State v. Jeremy D. Schladweiler, 2009 WI App 177
Pro se
Issue/Holding:
¶9 Commonly referred to as “boot camp,” the CIP is governed by Wis. Stat. § 302.045, which provides that “the [DOC] shall provide a challenge incarceration program for inmates selected to participate” after meeting the eligibility requirements for the program. Sec. 302.045(1). …
¶10 Once the trial court has made an eligibility determination, the final placement determination is made by the DOC —the statute provides that, if an inmate meets all of the program eligibility criteria, the DOC “may” place that inmate in the program. Wis. Stat. § 302.045(2). Contrary to Schladweiler’s contention, it is not the sentencing court’s function to classify an inmate to a particular institution or program; this authority lies solely with the DOC. See State v. Lynch, 105 Wis. 2d 164, 168, 312 N.W.2d 871 (Ct. App. 1981) (Once a prison term is selected, the trial court may not order specific treatment; control over the care of prisoners is vested by statute in the overseeing department.). Thus, even when a sentencing court decides that a defendant is eligible for the CIP, the final placement decision is vested with the DOC.
