Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Agency" means a sheriff's office or an entity designated by a sheriff of a
			 county selected by the department to participate in the frequent sobriety
			 testing pilot program.
(2) "Alcohol
			 concentration" means the alcohol content of blood, breath, or urine by
			 weight.
(3) "Breath test" means the
			 collection of a breath sample to measure breath alcohol
			 concentration.
(4) "Continuous
			 monitoring" means breath or transdermal testing for the presence of alcohol
			 that is conducted at least once every hour.
(5) "Controlled substance" has the meaning
			 given in s. 961.01(4),
			 Stats.
(6) "Court" means a circuit
			 court in the state of Wisconsin.
(7) "Data collection system" means a computer
			 application providing for the entry of specific, structured variables into a
			 database to track key data elements for analysis and reporting.
(8) "Deferred prosecution agreement" means a
			 written agreement between a criminal defendant and a district attorney in which
			 the district attorney agrees to suspend the prosecution for a specified period
			 provided that the defendant complies with conditions included in the
			 agreement.
(9) "Department" means
			 the department of justice.
(10)
			 "District attorney" means the district attorney of a county participating in
			 the program who has jurisdiction over the prosecution of a
			 participant.
(11) "Drug patch"
			 means any type of device affixed to a person's skin to test for the presence of
			 controlled substances in the person's body.
(12) "Non-OWI offense" means an offense that
			 is not an OWI offense.
(13m) "OWI
			 conviction" means a conviction under s.
			 940.09(1) or
			 940.25, Stats., or a suspension,
			 revocation, or other conviction as enumerated in s.
			 343.307(1),
			 Stats.
(14m) "OWI offense" means a
			 violation of s. 940.09(1) or
			 940.25, Stats., or the statutes,
			 laws, and local ordinances enumerated in s.
			 343.307(1),
			 Stats.
(15) "Participant" means an
			 adult person who has been ordered by a court or the department of corrections
			 to refrain from using alcohol or controlled substances, or both, as a condition
			 of release and has been ordered by a court or the department of corrections to
			 participate in the program. "Participant" also means an adult person who has
			 agreed to participate in the program as a condition of a deferred prosecution
			 agreement or who volunteers to participate in the program.
(16) "Participation agreement" means an
			 agreement between a participant and an agency in which the participant agrees
			 to comply with the program requirements.
(17) "Program" means the frequent sobriety
			 testing pilot program, which requires a participant to abstain from the use of
			 alcohol or a controlled substance, or both, for a specified period of time,
			 during which the participant shall submit to twice-a-day or continuous testing
			 of the participant's blood, breath, urine, or other bodily substance, in order
			 to determine if alcohol or a controlled substance, or both, is present in the
			 participant's body.
(18) "Sanction"
			 means a consequence imposed for a violation of the participation agreement and
			 may include arrest.
(19) "Testing"
			 has the meaning given in s.
			 165.957(1) (b),
			 Stats.
(20) "Testing site" means
			 the facility designated by the agency and approved by the department where the
			 program shall be administered including testing, installation of remote
			 transdermal alcohol monitoring equipment, collection of fees from participants,
			 and entry of participant information into the data collection system. An agency
			 may designate more than one testing site.
(21) "Transdermal alcohol monitoring" means
			 the use of a device to detect alcohol in a person's body by measuring ethanol
			 vapors released through the skin.
(22) "Twice-a-day testing" means testing a
			 participant for the use of alcohol at least twice daily, with testing times
			 approximately 12 hours apart.
(23)
			 "Urinalysis testing" means collecting and analyzing urine specimens to detect
			 the presence of alcohol or controlled substances, or both.