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 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)
(3t) Persons serving bifurcated sentence; restricted eligibility.
A prisoner serving a bifurcated sentence imposed under s. 973.01
is not eligible for confinement under sub. (1)
during the term of confinement in prison portion of the bifurcated sentence.
"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.
Before a prisoner is confined under sub. (1)
for a violation of s. 940.03
, 940.225 (1)
, 948.02 (1)
, or 948.085
, 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 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 in any court proceeding involving the offense.
The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is confined under sub. (1)
, 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 prisoner 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)
Before a prisoner is confined under sub. (1)
, the department shall notify the police chief of any community and the sheriff and district attorney of any county where the prisoner will be confined.
(5) Electronic surveillance.
The department shall monitor any prisoner's confinement under sub. (1)
by the use of an electronic device worn continuously on the prisoner's person or by the confinement of the prisoner in supervised places designated by the department. The department may permit the prisoner to leave confinement for employment, education or other rehabilitative activities.
Any intentional failure of a prisoner to remain within the extended limits of his or her confinement or to return within the time prescribed by the superintendent is considered an escape under s. 946.42 (3) (a)
See also s. DOC 327.01
, Wis. adm. code.
Read together, ss. 301.045 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).
An inmate does not have a constitutionally protected liberty interest in maintaining his status under this section. Santiago v. Ware, 205 Wis. 2d 295
, 556 N.W.2d 356
(Ct. App. 1996), 95-2453
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 community residential confinement program. 81 Atty. Gen. 156
Inmate rehabilitation and aftercare. 301.047(1)
The department may permit one or more nonprofit community-based organizations meeting the requirements of this section to operate an inmate rehabilitation program in any department facility if the department determines that operation of that program does not constitute a threat to the security of the facility or the safety of inmates or the public and that operation of the program is in the best interest of the inmates.