(9) The agency may terminate a voluntary participant for failure to pay required program fees.
(10) The court or department of corrections or district attorney in a deferred prosecution agreement may recommend a reduction or waiver of fees for a participant. However, the agency shall make the final determination on a fee reduction or waiver. The agency may decline to enroll a person in the program if any fees were reduced or waived without the agency’s consent. Regardless of any fee reduction or waiver, the agency shall remit to the department the portion of the total fees collected according to its agreement with the department.
Jus 19.13 Reporting requirements and data collection system. (1) An agency shall use the data collection system designated by the department to track participant information, to record testing data, and to monitor fees collected.
(2) The agency shall report the following information about a participant: enrollment information; demographic information; type, frequency, and duration of program participation; compliance with enrollment procedures; execution of participation agreement and consent form; testing results and notifications; discharge information; fees and other money due and collected; and additional information requested by the department.
(3) Data collection shall occur on an ongoing basis as participants are enrolled in or discharged from the program and as tests are completed. All data shall be entered or uploaded in the data collection system as soon as possible, preferably within 48 hours, after being gathered or received by the agency or testing site.
(4) All information in the data collection system shall be kept current and confidential as required by law. The accuracy and completeness of the data is the responsibility of the agency.
(5) The department shall communicate with agencies on at least a quarterly basis about key statistics and performance metrics, to help monitor data quality and program progress. Agencies shall address and respond to any data quality issues identified through this process.
(6) The department shall use the data provided by the agencies to evaluate program outcomes and effectiveness as required by s. 165.957(7), Stats. (7) The department may require participating agencies, courts, the department of corrections, and district attorneys to provide specific information on program functioning and operations as part of the evaluation process required by s. 165.957(7)(b) and (c), Stats. Jus 19.14 Reimbursement for lost or damaged equipment. (1) A participant who loses or intentionally damages any testing equipment shall reimburse the agency for the lost or damaged equipment.
(2) Any amount owed by the participant as reimbursement for lost or damaged equipment shall be assessed to the participant and paid to the participating county’s frequent sobriety testing pilot program fund.
(3) The agency shall report any failure by a participant to pay an assessed reimbursement to the court, or the department of corrections, or the district attorney, as applicable. A participant who fails to pay the reimbursement may be taken into custody or a court may issue an arrest warrant for the participant.
Jus 19.15 Discharge from the program. (1) A participant is discharged from the program upon completion of the program requirements, administrative discharge, or termination from the program.
(2) Completion means the participant has successfully complied with the program requirements for the duration specified.
(3) Termination from the program means that the court, the department of corrections, or the district attorney, as applicable, has removed the participant from the program due to the participant’s violation of program requirements.
(4) Administrative discharge may occur if the court, the department of corrections, or the district attorney, as applicable, has determined that the participant is no longer required to participate in the program or the participant is unable to continue program participation.
(5) If the participant was in the program as a condition of bond or other pre-trial release, completion of the program means there has been a final disposition of the criminal charge, including acquittal or conviction and imposition of sentence.
(6) If the participant was in the program on a deferred prosecution agreement, completion of the program means the requirements of the deferred prosecution agreement have been met and there has been a final disposition of the criminal charge.
(7) If the participant was in the program as a condition of probation, parole, or extended supervision, completion of the program means the participant has served the time and satisfied the conditions set by the court in the order of probation, parole, or extended supervision.
(8) When a participant has been discharged from the program, the court, department of corrections, or district attorney, as applicable, shall inform the agency.
(9) The agency shall enter the participant’s discharge from the program into the data collection system upon notification that the participant has completed the program or been terminated from the program.
Jus 19.16 Repeat participant. The court, department of corrections, or district attorney, with concurrence of the agency, may authorize a participant to repeat the program no more than two times after the participant has been discharged from the program.
SECTION 2. EFFECTIVE DATE. These emergency rules shall take effect upon publication in the official state newspaper.
Dated this 5th day of April, 2017.
WISCONSIN DEPARTMENT OF JUSTICE
_/s/___________________________________
Brad D. Schimel, Attorney General
These emergency rules were approved in writing by the Governor on ____June 9________, 2017, pursuant to Wis. Stat. § 227.24(1)(e)1g.
