301.065(8)
(8) Compliance. 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.
301.065(9)
(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.
301.065(10)
(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
(9) 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) and
(9).
301.065(11)
(11) Preemption. 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.
301.065 History
History: 2001 a. 16.
301.07
301.07
Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections and may enter into contracts with the federal government under
18 USC 5003.
301.075
301.075
Disbursement of funds and facsimile signatures. Withdrawal or disbursement of moneys deposited in a public depository, as defined in
s. 34.01 (5), to the credit of the department or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary or by one or more persons in the department designated by written authorization of the secretary. The checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary or the secretary's designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing the facsimile signature notwithstanding that the facsimile signature may have been placed on the check, share draft or other draft without the authority of the secretary or the designees.
301.075 History
History: 1989 a. 31.
301.08
301.08
Purchase of care and services. 301.08(1)(a)(a) The department may contract with public or voluntary agencies or others to:
301.08(1)(a)1.
1. Purchase in full or in part care and services which it is authorized by any statute to provide as an alternative to providing such care and services itself.
301.08(1)(a)2.
2. Purchase or provide in full or in part the care and services which county agencies may provide or purchase under any statute and to sell to county agencies such portions thereof as the county agency may desire to purchase.
301.08(1)(a)3.
3. Sell services, under contract, which the department is authorized to provide by statute, to any federally recognized tribal governing body.
301.08(1)(b)1.
1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, placed on probation or lifetime supervision to the department by a court of record, or released from a state correctional or penal institution. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.
301.08(1)(b)2.
2. Contract with one public, private or voluntary agency for the supervision, maintenance and operation of one minimum security correctional institution in a county having a population of 500,000 or more. To be eligible, an agency must have prior relevant experience.
301.08(1)(b)3.
3. Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of secured correctional facilities, residential care centers for children and youth, as defined in
s. 938.02 (15d), and secured child caring institutions for the placement of juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4d),
(4h), or
(4m). The department may designate a secured correctional facility, residential care center for children and youth, or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in
s. 938.02 (20), and may designate a residential care center for children and youth or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in
s. 938.02 (19r).
301.08(1)(b)4.
4. Contract with not more than 5 counties or with not more than 5 consortia of counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.
301.08(1)(c)2.2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers, parolees and persons on extended supervision who are under minimum supervision or administrative supervision.
301.08(1)(c)3.
3. Except as provided in
subd. 3m., a contract under
subd. 2. shall authorize a vendor to charge a fee to probationers, parolees and persons on extended supervision sufficient to cover the cost of supervision and administration of the contract.
301.08(1)(c)3m.
3m. A contract under
subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer, parolee or person on extended supervision who is supervised under the contract if the probationer, parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:
301.08(1)(c)3m.a.
a. The probationer, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.
301.08(1)(c)3m.b.
b. The probationer, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer, parolee or person on extended supervision should be excused from working for medical reasons.
301.08(1)(c)4.
4. If the department collects any moneys from a vendor under a contract under
subd. 2., the department shall credit those moneys to the appropriation account under
s. 20.410 (1) (ge).
301.08(1)(c)5.
5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers, parolees and persons on extended supervision supervised by a vendor who contracts with the department under
subd. 2. and shall promulgate rules defining "administrative supervision" and "minimum supervision".
301.08(2)(a)(a) All care and services purchased by the department and all care and services relating to juvenile delinquency purchased by a county department under
s. 46.215,
46.22 or
46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under
s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in
s. 16.75.
301.08(2)(b)
(b) All care and services purchased shall meet standards established by the department and other requirements specified by purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of those services, and document the specific services in meeting the service plan for the client and the objective of the service.
301.08(2)(c)1.1. Purchase of service contracts shall be written in accordance with rules and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and for each service the number of clients to be served, number of client service units, the unit rate per client service and the total dollar amount for each service.
301.08(2)(c)2.
2. Payments under a contract may be made on the basis of actual allowable costs or on the basis of a unit rate per client service multiplied by the actual client units furnished each month. The contract may be renegotiated when units vary from the contracted number. The purchaser shall determine actual marginal costs for each service unit less than or in addition to the contracted number.
301.08(2)(c)3.
3. For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department.
301.08(2)(c)4.
4. Reimbursement to an agency may be based on total costs agreed to by the parties regardless of the actual number of service units to be furnished, when the agency is entering into a contract for a new or expanded service that the purchaser recognizes will require a start-up period not to exceed 180 days. The reimbursement applies only if identified client needs necessitate the establishment of a new service or expansion of an existing service.
301.08(2)(c)5.
5. If the purchaser finds it necessary to terminate a contract prior to the contract expiration date for reasons other than nonperformance by the provider, actual cost incurred by the provider may be reimbursed for an amount determined by mutual agreement of the parties.
301.08(2)(c)6.
6. Advance payments of up to one-twelfth of an annual contract may be allowed under the contract. If the advance payment exceeds $10,000, the provider shall supply a surety bond for an amount equal to the amount of the advance payment applied for. No surety bond is required if the provider is a state agency. The cost of the surety bond shall be allowable as an expense.
301.08(2)(d)
(d) For purposes of this subsection and as a condition of reimbursement, each provider under contract shall:
301.08(2)(d)1.
1. Except as provided in
s. 46.036 (4) (a), maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department.
301.08(2)(d)2.
2. Cooperate with the department and purchaser in establishing costs for reimbursement purposes.
301.08(2)(d)3.
3. Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this subdivision as provided in
s. 46.036 (4) (c).
301.08(2)(d)4.
4. Transfer a client from one category of care or service to another only with the approval of the purchaser.
301.08(2)(d)5.
5. Charge a uniform schedule of fees established under
s. 301.03 (18) unless waived by the purchaser with approval of the department. Whenever providers recover funds attributed to the client, the funds shall offset the amount paid under the contract.
301.08(2)(e)
(e) The purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.
301.08(2)(f)
(f) Contracts may be renegotiated by the purchaser under conditions specified in the contract.
301.08(2)(g)
(g) The service provider under this section may appeal decisions of the purchaser in accordance with terms and conditions of the contract and
ch. 68 or
227.
301.08(3)
(3) Notification concerning plans for transitional housing. 301.08(3)(a)(a) In this subsection, "political subdivision" means a city, village, town or county.
301.08(3)(b)
(b) Before contracting under this section for transitional housing for the temporary placement of persons on parole, extended supervision or probation, the department shall notify all of the following of the proposed contract:
301.08(3)(b)1.
1. The police department of the political subdivision in which the transitional housing will be located.
301.08(3)(b)2.
2. The sheriff for the county in which the transitional housing will be located.
301.08(3)(b)3.
3. The chief elected official of the political subdivision in which the transitional housing will be located.
301.08(3)(b)4.
4. The newspaper designated as the official newspaper of the political subdivision in which the transitional housing will be located, or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under
s. 985.03 as an official newspaper.
301.08(3)(c)
(c) A person notified under
par. (b) of a proposed contract for transitional housing shall notify the general public of the proposed contract in a manner and to the extent that the person determines is appropriate.
301.085
301.085
Payment of benefits. 301.085(1)(1) The department may make payments of benefits directly to persons who are authorized to receive those payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of making those payments.
301.085(2)
(2) The department may make juvenile delinquency-related payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.
301.085(3)
(3) The county department under
s. 46.215,
46.22 or
46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. The county department under
s. 46.215,
46.22 or
46.23 shall provide the department all necessary information in the manner prescribed by the department.
301.085(4)
(4) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under
s. 301.26.
301.085 History
History: 1995 a. 27.
301.09
301.09
Grants for pilot programs or demonstration projects. Whenever the department provides a grant after August 15, 1991, for a pilot program or demonstration project, the department shall do all of the following:
301.09(1)
(1) State on the grant application that the funding for the program or project will be provided by the department once or for a limited period of time, whichever is applicable.
301.09(2)
(2) Require the applicant to provide, as part of the grant application, a plan that describes:
301.09(2)(a)
(a) How activities funded by the grant will be phased out or how the program or project will be eliminated; or
301.09(2)(b)
(b) What other funding sources will be available to support the program or project when state funding is eliminated.
301.09 History
History: 1991 a. 39.
301.10
301.10
Purchases, bills, audits, payments. 301.10(2)(2)
Corrections institutions preaudit; payments. Unless otherwise provided by law, no bills may be incurred in the management of the institutions nor be paid until they have been audited by the department of corrections under the supervision of the department of administration. All payments shall be made on the warrant of the department of administration drawn in accordance with the certificate of the proper designated officer of the department of corrections. All claims and accounts, before being certified to the department of administration by the department of corrections, shall be verified and approved as provided in
s. 16.53.
301.10 History
History: 1989 a. 31;
1997 a. 289.
301.105
301.105
Telephone company commissions. The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the secretary of administration. The secretary of administration shall do all of the following:
301.105(1)
(1) Deposit two-thirds of all moneys collected under this section in the general fund as general purpose revenue-earned.
301.105(2)
(2) Credit one-third of all moneys collected under this section to the appropriation account under
s. 20.410 (1) (gt).
301.105 History
History: 1993 a. 16;
2003 a. 33.
301.11
301.11
Reports of corrections institutions. 301.11(1)(1)
Monthly report. The officer in charge of each state institution under the control of the department shall report monthly to the department an itemized statement of all receipts and disbursements and of the daily number of inmates, officers, teachers and employees, and of the wages paid to each.
301.11(2)
(2) Biennial report. On July 1 in each even-numbered year, the officer in charge of each state institution under the control of the department shall submit a report to the department, covering the preceding biennial fiscal term, which includes a summarized statement of the management of every department of the institution and of all receipts and disbursements, and any other information the department requires.
301.11 History
History: 1989 a. 31.
301.12
301.12
Cost of care and maintenance, liability; collection and deportation counsel; collections; court actions; recovery. 301.12(2)
(2) Except as provided in
subs. (2m) and
(14) (b) and
(c), any person, including but not limited to a person placed under
s. 48.366,
938.183,
938.34 (4h) or
(4m) or
938.357 (4) or
(5) (e), receiving care, maintenance, services and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, 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, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under
s. 301.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.
301.12(2m)
(2m) The liability specified in
sub. (2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in
s. 302.01.
301.12(3)
(3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the resident; then, in the case of a minor, the parent or parents.
301.12(4)(a)(a) If a person liable under
sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under
ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.
301.12(4)(b)
(b) If judgment is rendered in an action brought under
par. (a) for any balance that is 90 or more days past due, interest at the rate of 12% per year shall be computed by the clerk and added to the liable person's costs. That interest shall begin on the date on which payment was due and shall end on the day before the date of any interest that is computed under
s. 814.04 (4).
301.12(4)(c)
(c) If the department issues an order to compel payment under
par. (a), interest at the rate of 12% per year shall be computed by the department and added at the time of payment to the person's liability. That interest shall begin on the date on which payment was due and shall end on the day before the date of final payment.
301.12(5)
(5) If any person named in an order to compel payment issued under
sub. (4) (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
