State v. Ashley B. Steele, 2001 WI App 160, PFR filed 6/25/01
For Steele: Christopher William Rose
Issue: Whether sentencing eligibility for “boot camp” is determined by bright-line statutory guidelines, or by exercise of trial court discretion.
¶12. While an offender must meet the eligibility requirements of Wis. Stat. § 302.045(2) to participate in the challenge incarceration program, pursuant to Wis. Stat. § 973.01(3m), the trial court must also determine if the offender is eligible for the program, in the exercise of its sentencing discretion. Here, the trial court determined that despite Steele’s qualifications under § 302.045(2), the seriousness of his offenses precluded his participation in the program. We cannot say that this constituted a misuse of the trial court’s broad sentencing discretion. We therefore affirm the order of the trial court.