Wisconsin Statutes
Wis. Stat. § 302.045 (2026)
Challenge incarceration program
✓ current as of July 2026
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302.045(1)(1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The department shall design the program to include not fewer than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.
302.045(2)(2) Program eligibility. Except as provided in sub. (4), the department may place any inmate in the challenge incarceration program if the inmate meets all of the following criteria:
302.045(2)(b)(b) The inmate has not attained the age of 40 as of the date the inmate will begin participating in the program.
302.045(2)(c)(c) The inmate is incarcerated regarding a violation other than a crime specified in ch. 940 or s. 941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b), not including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02 (3), 948.055, 948.075, or 948.095.
302.045(2)(cm)(cm) If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under s. 973.01 (3m) that the inmate is eligible for the challenge incarceration program.
302.045(2)(d)(d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.
302.045(2)(e)(e) The department determines that the inmate has no psychological, physical or medical limitations that would preclude participation in the program.
302.045(3)(3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.
302.045(3m)(a)(a) Except as provided in sub. (4), if the department determines that an inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the challenge incarceration program, the department shall inform the court that sentenced the inmate.
302.045(3m)(b)(b) Upon being informed by the department under par. (a) that an inmate whom the court sentenced under s. 973.01 has successfully completed the challenge incarceration program, the court shall modify the inmate’s bifurcated sentence as follows:
302.045(3m)(b)1.1. The court shall reduce the term of confinement in prison portion of the inmate’s bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under par. (a).
302.045(3m)(b)2.2. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.
302.045(3m)(c)(c) The court may not increase the total length of the bifurcated sentence when modifying a bifurcated sentence under par. (b).
302.045(3m)(d)(d) Upon receiving a court order modifying an inmate’s bifurcated sentence, the department shall release the inmate within 6 working days, as defined in s. 227.01 (14) and as computed in s. 990.001 (4).
302.045(3m)(e)(e) A person released under this subsection, his or her residence, and any property under his or her control may be searched by a law enforcement officer at any time during his or her period of supervision if the officer reasonably suspects that the person is committing, is about to commit, or has committed a crime or a violation of a condition of release to extended supervision. Any search conducted pursuant to this paragraph shall be conducted in a reasonable manner and may not be arbitrary, capricious, or harassing. A law enforcement officer who conducts a search pursuant to this paragraph shall, as soon as practicable after the search, notify the department.
302.045(4)(4) Intensive sanctions program participants. The department may place any intensive sanctions program participant in the challenge incarceration program. The participant is not subject to subs. (2), (3) and (3m).
302.045 HistoryHistory: 1989 a. 122; 1991 a. 39; 1993 a. 218, 227, 491; 1995 a. 456; 1997 a. 283; 2001 a. 109; 2003 a. 33; 2005 a. 277; 2007 a. 116; 2009 a. 28; 2011 a. 38; 2013 a. 79; 2021 a. 227.
302.045 AnnotationWhile an offender must meet the eligibility requirements of sub. (2) to participate in the challenge incarceration program, the trial court must, pursuant to s. 973.01 (3m), also determine if the offender is eligible for the program, in the exercise of its sentencing discretion. State v. Steele, 2001 WI App 160, 246 Wis. 2d 744, 632 N.W.2d 112, 00-2864.
302.045 AnnotationOnce the trial court has made an eligibility determination, the final placement determination is made by the Department of Corrections. This section provides that, if an inmate meets all of the program eligibility criteria, the department “may” place that inmate in the program. It is not the sentencing court’s function to classify an inmate to a particular institution or program. State v. Schladweiler, 2009 WI App 177, 322 Wis. 2d 642, 777 N.W.2d 114, 08-3119.
Notes of Decisions
Cited in 20
cases (6 in the last 5 years), 2001–2025 · leading case: State v. Steele, 2001 WI App 160 (Wis. Ct. App. 2001).
State v. Steele, 2001 WI App 160 (Wis. Ct. App. 2001). “Wisconsin Stat. § 973.01 is Wisconsin's "Truth-In-Sentencing" law, created by the Wisconsin legislature in 1997.”
State v. Schladweiler, 2009 WI App 177 (Wis. Ct. App. 2009). “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.”
State v. Sutton, 2006 WI App 118 (Wis. Ct. App. 2006). “195 (lr); participation in the challenge incarceration program under Wis. Stat. § 302.045 (3m); conditions of age or terminal illness under Wis.”
State v. Champion, 2002 WI App 267 (Wis. Ct. App. 2002). “Wis. Stat. § 302.045 (3m). In addition, inmates serving a life sentence may petition the court for release to extended supervision after reaching their extended supervision eligibility date, as imposed by the sentencing court.”
State v. Lehman, 2004 WI App 59 (Wis. Ct. App. 2004). “Arguing that the legislature delegated the authority to determine when an inmate is eligible for the CIP program to the DOC rather than the court, Lehman cites Wis. Stat. § 302.045 (2), which reads: *701 PROGRAM eligibility.”
State v. Dowdy, 2010 WI App 158 (Wis. Ct. App. 2010). “See Wis. Stat. §§ 302.045 (3m)(b)l., 302.05(3)(c)2.”
James Jones v. JoAnn Skalski, 494 F. App'x 667 (7th Cir. 2012). “Wis. Stat. § 302.045 (3m)(b). On November 21, 2008, prison superintendent JoAnn Skalski wrote a letter to Jones’s sentencing judge, James Daley of the Rock County Circuit Court, confirming that Jones had completed the program and asking the judge to authorize his release.”
State Ex Rel. Thomas v. Schwarz, 2007 WI 57 (Wis. 2007). “§ 302.045(3m)(b) . . . if applicable." ¶ 42 When Thomas was placed on parole in the pre-TIS case (the forgery case), he already had completed serving his term of confinement in the TIS case (the burglary case).”
Jones-El v. Grady, 54 F. App'x 856 (7th Cir. 2002). “Wis. Stat. § 302.045 . In a nutshell, the law allows certain inmates, selected by the department, to participate in a strenuous program of exercise, manual labor, substance abuse treatment, military-like drill, and counseling in exchange for a shorter sentence.”
State v. Yanda, 932 N.W.2d 182 (Wis. Ct. App. 2019). “See generally Wis. Stat. § 302.045 (2017-18). The ERP, also known as the substance abuse program, provides treatment to eligible inmates.”
State v. Ryan B. S. Tate, Jr. (Wis. Ct. App. 2025). “§ 302.045 (2023-24),2 and his DOC substance abuse needs classification were not new factors entitling him to sentence modification.”
State v. Edward W. Hatfield (Wis. Ct. App. 2023). “§ 302.045 (2021-22). The Substance Abuse Program provides substance abuse treatment.”
— Wis. Stat. § 302.045(1) — 3 cases
State v. Edward W. Hatfield (Wis. Ct. App. 2023). “§ 302.045 (2021-22). The Substance Abuse Program provides substance abuse treatment.”
State v. Les Paul Henderson (Wis. Ct. App. 2024).
State v. Ryan B. S. Tate, Jr. (Wis. Ct. App. 2025). “§ 302.045 (2023-24),2 and his DOC substance abuse needs classification were not new factors entitling him to sentence modification.”
— Wis. Stat. § 302.045(2) — 4 cases
State v. Steele, 2001 WI App 160 (Wis. Ct. App. 2001). “Wisconsin Stat. § 973.01 is Wisconsin's "Truth-In-Sentencing" law, created by the Wisconsin legislature in 1997.”
State v. Lehman, 2004 WI App 59 (Wis. Ct. App. 2004). “Arguing that the legislature delegated the authority to determine when an inmate is eligible for the CIP program to the DOC rather than the court, Lehman cites Wis. Stat. § 302.045 (2), which reads: *701 PROGRAM eligibility.”
State v. Ryan B. S. Tate, Jr. (Wis. Ct. App. 2025). “§ 302.045 (2023-24),2 and his DOC substance abuse needs classification were not new factors entitling him to sentence modification.”
State v. Les Paul Henderson (Wis. Ct. App. 2024).
— Wis. Stat. § 302.045(2)(b) — 1 case
State v. Maurice L. Williams (Wis. Ct. App. 2019).
— Wis. Stat. § 302.045(2)(c) — 1 case
State v. Romero M. Watson (Wis. Ct. App. 2024).
— Wis. Stat. § 302.045(2)(cm) — 3 cases
State v. Yanda, 932 N.W.2d 182 (Wis. Ct. App. 2019). “See generally Wis. Stat. § 302.045 (2017-18). The ERP, also known as the substance abuse program, provides treatment to eligible inmates.”
State v. Michael Lee Muehl (Wis. Ct. App. 2022).
State v. Edward W. Hatfield (Wis. Ct. App. 2023). “§ 302.045 (2021-22). The Substance Abuse Program provides substance abuse treatment.”
— Wis. Stat. § 302.045(3m)(b) — 4 cases
State v. Schladweiler, 2009 WI App 177 (Wis. Ct. App. 2009). “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.”
State Ex Rel. Thomas v. Schwarz, 2007 WI 57 (Wis. 2007). “§ 302.045(3m)(b) . . . if applicable." ¶ 42 When Thomas was placed on parole in the pre-TIS case (the forgery case), he already had completed serving his term of confinement in the TIS case (the burglary case).”
State v. Michael L. Winfield (Wis. Ct. App. 2020).
State v. Ryan B. S. Tate, Jr. (Wis. Ct. App. 2025). “§ 302.045 (2023-24),2 and his DOC substance abuse needs classification were not new factors entitling him to sentence modification.”
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