone, and other information deemed necessary or appropriate by the agency and department and outlined in the consent form. The format of the consent form shall be approved by the department. The participant shall receive a copy of the signed consent form. Jus 19.04(4)(4) A participant shall be enrolled in the program for a minimum initial enrollment period of 90 days and a maximum initial enrollment period of 365 days except when ordered as a condition of pretrial release. Jus 19.04(5)(5) Program participation may be extended beyond the initial enrollment period at the discretion of the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. Before an individual’s program participation may be extended, the individual shall sign an amended written participation agreement using a form approved by the department. An individual’s participation in the program may not exceed 18 months. Jus 19.04(6)(6) A participant may not be enrolled in the program while in physical custody. Jus 19.04(7)(7) A person on work release may be ordered to participate in the program or may volunteer to participate in the program. Jus 19.04(8)(8) Participation in the program may not replace a participant’s statutory obligations or any other condition imposed by the court or the department of corrections or as part of a deferred prosecution agreement. Jus 19.04 HistoryHistory: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19. Jus 19.05Jus 19.05 Agency agreement with the department. Jus 19.05(1)(1) Each agency participating in the program shall sign a written agreement with the department outlining the respective responsibilities of the agency and the department. Jus 19.05(2)(2) By signing the agreement, the agency agrees to abide by this chapter and any other guidelines and procedures established by the department for the administration of the program. Jus 19.05(3)(3) The agreement shall require the agency to provide an accounting to the department of all fees, costs, and other payments collected from participants, in a manner directed by the department. Jus 19.05(5)(5) The agreement shall direct the agency to remit to the department a portion of all program fee amounts collected from its participants. The department shall use these payments to recoup its expenditures for administering the program and installing, maintaining, and administering the data collection system. The department shall return to the agency any fees paid under the agreement not used to support the program. Jus 19.05 HistoryHistory: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19. Jus 19.06Jus 19.06 Conditions of bond or pretrial release. The court may require a defendant to participate in the program as a condition of bond or pretrial release if any of the following apply: Jus 19.06(1)(1) The defendant has 2 or more OWI convictions and is currently charged with a non-OWI offense. Jus 19.06(2)(2) The defendant is charged with a 3rd or subsequent OWI offense. Jus 19.06 HistoryHistory: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19. Jus 19.07Jus 19.07 Conditions of deferred prosecution. A district attorney may require a defendant to participate in the program as a condition of a deferred prosecution agreement if the defendant has 2 or more OWI convictions and the deferred prosecution agreement is based on a non-OWI offense. Jus 19.07 NoteNote: Under s. 967.055 (3), Stats., a prosecutor may not place a person in a deferred prosecution program if the person is accused of or charged with an OWI offense. Neither s. 165.957, Stats., nor this rule allow the use of deferred prosecution agreements in OWI cases. Jus 19.07 HistoryHistory: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19. Jus 19.08Jus 19.08 Conditions post-conviction. The court or department of corrections may order a defendant convicted of an offense to participate in the program as a condition of probation, parole, or extended supervision if any of the following applies: Jus 19.08(1)(1) The defendant is being or has been sentenced for a 2nd or subsequent OWI offense. Jus 19.08(2)(2) The defendant has 2 or more OWI convictions and is being or has been sentenced for a non-OWI offense. Jus 19.08 HistoryHistory: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19. Jus 19.09Jus 19.09 Volunteers. A defendant with 2 or more OWI convictions may voluntarily participate in the program. A voluntary participant shall agree to abstain from alcohol and controlled substances while released on bond, on release under s. 969.01 (1), Stats., on probation, while participating in a deferred prosecution agreement, or on parole or extended supervision. Volunteers shall adhere to all program requirements.