Current through August 26, 2024
(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.
(2) FAILING A TEST.
(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.
(b)
If a test reveals the presence of alcohol or a controlled substance, the agency
may conduct a confirmation test.
(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.
(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.
(3) MISSING OR BEING LATE FOR A TEST.
(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.
(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.
(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.
(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.
(e) The
agency may excuse a participant from a scheduled test based upon exigent
circumstances, including inclement weather, emergency, or documented health
problems.
(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.
(4) TAMPERING WITH A TEST.
(a) The agency shall impose a sanction on a
participant who tampers with a test.
(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.
(c) The
agency shall record the tampering as a violation of the participation agreement
in the data collection system.
(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.
