301.05
301.05
Gifts; trustee duty. The department may:
301.05(1)
(1) 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).
301.05(2)
(2) 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.
301.05 History
History: 1989 a. 31.
301.055
301.055
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.
301.055 History
History: 1989 a. 31 ss.
968r,
968rc; Stats. 1989 s. 301.055;
1989 a. 107;
1991 a. 39;
1993 a. 16.
301.06
301.06
Education and prevention. The department may do all of the following:
301.06(1)
(1) Develop and maintain education and prevention programs.
301.06(2)
(2) 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.
301.06 History
History: 1989 a. 31,
107;
1995 a. 27.
301.07
301.07
Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections.
301.07 History
History: 1989 a. 31,
107;
1995 a. 27.
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 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, as defined in
s. 938.02 (15m), child caring institutions, as defined in
s. 938.02 (2c), and secured child caring institutions, as defined in
s. 938.02 (15g), for the placement of juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.34 (4d),
(4h) or
(4m). The department may designate a secured correctional facility, child caring institution 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 child caring institution 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)(c)1.a.
a. "Administrative supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 6 months between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.
301.08(1)(c)1.b.
b. "Minimum supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 90 days between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.
301.08(1)(c)2.
2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision of probationers and parolees who are under minimum supervision or administrative supervision. The contract shall authorize any such vendor to charge a fee to probationers and parolees sufficient to cover the cost of supervision and administration of the contract. If the department collects any moneys from a vendor under the contract, the department shall credit those moneys to the appropriation account under
s. 20.410 (1) (ge). The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and parolees supervised by the vendor.
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. 46.03 (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 History
History: 1989 a. 31,
107;
1995 a. 27,
352.
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(1)
(1)
Steward as business manager. The steward of each institution under the control of the department of corrections shall be the local business manager and requisitioning officer, subject to the direction and rules of the department, and within the limits of the approved monthly estimates shall purchase all necessary materials and supplies, as provided in
ss. 16.70 to
16.82. The steward shall have the immediate charge of all books, accounts, papers and records relating to the institution's financial management, shall keep detailed accounts of all receipts and expenditures, and shall be responsible for the safekeeping and economical use of all stores and supplies.
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.
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 state treasurer. The state treasurer 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.
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 employes, 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
Uniform fee schedule; collections. The department of corrections shall establish fees for juvenile correctional services provided by that department which shall be included in the uniform system of fees established by the department of health and family services under
s. 46.03 (18). Collections and liability enforcement of fee chargeable services for the department of corrections shall be performed by the department of health and family services under
ss. 46.03 (18),
46.10 and
938.36.
301.12 History
History: 1995 a. 27 ss.
6361,
9126 (19);
1995 a. 77.
301.13
301.13
Minimum security correctional institutions. The department may establish and operate minimum security correctional institutions. The secretary may allocate and reallocate existing and future facilities as part of these institutions. The institutions are subject to
s. 301.02 and are state prisons as defined in
s. 302.01. Inmates from Wisconsin state prisons may be transferred to these institutions and they shall be subject to all laws pertaining to inmates of other penal institutions of the state. Officers and employes of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts. In addition to the exemptions under
s. 13.48 (13), construction or establishment of facilities at institutions which are community correctional residential centers initially established prior to July 2, 1983, shall not be 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. The department shall establish a procedure for soliciting responses from interested communities and persons regarding potential sites for the institutions under this section, except the procedure does not apply to the 125-bed community correctional center in the city of Waupun. The department shall consider locations proposed under this procedure and may consider any other locations on its own initiative. The department need not promulgate rules regarding the site consideration procedures under this section.
301.13 History
History: 1977 c. 418;
1983 a. 27;
1985 a. 29;
1987 a. 5;
1989 a. 31 s.
961; Stats. 1989 s. 301.13.
301.132
301.132
Honesty testing of sex offenders. 301.132(1)(c)
(c) "Sex offender" means a person in the custody of the department who meets any of the criteria specified in
s. 301.45 (1).
Effective date note
NOTE: Par. (c) is shown as amended eff. 6-1-97 by
1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text
(c) "Sex offender" means a person in the custody of the department who meets any of the criteria specified in s. 175.45 (1), regardless of whether he or she is required to register under s. 175.45 (3).
301.132(2)
(2) The department may require, as a condition of probation or parole, that a probationer or parolee who is a sex offender submit to a lie detector test when directed to do so by the department.
301.132(3)
(3) The department shall promulgate rules establishing a lie detector test program for probationers and parolees who are sex offenders. The rules shall provide for assessment of fees upon probationers and parolees to partially offset the costs of the program.
301.132 History
History: 1995 a. 440.
301.135
301.135
Electronic monitoring. 301.135(1)
(1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders. The department shall charge a fee to counties for providing these services.
