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DOC 328.06 Notice to law enforcement of inmate release to supervision. Before releasing an inmate to supervision, the department shall notify the municipal police department and the county sheriff in the area where the individual will reside.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.07 Supervision fees.
(1) Supervision fee. An offender shall pay a supervision fee.
(2) Establishment of fee. The department shall charge a fee not to exceed $60 per month to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services.
(3) Agent action. The assigned agent shall do all of the following:
(a) Establish the offender’s supervision fee or exemption.
(b) Provide the offender with a copy of the fee schedule.
(4) Reporting and verification of supervision fee. The department shall do all of the following:
(a) Record all supervision fees paid by the offender.
(b) Provide the offender access to a copy of the record of payments to verify receipt of payment.
(5) Refunds of supervision fees. The department shall refund supervision fees only when the offender has paid in advance for a month that the offender was not under supervision.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.
DOC 328.08 Financial obligations. When an offender is required to pay restitution or other financial obligations pursuant to state statute or court order, the following procedures apply:
(1) Acceptance and disbursement of payment. The department may at any time accept a payment from or on behalf of an offender, which is made pursuant to state statute or court order. The department shall transmit the payment to the department cashier for deposit in the offender’s account. The cashier shall disburse funds from the account in accordance with the court order or state statute.
(2) Unpaid financial obligations.
(a) For offenders who have not paid court ordered obligations, the department will provide notification to the sentencing court, district attorney, and victim at least 90 days prior to discharge.
(b) If the department determines that the offender has made a good faith effort to pay ordered obligations, the department shall recommend the court order the restitution due be entered as a civil judgment in favor of the victims.
(c) When the department determines that an offender who is on probation has not made a good faith effort to pay the ordered obligations, the department may recommend that the court extend the term of probation and modify any condition or recommend that the court enter a civil judgment in favor of the victims. The department shall inform the offender of his or her rights to a hearing and waiver under s. DOC 328.09 (2) and (3).
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.09 Extension of probation.
(1) Department recommendation. The department may recommend that a court extend the probation period under s. 973.09 (3) (a), Stats.
(2) Hearing. If the department recommends extension of an offender’s probation, the department shall notify the offender of the recommendation and the right to a court hearing.
(3) Waiver. An offender may knowingly and voluntarily waive the hearing in writing. The waiver shall state that:
(a) The offender has read the notice, or has had it communicated to him or her, and understands the notice under this section.
(b) The offender acknowledges that there is good cause for the extension.
(c) The offender consents to an extension of the supervision for the specific period of time stated in the notice.
(d) The offender was notified of the right to consult with an attorney before signing the waiver.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.10 Funds and property.
(1) Disclosure of financial information. An agent may require the offender to disclose all financial information, including tax returns, financial institution account statements, and wage information, to assist in the management of the offender’s financial resources.
(2) Monitoring of offender financial obligations. Receipting, remitting, and auditing of offender financial obligations shall be done in a manner consistent with department policies.
(3) Voluntary wage assignment. An agent may initiate a voluntary wage assignment against an offender’s wages in order to assure collection of court ordered financial obligations and other fees. If married, the offender’s spouse must also consent to the wage assignment.
(5) Offender property. Agents shall not receive or store any property for an offender except as provided under s. DOC 328.23.
(6) Management of offender’s financial resources.
(a) An agent may assist in the management and disbursement of the financial resources of an offender if one of the following factors applies:
1. The offender requests assistance.
2. The agent believes that management is necessary to control the offender’s funds.
3. The agent believes that management is necessary to ensure compliance with the offender’s existing restitution orders, and other financial obligations, including payment of supervision or monitoring fees under ss. DOC 328.07, 332.18, 332.19, and 332.20.
(b) When an agent manages funds under this section, the agent shall document all actions under this section as required by the department, including the reason the offender’s money is being managed.
(c) Management of the funds may be done only through a bank account in the offender’s name. All financial resources of an offender managed by an agent shall be deposited directly into the offender’s account upon receipt.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. (4) Register October 2019 No. 766, eff. 11-1-19.
DOC 328.11 Purchase of goods and services.
(1) If an offender requires assistance or materials that cannot reasonably be provided through any other available resource, the department may provide assistance in accordance with s. 301.08, Stats. The department shall approve the expenditure for the assistance before services may be provided.
(2) The department shall require any vendors contracted for community-based residential facilities that are licensed under ch. DHS 83 to comply with the federal prison rape elimination act of 2003.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.
DOC 328.12 Offender administrative review process.
(1) Purpose. The department shall provide offenders an opportunity for administrative review of certain decisions by allowing offenders to raise concerns regarding their supervision in an orderly manner.
(2) Scope. An offender may request administrative review to challenge any department decision affecting an offender except a decision concerning:
(a) Revocation.
(b) Custody and detention.
(c) Denial of use or possession of firearms pursuant to federal or state law.
(d) Special conditions or terms of supervision imposed by a court or the parole commission.
(e) Decisions regarding early discharge from the term of supervision.
(3) Request for administrative review.
(a) Prior to initiating a request for administrative review, the offender shall attempt to resolve the concern with the agent.
(b) If the concern is not resolved under par. (a), the offender may file within a reasonable time a written request for administrative review to the agent’s supervisor. The request and subsequent reviews shall be filed utilizing the department’s forms.
(c) The offender may request within a reasonable time a review of the supervisor’s decision by the regional chief. If the concern is not resolved, the offender may request within a reasonable time a final review by the administrator.
(4) Effect of review of disputed decision. During the administrative review process, the affected parties shall comply with the decision under dispute.
(5) Expedited review. The department may expedite the review process under this section if the concern raised is time sensitive.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.13 Temporary travel.
(1) The department may authorize temporary out-of-state travel when it is consistent with the purpose and goals of the offender’s supervision, applicable interstate compact provisions, and applicable civil commitment provisions. An offender may travel out of the state of Wisconsin only if he or she has submitted a written request and has received written authorization prior to the requested travel. The division may grant prior authorization for travel out of the state of Wisconsin as follows:
(a) Agent approval is required for travel not to exceed 15 days.
(b) Supervisory approval is required for travel exceeding 15 days.
(c) Travel permits may be used to authorize multiple trips to another state during a specific time period.
(2) An authorization for temporary out of state travel shall specify that the offender is responsible for all of the following:
(a) The costs incurred by the travel.
(b) Reporting as required.
(c) Returning to the state upon agent request at any time the offender is out of state.
(d) Waiving extradition.
(e) Carrying a travel permit.
(3) Offenders shall be allowed to travel to foreign countries only as follows:
(a) As authorized by the sentencing court.
(b) Upon verification of official military orders from the US Armed Forces or National Guard.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.14 Interstate transfer.
(1) If the department determines that transfer to another jurisdiction is in the best interests of an offender and consistent with the goals of this chapter, an interstate transfer may be initiated upon payment of an application fee authorized under s. 20.410 (1) (gn), Stats. The fee shall not exceed $150 per application.
(2) An offender from another state, who has requested supervision and is present in Wisconsin prior to formal acceptance, is subject to the provisions of this chapter.
(3) An offender subject to supervision in another state will be accepted for supervision in Wisconsin if one of the following applies:
(a) The offender meets the criteria established by the applicable interstate compact.
(b) The department consents.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (1) Register October 2019 No. 766, eff. 11-1-19.
DOC 328.15 Voluntary return to a correctional facility.
(1) An offender may request a voluntary return to a correctional facility for a period not to exceed one year.
(2) The request shall be in writing in a format prescribed by the department.
(3) The division shall inform the offender of all of the following:
(a) Upon return to the institution, the offender shall remain incarcerated until the agreed release date unless the department determines earlier release is appropriate.
(b) Offenders who were convicted prior to December 30, 1999, must waive parole consideration, good time, and entitlement to mandatory release.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.