A crime under federal law, the law of any other state or, prior to October 29, 1999, the law of this state that is comparable to a crime specified in subd. 1. a.
A person who has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness of or for a violent offense is not eligible for the intensive sanctions program.
(2m) Persons serving bifurcated sentence; restricted eligibility.
A prisoner serving a bifurcated sentence imposed under s. 973.01
is not eligible for the intensive sanctions program during the term of confinement in prison portion of the bifurcated sentence.
The department shall provide each participant with one or more of the following sanctions:
Placement in a Type 1 prison or a jail, county reforestation camp, residential treatment facility or community-based residential facility. The department may not place a participant under this paragraph for more than one year or, if applicable, the period specified by the court under s. 973.032 (3) (b)
, whichever is shorter, except as provided in s. 973.032 (4)
The department may provide the sanctions under par. (a)
in any order and may provide more than one sanction at a time. Subject to the cumulative time restrictions under par. (a) 1.
, the department may return to a sanction that was used previously for a participant. A participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.
The department may provide a participant with alcohol or other drug abuse outpatient treatment and services or mental health treatment and services.
A person may seek review of a final decision of the department of corrections, or of the division of hearings and appeals in the department of administration acting under s. 304.06 (3)
, relating to denials of eligibility for or placement in sanctions or relating to discipline or revocation under or termination from the intensive sanctions program only by the common law writ of certiorari.
A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (am) 1.
is a prisoner. A participant entering the program under sub. (2) (am) 3.
is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (am) 3m.
is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (am) 4.
is a prisoner, except that he or she remains a probationer, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.
A participant who is a parolee for purposes of revocation is subject to revocation for violation of any condition of parole or any rule or condition applicable because he or she is a program participant. A participant who is a person on extended supervision for purposes of revocation is subject to revocation for violation of any condition of extended supervision or any rule or condition applicable because he or she is a program participant. A participant who is a probationer for purposes of revocation is subject to revocation for violation of any condition of probation or any rule or condition applicable because he or she is a program participant.
The department shall operate the program as a correctional institution. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02
and is a state prison as defined in s. 302.01
. Construction or establishment of the institution shall be in compliance with all state laws except s. 32.035
and ch. 91
. In addition to the exemptions under s. 13.48 (13)
, construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91
, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36
"Member of the family" means spouse, domestic partner under ch. 770
, child, sibling, parent or legal guardian.
"Victim" means a person against whom a crime has been committed.
As soon as possible after a prisoner, probationer, parolee or person on extended supervision who has violated s. 940.03
, 940.225 (1)
, 948.02 (1)
, or 948.085
enters the intensive sanctions program, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with par. (c)
and after receiving a completed card under par. (d)
The victim of the crime committed by the prisoner, probationer, parolee or person on extended supervision or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
Any witness who testified against the prisoner, probationer, parolee or person on extended supervision in any court proceeding involving the offense.
The department shall make a reasonable effort to send the notice to the last-known address of the persons under par. (b)
The department shall design and prepare cards for any person specified in par. (b)
to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable participant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b)
. These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1)
Any intentional failure of a participant to remain within the extended limits of his or her placement or confinement under sub. (3) (a)
or to return within the time prescribed by the administrator of the division is considered an escape under s. 946.42 (3) (a)
Except as provided in par. (b)
, the department may discharge a participant from participation in the program and from departmental custody and control at any time.
The department may discharge a participant who is on extended supervision under s. 302.113
from participation in the program at any time, but the person remains under departmental supervision under the terms of the person's bifurcated sentence imposed under s. 973.01
until the end of that sentence.
The department shall provide reimbursement to counties and others for the actual costs incurred under sub. (3)
, as authorized by the department, from the appropriations under s. 20.410 (1) (ab)
The department and the director of state courts shall educate judges, district attorneys, criminal defense attorneys, county sheriffs, jail administrators and members of the public regarding the intensive sanctions program.
The department shall promulgate rules to implement this section.
See also s. DOC 333.01
, Wis. adm. code.
Intensive Sanctions: A New Sentencing Option. Fiedler. Wis. Law. June 1992.
Read together, ss. 301.046 and 301.048 permit an escape charge when a prisoner in community residential confinement cuts off an electronic bracelet and fails to return. State v. Holliman, 180 Wis. 2d 348
, 509 N.W.2d 73
(Ct. App. 1993).
The extension under s. 973.032 of an intensive sanctions program placement period must be based on public safety considerations and the participant's need for punishment and treatment. All that needs to be shown at an extension hearing is that the participant has not made sufficient progress in the program and that more time is required to meet those concerns. State v. Turner, 200 Wis. 2d 168
, 546 N.W.2d 880
(Ct. App. 1996), 95-1295
Custody of a person in the intensive sanctions program under s. 301.048 exists for purposes of sentence credit under s. 973.155 only if the person's sanctions program sufficiently infringes upon the person's freedom to equate with being under the state's control for a substantial time. State v. Collett, 207 Wis. 2d 319
, 558 N.W.2d 642
(Ct. App. 1996), 96-1952
The department of corrections is not prevented form requiring a person on mandatory release parole to wear an electronic monitoring bracelet. State ex rel. Macemon v. Reynolds, 208 Wis. 2d 594
, 561 N.W.2d 779
(Ct. App. 1997), 96-0064
Administrative confinement may be followed by a criminal conviction for escape if both arise from a participant's leaving the halfway house where the participant was assigned under the intensive sanctions program. State v. Grosse, 210 Wis. 2d 172
, 565 N.W.2d 174
(Ct. App. 1997), 96-2027
Placement under this section does not confer a liberty interest. A return to prison after revocation of status under the program is a change from a lesser to a higher from of confinement. State ex rel. Harris v. Smith, 220 Wis. 2d 158
, 582 N.W.2d 131
(Ct. App. 1998), 97-2193
Except as provided in s. 301.048 (7), counties are responsible for the provision of medical and dental services, including psychiatric and alcohol and drug abuse services, to persons in the intensive sanctions program. 81 Atty. Gen. 156
Mother-young child care program. 301.049(1)
The department shall administer a mother-young child care program allowing females to retain, during participation in the program, the physical custody of their children.
The department shall provide the program for females who are:
On probation, extended supervision or parole and who, if approved by the department under par. (b)
, would participate in the program as an alternative to revocation of probation, extended supervision or parole.
A female covered under par. (a)
and her child may enter the program if all of the following conditions are met:
The department approves and the female covered under par. (a)
is pregnant or has a child who has not attained the age of one year.
The department shall do all of the following under the program:
Place program participants in the least restrictive placement consistent with community safety and correctional needs and objectives.
Provide a stable, safe and stimulating environment for each child participating in the program.
Provide program services with the goal of achieving a stable relationship between each mother and her child during and after participation in the program.
Prepare each mother to be able to live in a safe, lawful and stable manner in the community upon parole, extended supervision or discharge.
(4) Purchase of services.
The department shall purchase the services of a private, nonprofit organization to administer the mother-young child care program.
History: 1991 a. 39
; 1997 a. 283
Gifts; trustee duty.
The department may:
Accept gifts, grants or donations of money or property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and are appropriated as provided in s. 20.410 (1) (i)
Take and hold in trust all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust.
History: 1989 a. 31
Prisoner population limits.
The department shall promulgate rules providing limits on the number of prisoners at all state prisons, but excluding those prisoners confined in the institution authorized under s. 301.046 (1)
or in a Type 2 prison. The rules shall provide systemwide limits and limits for each state prison, except the department may provide a single limit for the Wisconsin correctional center system. The rules may provide procedures allowing the department to exceed any systemwide, institution or center system limit in an emergency situation.
History: 1989 a. 31
; Stats. 1989 s. 301.055; 1989 a. 107
; 1991 a. 39
; 1993 a. 16
Education and prevention.
The department may do all of the following:
Develop and maintain education and prevention programs.
Study causes and methods of prevention and treatment of juvenile delinquency and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state or private sources, and enlist the cooperation of other agencies and state departments.
History: 1989 a. 31
; 1995 a. 27
Religious organizations; contract powers. 301.065(1)(1)
Religious organizations; legislative purpose.
The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department relating to the prevention of delinquency and crime or the rehabilitation of offenders, on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
(2) Nondiscrimination against religious organizations.
If the department is authorized under ch. 16
to contract with a nongovernmental entity, or to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, to be contractors and grantees under any program administered by the department so long as the programs are implemented consistently with the first amendment to the U.S. Constitution
and article I, section 18, of the Wisconsin Constitution
. Except as provided in sub. (11)
, the department may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.
The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from government, including the organization's control over the definition, development, practice, and expression of its religious beliefs.
The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture, or other symbols to be eligible for a contract or grant.
(4) Rights of beneficiaries of assistance. 301.065(4)(a)(a)
If the department contracts with or awards grants to a religious organization for the provisions of crime prevention or offender rehabilitation assistance under a program administered by the department, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.
The department shall provide an individual who is otherwise eligible for assistance from an organization described under par. (a)
with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under par. (a)
and requests assistance from a nonreligious provider. The department shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.
(6) Nondiscrimination against beneficiaries.
A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the department on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.
Except as provided in par. (b)
, any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.
If the religious organization segregates funds provided under programs administered by the department into separate accounts, only the financial assistance provided with those funds shall be subject to audit.
Any party that seeks to enforce its rights under this section may bring a civil action for injunctive relief against the entity that allegedly commits the violation.
(9) Limitations on use of funds for certain purposes.
No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction, or proselytization.
(10) Certification of compliance.
Every religious organization that contracts with, or receives a grant from, the department to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of subs. (6)
and submit to the department a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under subs. (6)
Nothing in this section may be construed to preempt any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.
History: 2001 a. 16
Funding for certain community reintegration services.
From the appropriation under s. 20.410 (1) (d)
, the department shall provide $50,000 each fiscal year to Madison-area Urban Ministry, Inc., and $50,000 each fiscal year to Project Return for community reintegration services.