301.048 Intensive sanctions program.
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301.048 Intensive sanctions program.
(1)Program administration and design. The department shall administer an intensive sanctions program. The department shall design the program to provide all of the following:
(a)Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or extended supervision.
(b)Component phases that are intensive and highly structured.
(c)A series of component phases for each participant that is based on public safety considerations and the participant’s needs for punishment and treatment.
(2)Eligibility.
(am)Except as provided in par.
(bm), a person enters the intensive sanctions program only if he or she has been convicted of a felony and only under one of the following circumstances:
1. A court sentences him or her to the program under s. 973.032 .
2. He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This subdivision does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01 .
3. The parole commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06
(1x).
3m. A court or the department requires his or her participation in the program as a condition of extended supervision under s. 302.113
(7), 302.114
(d)or
(8), or 973.01
(5).
4. The department and the person agree to his or her participation in the program as an alternative to revocation of probation, extended supervision or parole.
1. In this paragraph, “violent offense” means:
a. A crime specified in s. 940.19
(3), 1999 stats., s. 940.195
(3), 1999 stats., s. 943.23
(1m), 1999 stats., s. 943.23
(1r), 1999 stats., s. 943.23
(1g), 2021 stats., s. 940.19
(4), 2023 stats., s. 940.19
(5), 2023 stats., s. 940.195
(4), 2023 stats., s. 940.195
(5), 2023 stats., s. 940.198
(2), 2023 stats., s. 940.20 , 2023 stats., s. 940.201 , 2023 stats., s. 940.203 , 2023 stats., or s. 940.204 , 2023 stats., or s. 940.01 , 940.02 , 940.03 , 940.05 , 940.06 , 940.08 , 940.09 , 940.10 , 940.21 , 940.225
(1)to
(3), 940.23 , 940.235 , 940.285
(a)1. or 2. , 940.29 , 940.295
(b)1g. , 1m. , 1r. , 2. , or 3. , 940.31 , 940.43
(1)to
(3), 940.45
(1)to
(3), 940.60
(a)or
(b), 940.61 , 940.62 , 940.65
(a)or
(b), 940.66
(2), 941.20
(2)or
(3), 941.26 , 941.30 , 941.327 , 943.01
(c), 943.011 , 943.013 , 943.02 , 943.04 , 943.06 , 943.10
(2), 943.231
(1), 943.30 , 943.32 , 946.43 , 947.015 , 948.02
(1)or
(2), 948.025 , 948.03 , 948.04 , 948.05 , 948.051 , 948.06 , 948.07 , 948.072 , 948.08 , 948.085 , or 948.30 .
b. A crime under federal law, the law of any other state or, prior to October 29, 1999, the law of this state that is comparable to a crime specified in subd. 1. a.
2. A person who has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness of or for a violent offense is not eligible for the intensive sanctions program.
(2m)Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under s. 973.01 is not eligible for the intensive sanctions program during the term of confinement in prison portion of the bifurcated sentence.
(3)Component phases.
(a)The department shall provide each participant with one or more of the following sanctions:
1. Placement in a Type 1 prison or a jail, county reforestation camp, residential treatment facility or community-based residential facility. The department may not place a participant under this paragraph for more than one year or, if applicable, the period specified by the court under s. 973.032
(b), whichever is shorter, except as provided in s. 973.032
(4).
2. Intensive or other field supervision.
3. Electronic monitoring.
4. Community service.
5. Restitution.
6. Other programs as prescribed by the department.
(b)The department may provide the sanctions under par.
(a)in any order and may provide more than one sanction at a time. Subject to the cumulative time restrictions under par.
(a)1. , the department may return to a sanction that was used previously for a participant. A participant is not entitled to a hearing regarding the department’s exercise of authority under this subsection unless the department provides for a hearing by rule.
(c)The department may provide a participant with alcohol or other drug abuse outpatient treatment and services or mental health treatment and services.
(d)A person may seek review of a final decision of the department of corrections, or of the division of hearings and appeals in the department of administration acting under s. 304.06
(3), relating to denials of eligibility for or placement in sanctions or relating to discipline or revocation under or termination from the intensive sanctions program only by the common law writ of certiorari.
(4)Status.
(a)A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub.
(am)1. or 2. is a prisoner. A participant entering the program under sub.
(am)3. is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub.
(am)3m. is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub.
(am)4. is a prisoner, except that he or she remains a probationer, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.