1. (1) Inmates who are convicted of a crime specified in ch. 940, Stats., or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, Stats., are excluded from eligibility for the challenge incarceration program.

2. (2) The department or sentencing court shall determine eligibility under one of the following:

   1. (a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.
   2. (b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

3. (3) The department may enroll an inmate in the program if all of the following criteria are met:

   1. (a) The inmate is determined to be eligible for participation under subs. (1) and (2).
   2. (b) The inmate has not attained the age of 40 on the date of program entry if sentenced on or after July 26, 2003 or the inmate has not attained the age of 30 on the date of program entry if sentenced before July 26, 2003.
   3. (c) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.
   4. (d) The inmate meets department determined physical, medical, and psychological criteria required for program participation.
   5. (e) The department determines the inmate has a substance abuse need.

   6. (f) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:

      1. 1. Department policy affecting enrollment in the program.
      2. 2. Department resources.
      3. 3. Inmate needs.
      4. 4. Inmate custody assignment.
      5. 5. Length of sentence being served.
      6. 6. Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.
4. (4) The department may determine participant privileges to support program objectives.
5. (5) For inmates sentenced for crimes committed before December 31, 1999, the department shall determine successful completion of the program and notify the parole commission who will parole the inmate for that sentence.
6. (6) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the program and notify the sentencing court of the successful completion to initiate a modification of the inmate’s sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.
7. (7) The department shall provide notice to an enrolled victim prior to an inmate’s release under this section.

History

History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.