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

Jus 19.09 Jus 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.

Jus 19.09 History History: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Jus 19.10 Jus 19.10 Testing.

Jus 19.10(1) (1) Testing may include any combination of breath testing, drug patch testing, blood testing, urinalysis, or transdermal alcohol monitoring, provided that the method selected supports either continuous monitoring or twice-a-day testing. Other testing methods or schedules may be used if approved by the agency and the department. The testing methods at each testing site shall be determined by the agency in collaboration with the department.

Jus 19.10(2) (2) An ignition interlock device, as defined in s. 340.01 (23v), Stats., is not an acceptable testing method for the program.

Jus 19.10(3) (3) The agency shall provide the testing equipment and may enter into a contract with a private vendor to obtain the equipment needed to carry out the program.

Jus 19.10 History History: EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5-1-19.

Jus 19.11 Jus 19.11 Compliance and sanctions.

Jus 19.11(1) (1) Enrollment. The court, department of corrections, or district attorney’s office shall inform the agency when a participant is ordered to participate in the program as a pretrial or postconviction condition, or agrees to participate in the program under a deferred prosecution agreement. A new participant shall contact the agency, within a time specified by the court, department of corrections, or district attorney, to enroll in the program. Enrollment commences when the participant signs the participation agreement and consent form as provided in s. Jus 19.04 (1) to (3). If the participant fails to enroll, the agency shall notify the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A court may issue a bench warrant directing law enforcement to take the participant into custody and ordering the participant to appear before the court. Volunteers may enroll by contacting a testing site.

Jus 19.11(2) (2) Failing a test.

Jus 19.11(2)(a) (a) A test that reveals the presence of alcohol or a controlled substance is a violation of the participation agreement and shall result in a sanction.

Jus 19.11(2)(b) (b) If a test reveals the presence of alcohol or a controlled substance, the agency may conduct a confirmation test.

Jus 19.11(2)(c) (c) If a test reveals the presence of alcohol or a controlled substance, the agency may take the participant into custody for a violation of the participation agreement.

Jus 19.11(2)(d) (d) According to whether program participation is a pretrial, postconviction, or deferred prosecution condition, the agency shall immediately notify the court, the department of corrections, or the district attorney that the participant has violated the participation agreement by failing a test.

Jus 19.11(3) (3) Missing or being late for a test.

Jus 19.11(3)(a) (a) Missing a test at a designated time at the designated testing site without the agency’s approval is a violation of the participation agreement and may result in a sanction. The agency may consider a participant who is late for on-site testing in violation of the participation agreement and may impose a sanction.

Jus 19.11(3)(b) (b) If a participant fails to appear for a scheduled test, the agency shall immediately notify the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition. A court may issue a bench warrant directing law enforcement to take the participant into custody and ordering the participant to appear before the court.

Jus 19.11(3)(c) (c) Unless prior arrangements have been made between the participant and the agency, a test at a nondesignated testing site is a violation of the participation agreement.

Jus 19.11(3)(d) (d) At the discretion of the agency, a participant who must travel outside the area of the designated testing site may be tested at an alternative location with advance written approval from the agency.

Jus 19.11(3)(e) (e) The agency may excuse a participant from a scheduled test based upon exigent circumstances, including inclement weather, emergency, or documented health problems.

Jus 19.11(3)(f) (f) The agency shall record in the data collection system a participant’s failure to appear for a test or a participant’s excused absence from a test.

Jus 19.11(4) (4) Tampering with a test.

Jus 19.11(4)(a) (a) The agency shall impose a sanction on a participant who tampers with a test.

Jus 19.11(4)(b) (b) A participant who damages any equipment in the course of tampering with a test shall reimburse the agency for the cost of the damaged equipment.

Jus 19.11(4)(c) (c) The agency shall record the tampering as a violation of the participation agreement in the data collection system.

Jus 19.11(5) (5) Standing order. A court may issue a standing order establishing procedures for taking into custody participants who have violated a participation agreement in any way, including using alcohol or any controlled substance, failing a test, missing a test, being late for on-site testing, or tampering with a test.