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.
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 from 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
Intensive Sanctions: A New Sentencing Option. Fiedler. Wis. Law. June 1992.
Mother-young child care program. 301.049(1)(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.
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.
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.
Rights of beneficiaries of assistance. 301.065(4)(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.
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.
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.
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
Community services to reduce recidivism. 301.068(1)(1)
The department shall establish community services that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing by 2010-11 the recidivism rate of persons who are on probation, parole, or extended supervision following a felony conviction. In establishing community services under this section, the department shall consider the capacity of existing services and any needs that are not met by existing services.
The community services to reduce recidivism under sub. (1)
shall include all of the following:
Alcohol and other drug treatment, including residential treatment, outpatient treatment, and aftercare.
Treatment and services that evidence has shown to be successful and to reduce recidivism.
The department shall ensure that community services established under sub. (1)
meet all of the following conditions:
The community services target offenders at a medium or high risk for revocation or recidivism as determined by valid, reliable, and objective risk assessment instruments that the department has approved.
The community services provide offenders with necessary supervision and services that improve their opportunity to complete their terms of probation, parole, or extended supervision. The community services may include employment training and placement, educational assistance, transportation, and housing. The community services shall focus on mitigating offender attributes and factors that are likely to lead to criminal behavior.
The community services use a system of intermediate sanctions on offenders for violations.
The community services are based upon assessments of offenders using valid, reliable, and objective instruments that the department has approved.
The department shall develop a system for monitoring offenders receiving community services under this section that evaluates how effective the services are in decreasing the rates of arrest, conviction, and imprisonment of the offenders receiving the services.
The department shall provide to probation, extended supervision, and parole agents training and skill development in reducing offenders' risk of reoffending and intervention techniques and shall by rule set forth requirements for the training and skill development. The department shall develop policies to guide probation, extended supervision, and parole agents in the supervision and revocation of offenders on probation, extended supervision, and parole and develop practices regarding alternatives to revocation of probation, extended supervision, or parole. To the extent practicable, the department shall incorporate the practices into the system developed under s. 301.03 (3) (a)
The department shall annually submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3)
, and the director of state courts. The report shall set forth the scope of the community services established under sub. (1)
; the number of arrests of, convictions of, and prison sentences imposed on offenders receiving the community services under this section; and the progress toward recidivism reduction.
History: 2009 a. 28
; 2013 a. 196