The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
8. Charles D. Washington of Stanley, Wisconsin, claims $148.78 for monies deducted from his inmate account which allegedly had been previously paid. Claimant states that prior to October 2016, the Department of Corrections’ accounting system (WITS) showed he owed $1,118.25 in obligations for case no. 04CF3405. In late 2016, DOC switched to a new accounting system (WICS). Both the old and new systems showed claimant had paid $523.91 towards this obligation, however, upon implementation of the WICS system, his balance due increased, even though the system showed an overpayment of $148.76. Claimant believes DOC has not accounted for $353.75 of the money deducted from his account. He requests reimbursement of either $353.75 or $148.76, whichever the board feels is more appropriate.
During the transfer to a new inmate accounting system, WICS, claimant’s court-ordered obligations for case no. 04CF3405 were adjusted to account for surcharges previously not included under the old accounting system (WITS). As WICS was implemented, $491.99 in payments made by claimant was applied to three of his cases, including 04CF3405. The distribution of his payments has been explained to claimant and he is incorrect that DOC has not accounted for $353.75. In 2005, an incorrect JOC was issued for case no. 04CF3405. The JOC stated that one of claimant’s victims, R.K., was due “4100.00” when it should have said “$100.00.” DOC received a corrected JOC in October 2016 and made the change to claimant’s accounts, resulting in $148.76 overpayment. By the time DOC received the corrected JOC, the overpaid amount had already been disbursed to R.K. Pursuant to DAI Policy 309.45.02, “If an inmate receives an amended JOC, DAI is not responsible to seek reimbursement from the entity who received the funds.” DOC properly deducted and paid out these funds based on the JOC received from the court and promptly corrected claimant’s obligations when the amended JOC was received.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
The Board concludes:
That the following identified claimants are denied:
Beverly Sinople
Hayward Bait & Bottle Shoppe
Northside Enterprises
Calvin L. Brown, Jr.
Charles Sheppard
Charles D. Washington
That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 16.007 (6)(b), Stats: That pursuant to the request of the Department of Children& Families, the May 22, 2018 Claims Board decision for the claim of Shanquil Bey is amended to show payment from the Department of Children & Families appropriation, § 20.437 (3)(pz), Stats. Dated at Madison, Wisconsin this 2nd day of October, 2018.
COREY FINKELMEYER
Chair, Representative of the Attorney General
CHRISTOPHER N. GREEN
Secretary, Representative of the Secretary of Administration
LUTHER OLSEN
Senate Finance Committee
MARY FELZKOWSKI
Assembly Finance Committee
KATIE E. IGNATOWSKI
Representative of the Governor
