State v. David A. Lehman, 2004 WI App 59, PFR filed 3/4/04
For Lehman: Leonard D. Kachinsky
Issue/Holding: Sentencing court may impose 4-year waiting period for entry into Challenge Incarceration Program (“boot camp”), §§ 302.045, 973.01(3m):
¶17. The intent of the legislature is therefore advanced by an interpretation of Wis. Stat. § 973.01(3m) that allows a sentencing court to determine not only whether a defendant is eligible for the CIP, but also to set a date of eligibility within the term of confinement in prison. We agree with the State that “[a]llowing a sentencing court to use its discretion in determining when the defendant would be eligible for the CIP comports with the intent of the legislature.”
¶18. With this interpretation in mind, we determine that the sentencing court exercised its discretion in accordance with the authority granted to it by Wis. Stat. § 973.01(3m) when it imposed a four-year waiting period on Lehman’s CIP eligibility. The court considered the severity of the crimes, character of the offender, the interests of the community, and the need to protect the public when crafting Lehman’s sentence. This is precisely the sort of judicial discretion contemplated in the creation of sentencing policy in Wisconsin.