DOC 328.07(3)(a) (a) Establish the offender's supervision fee payment.
DOC 328.07(3)(b) (b) Provide the offender with a copy of the fee schedule.
DOC 328.07(3)(c) (c) If sub. (5) is applicable, exempt the offender from paying the supervision fee.
DOC 328.07(4) (4)Reporting and verification of supervision fee. The department shall do all of the following:
DOC 328.07(4)(a) (a) Record all supervision fees paid by the offender.
DOC 328.07(4)(b) (b) Provide the offender access to a copy of the record of payments to verify receipt of payment.
DOC 328.07(5) (5)Exemptions.
DOC 328.07(5)(a)(a) Except as provided under par. (b), the department may exempt supervision fees if an offender meets one or more of the following conditions:
DOC 328.07(5)(a)1. 1. The offender has used all reasonable and appropriate means to obtain employment as determined by the offender's agent, but has been unable to obtain employment which provides the offender sufficient income to pay supervision fees.
DOC 328.07(5)(a)2. 2. The offender is a student enrolled in a full-time course of instruction. For the purpose of this subdivision, a “full-time course of instruction" means enrolled in an accredited course of instruction and registered for more than 9 credits in post secondary education or full-time high school or full-time junior high school. The offender shall provide a release of information to verify enrollment and registration of credits. If the offender fails to provide the release of information, no exemption may be given.
DOC 328.07(5)(a)3. 3. The offender is undergoing psychological, chemical, or medical treatment consistent with the supervision plan and is unable to be employed. The offender shall provide a release of information to verify participation.
DOC 328.07(5)(a)4. 4. The offender has a statement from a licensed health care provider excusing the offender from work for a medical reason and the offender is unable to be employed because of the medical reason.
DOC 328.07(5)(b) (b) An offender shall not receive an exemption if the department determines that the offender has the ability to pay despite his or her meeting one or more of the exemption criteria.
DOC 328.07(5)(c) (c) The agent shall make a determination concerning an offender's exemption from the supervision fee within 10 working days of receiving an offender for supervision or within 10 working days of a reported change in the offender's financial status.
DOC 328.07(5)(d) (d) An offender who is supervised by another state under an interstate compact transfer is not required to pay a supervision fee.
DOC 328.07(5)(e) (e) An offender who is serving a sentence in prison and has a concurrent supervision case is not required to pay a supervision fee.
DOC 328.07(5)(f) (f) The agent's supervisor shall review all exemptions from payment of the supervision fee.
DOC 328.07(6) (6)Refunds of supervision fees.
DOC 328.07(6)(a)(a) The department shall refund supervision fees only when the offender has paid in advance for a month that the offender was not under supervision.
DOC 328.07(6)(b) (b) The department will not make any refund to an offender for a partial month of supervision.
DOC 328.07(6)(c) (c) The department shall apply the refund to restitution ordered by the court or any other outstanding financial obligations required by the department or the court. The department shall refund to the offender the remainder of any unapplied funds.
DOC 328.07 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.08 DOC 328.08Financial obligations. When an offender is required to pay restitution or other financial obligations pursuant to state statute or court order, the following procedures apply:
DOC 328.08(1) (1)Acceptance and disbursement of payment. The department may at any time accept a payment from or on behalf of an offender, which is made pursuant to state statute or court order. The department shall transmit the payment to the department cashier for deposit in the offender's account. The cashier shall disburse funds from the account in accordance with the court order or state statute.
DOC 328.08(2) (2)Unpaid financial obligations.
DOC 328.08(2)(a)(a) For offenders who have not paid court ordered obligations, the department will provide notification to the sentencing court, district attorney, and victim at least 90 days prior to discharge.
DOC 328.08(2)(b) (b) If the department determines that the offender has made a good faith effort to pay ordered obligations, the department shall recommend the court order the restitution due be entered as a civil judgment in favor of the victims.
DOC 328.08(2)(c) (c) When the department determines that an offender who is on probation has not made a good faith effort to pay the ordered obligations, the department may recommend that the court extend the term of probation and modify any condition or recommend that the court enter a civil judgment in favor of the victims. The department shall inform the offender of his or her rights to a hearing and waiver under s. DOC 328.09 (2) and (3).
DOC 328.08 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.09 DOC 328.09Extension of probation.
DOC 328.09(1) (1)Department recommendation. The department may recommend that a court extend the probation period under s. 973.09 (3) (a), Stats.
DOC 328.09(2) (2)Hearing. If the department recommends extension of an offender's probation, the department shall notify the offender of the recommendation and the right to a court hearing.
DOC 328.09(3) (3)Waiver. An offender may knowingly and voluntarily waive the hearing in writing. The waiver shall state that:
DOC 328.09(3)(a) (a) The offender has read the notice, or has had it communicated to him or her, and understands the notice under this section.
DOC 328.09(3)(b) (b) The offender acknowledges that there is good cause for the extension.
DOC 328.09(3)(c) (c) The offender consents to an extension of the supervision for the specific period of time stated in the notice.
DOC 328.09(3)(d) (d) The offender was notified of the right to consult with an attorney before signing the waiver.
DOC 328.09 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.10 DOC 328.10 Funds and property.
DOC 328.10(1) (1)Disclosure of financial information. An agent may require the offender to disclose all financial information, including tax returns, financial institution account statements, and wage information, to assist in the management of the offender's financial resources.
DOC 328.10(2) (2)Monitoring of offender financial obligations. Receipting, remitting, and auditing of offender financial obligations shall be done in a manner consistent with department policies.
DOC 328.10(3) (3)Voluntary wage assignment. An agent may initiate a voluntary wage assignment against an offender's wages in order to assure collection of court ordered financial obligations and other fees. If married, the offender's spouse must also consent to the wage assignment.
DOC 328.10(4) (4)Emergency loans. The department may establish a revolving fund to provide emergency loans to offenders for the purchase of basic living necessities.
DOC 328.10(5) (5)Offender property. Agents shall not receive or store any property for an offender except as provided under s. DOC 328.23.
DOC 328.10(6) (6)Management of offender's financial resources.
DOC 328.10(6)(a)(a) An agent may assist in the management and disbursement of the financial resources of an offender if one of the following factors applies:
DOC 328.10(6)(a)1. 1. The offender requests assistance.
DOC 328.10(6)(a)2. 2. The agent believes that management is necessary to control the offender's funds.
DOC 328.10(6)(a)3. 3. The agent believes that management is necessary to ensure compliance with the offender's existing restitution orders, and other financial obligations, including payment of supervision or monitoring fees under ss. DOC 328.07, 332.18, 332.19, and 332.20.
DOC 328.10(6)(b) (b) When an agent manages funds under this section, the agent shall document all actions under this section as required by the department, including the reason the offender's money is being managed.
DOC 328.10(6)(c) (c) Management of the funds may be done only through a bank account in the offender's name. All financial resources of an offender managed by an agent shall be deposited directly into the offender's account upon receipt.
DOC 328.10 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.11 DOC 328.11Purchase of goods and services. If an offender requires assistance or materials that cannot reasonably be provided through any other available resource, the department may provide assistance in accordance with s. 301.08, Stats. Approval of the expenditure is necessary before services may be provided.
DOC 328.11 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.12 DOC 328.12Offender administrative review process.
DOC 328.12(1)(1)Purpose. The department shall provide offenders an opportunity for administrative review of certain decisions by allowing offenders to raise concerns regarding their supervision in an orderly manner.
DOC 328.12(2) (2)Scope. An offender may request administrative review to challenge any department decision affecting an offender except a decision concerning:
DOC 328.12(2)(a) (a) Revocation.
DOC 328.12(2)(b) (b) Custody and detention.
DOC 328.12(2)(c) (c) Denial of use or possession of firearms pursuant to federal or state law.
DOC 328.12(2)(d) (d) Special conditions or terms of supervision imposed by a court or the parole commission.
DOC 328.12(2)(e) (e) Decisions regarding early discharge from the term of supervision.
DOC 328.12(3) (3)Request for administrative review.
DOC 328.12(3)(a)(a) Prior to initiating a request for administrative review, the offender shall attempt to resolve the concern with the agent.
DOC 328.12(3)(b) (b) If the concern is not resolved under par. (a), the offender may file within a reasonable time a written request for administrative review to the agent's supervisor. The request and subsequent reviews shall be filed utilizing the department's forms.
DOC 328.12(3)(c) (c) The offender may request within a reasonable time a review of the supervisor's decision by the regional chief. If the concern is not resolved, the offender may request within a reasonable time a final review by the administrator.
DOC 328.12(4) (4)Effect of review of disputed decision. During the administrative review process, the affected parties shall comply with the decision under dispute.
DOC 328.12(5) (5)Expedited review. The department may expedite the review process under this section if the concern raised is time sensitive.
DOC 328.12 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.13 DOC 328.13Temporary travel.
DOC 328.13(1) (1) The department may authorize temporary out-of-state travel when it is consistent with the purpose and goals of the offender's supervision, applicable interstate compact provisions, and applicable civil commitment provisions. An offender may travel out of the state of Wisconsin only if he or she has submitted a written request and has received written authorization prior to the requested travel. The division may grant prior authorization for travel out of the state of Wisconsin as follows:
DOC 328.13(1)(a) (a) Agent approval is required for travel not to exceed 15 days.
DOC 328.13(1)(b) (b) Supervisory approval is required for travel exceeding 15 days.
DOC 328.13(1)(c) (c) Travel permits may be used to authorize multiple trips to another state during a specific time period.
DOC 328.13(2) (2) An authorization for temporary out of state travel shall specify that the offender is responsible for all of the following:
DOC 328.13(2)(a) (a) The costs incurred by the travel.
DOC 328.13(2)(b) (b) Reporting as required.
DOC 328.13(2)(c) (c) Returning to the state upon agent request at any time the offender is out of state.
DOC 328.13(2)(d) (d) Waiving extradition.
DOC 328.13(2)(e) (e) Carrying a travel permit.
DOC 328.13(3) (3) Offenders shall be allowed to travel to foreign countries only as follows:
DOC 328.13(3)(a) (a) As authorized by the sentencing court.
DOC 328.13(3)(b) (b) Upon verification of official military orders from the US Armed Forces or National Guard.
DOC 328.13 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.14 DOC 328.14Interstate transfer.
DOC 328.14(1) (1) If the department determines that transfer to another jurisdiction is in the best interests of an offender and consistent with the goals of this chapter, an interstate transfer may be initiated.
DOC 328.14(2) (2) An offender from another state, who has requested supervision and is present in Wisconsin prior to formal acceptance, is subject to the provisions of this chapter.
DOC 328.14(3) (3) An offender subject to supervision in another state will be accepted for supervision in Wisconsin if one of the following applies:
DOC 328.14(3)(a) (a) The offender meets the criteria established by the applicable interstate compact.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.