Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a)
or 969.03 (1) (a)
. The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.
Supervise all persons placed in a state prison under s. 938.183
, all persons placed under court-ordered departmental supervision under s. 938.34 (2)
, all persons placed in the serious juvenile offender program under s. 938.34 (4h)
, all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m)
or 938.357 (4)
, all persons placed under community supervision under s. 938.34 (4n)
or 938.357 (4)
, and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g)
Execute the laws relating to the detention, reformation, and correction of delinquent juveniles placed under its jurisdiction.
Supervise all juveniles under its jurisdiction who have been adjudicated delinquent and exercise such functions as the department considers appropriate for the prevention of delinquency.
Promote the enforcement of laws for the protection of delinquent juveniles under its jurisdiction. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48
, the department of children and families, county departments under ss. 46.215
, and 46.23
, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938
in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.
Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.
Provide educational programs in all juvenile correctional facilities operated by the department.
Provide health services and psychiatric services for residents of all juvenile correctional facilities operated by the department.
Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48
waives its jurisdiction under s. 938.18
as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3)
By February 1, 2002, submit a report to the legislature under s. 13.172 (2)
concerning the extent to which the department has required pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation or parole and the effectiveness of the treatment in the cases in which its use has been required.
Cooperate and coordinate its activities with other state and local agencies to provide educational, social, health and other services to offenders, except as provided in s. 302.386 (5)
Annually notify each person who has been discharged from probation, extended supervision or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.
Upon request of the department of revenue, disclose information to the department of revenue concerning a prisoner, probationer or parolee or a person registered under s. 301.45
for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
On or before August 1 of each even-numbered year, provide to the department of health services an estimate of the total proposed budget that the department of corrections will submit in its biennial budget request under s. 16.42
Except as provided in s. 301.12 (14) (b)
, establish a uniform system of fees for juvenile correctional services purchased or provided by the department or purchased by a county department under s. 46.215
, or 46.23
, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215
, or 46.23
shall apply the fees that it collects under this program to cover the cost of those services.
Except as provided in s. 301.12 (14) (b)
, hold liable for the services purchased or provided under par. (a)
in the amount of the fee established under par. (a)
any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1)
who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.
Make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under par. (b)
. This paragraph does not apply to the recovery of fees for the care and services specified under s. 301.12
Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the collection and deportation counsel appointed under s. 301.12 (7)
or the secretary, shall be evidence of the services provided and the fees charged for those services.
Delegate to county departments under s. 46.215
and other providers of care and services the powers and duties vested in the department by pars. (c)
as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.
Return to county departments under s. 46.215
50 percent of collections made by the department for delinquent accounts previously delegated under par. (e)
and then referred back to the department for collections.
Subject to sub. (20)
, work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b)
, who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c)
, 1997 stats., s. 980.08 (5)
, 2003 stats., or s. 980.08 (4) (g)
Except as provided in s. 304.06 (2m) (b)
, place, in one of the following locations, each person who has been convicted of a sex offense, as defined in s. 301.45 (1d) (b)
, upon his or her release to parole or extended supervision:
The county in which the person resided on the date of the sex offense.
The county in which the person was convicted of the sex offense.
(b) Paragraph (a)
does not preclude the department from authorizing a person to reside in a location other than one listed in par. (a) 1.
if the department initially placed the person in one of those listed locations.
Transmit to the elections commission, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.
Provide probation, assessment, treatment, and other community treatment options for persons convicted of a 2nd or 3rd offense counted under s. 343.307 (1)
with no waiting list for services. If the moneys appropriated under s. 20.410 (1) (bd)
are not sufficient to fully fund the services with no waiting list, the department shall notify the joint committee on finance.
History: 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
, 9126 (19)
; 1995 a. 77
; 1997 a. 27
; 1999 a. 9
; 2001 a. 16
; 2003 a. 321
; 2005 a. 344
; 2007 a. 1
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 96
; 2009 a. 28
; 2011 a. 32
; 2013 a. 196
; 2015 a. 55
See also DOC
, Wis. adm. code.
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich, 98 Wis. 2d 274
, 296 N.W.2d 742
Section 46.10 (18) and s. 46.10 (3) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. In Interest of A.L.W. 153 Wis. 2d 412
, 451 N.W.2d 416
Section 46.01 (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery. Section 46.10 governs enforcement procedure and allows courts to exercise discretion. In Matter of S.E. Trust, 159 Wis. 2d 709
, 465 N.W.2d 231
(Ct. App. 1990).
The uniform fee system under s. 46.01 (18) and s. 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. Interest of Kevin C. 181 Wis. 2d 146
, 510 N.W.2d 746
(Ct. App. 1993).
NOTE: The above-cited cases relate to uniform fee schedules for services provided by predecessor agencies to the department of corrections under s. 46.03 (18).
County youth corrections budget and contract. 301.031(1)(a)(a)
Each county department under s. 46.215
, or 46.23
shall submit to the department by December 31 annually its final budget for juvenile correctional services purchased.
(2) Assessment of needs.
Before developing and submitting a proposed budget for the purchase of juvenile correctional services to the county executive or county administrator or the county board, the county departments listed in sub. (1)
shall assess needs and inventory resources and services, using an open public participation process.
The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for the purchase of juvenile correctional services and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.
The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for the purchase of juvenile correctional services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.
The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215
, and 46.23
and providers of juvenile correctional services to the committee for review and approval.
The department, after reasonable notice, may withhold a portion of the appropriation allocated to a county department under s. 46.215
if the department determines that that portion of the allocated appropriation:
Is for juvenile correctional services that duplicate or are inconsistent with services being purchased or provided by the department or other county departments receiving grants-in-aid or reimbursement for the purchase of those services.
Is inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for provision of juvenile correctional services by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.
Is for the treatment of alcoholics and persons who are drug dependent in treatment facilities which have not been approved by the department of health services in accordance with s. 51.45 (8)
Is for inpatient treatment in excess of an average of 21 days, as provided in s. 51.423 (12)
, excluding care for patients at the centers for the developmentally disabled.
Is inconsistent with the provisions of the county department's contract under sub. (2g)
If the department withholds a portion of the allocable appropriation under par. (a)
, the county department affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent or the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.
Except as provided in par. (b)
, the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish, in accordance with subd. 2.
, a citizen advisory committee to the county departments under ss. 46.215
. The citizen advisory committee shall advise in the formulation of the budget under sub. (1)
If the citizen advisory committee established under s. 46.031 (3) (a)
does not also serve as the citizen advisory committee under subd. 1.
, membership on the committee under subd. 1.
shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. The committee's membership may not consist of more than 25 percent county supervisors, nor of more than 20 percent service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.
The county board of supervisors or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under sub. (2)
. The county board of supervisors may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under par. (a)
is not required.
The county board of supervisors or its designated agent, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under par. (a)
or a report on the open public participation process under par. (b)
on or before July 1 of each year.
Juvenile correctional services; supervisory functions of state department. 301.032(1)(a)(a)
The department shall supervise the administration of juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of juvenile correctional services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
All records of the department and all county records relating to juvenile correctional services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2)
and 938.396 (2)
, all county records relating to the purchase of those services shall be open to inspection at all reasonable hours by authorized representatives of the department.
The department may at any time audit all county records relating to the purchase of juvenile correctional services. If the department conducts such an audit in a county, the department shall furnish a copy of the audit report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21
, or 46.23
The county administration of all laws relating to the purchase of juvenile correctional services shall be vested in the officers and agencies designated in the statutes.
Division of hearings and appeals; administrator's general duties.
The administrator of the division of hearings and appeals in the department of administration shall:
Serve as the appointing authority of the employees of the division under s. 230.06
After consultation with the department of corrections, promulgate rules relating to the exercise of the administrator's and the division's powers and duties.
See also ch. HA 2
, Wis. adm. code.
The department may sue and be sued.
History: 1989 a. 31
The Department of Corrections (DOC) is entitled to sovereign immunity. The DOC lacks sufficient attributes to render it an independent going concern. Despite the breadth of its statutory powers, the character of those powers reveals that the legislature did not intend the DOC to be anything other than an arm of the state. The legislature has not expressly waived the DOC's sovereign immunity. This section is not an express waiver of the DOC's tort immunity but rather addresses the DOC's capacity to be sued. Mayhugh v. State, 2015 WI 77
, 364 Wis. 2d 208
, 867 N.W.2d 754
The secretary may inquire into any matter affecting corrections and hold hearings, subpoena witnesses and make recommendations on such matters to the appropriate public or private agencies.
History: 1989 a. 31
Community residential confinement. 301.046(1)(1)
The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. 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
(2) Inmate, officer and employee status.
Inmates confined under sub. (1)
are under the care and control of the institution, subject to its rules and discipline and subject to all laws pertaining to inmates of other correctional institutions. Courts may not directly commit persons to the institution under sub. (1)
. Officers and employees of the institution are subject to the same laws pertaining to other correctional institutions.
The department shall determine those prisoners who are confined under sub. (1)
. Except as provided in subs. (3m)
, a prisoner is eligible for this confinement only under all of the following conditions:
The prisoner is eligible for parole under s. 304.06 (1) (b)
or is serving a sentence that is not longer than 3 years.
(3m) Intensive sanctions program participants.
The department may confine any intensive sanctions program participant under sub. (1)