Section 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.(c) Fee schedule, listing fee types enumerated in s. Jus 19.12(1) (a) and amount of each fee.(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.(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.(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.(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.(6) A participant may not be enrolled in the program while in physical custody.(7) A person on work release may be ordered to participate in the program or may volunteer to participate in the program.(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.Wis. Admin. Code Department of Justice Jus 19.04
Adopted by, EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5/1/2019