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.
301.135(2)
(2) The department may charge a fee to offenders under its supervision to cover the costs associated with electronic monitoring. The department may charge a fee under this subsection or the department or the attorney general may collect under
s. 301.325, but the state may not collect for the same expenses twice.
301.135(3)
(3) The department may charge a fee to offenders who are confined under
s. 301.046 or who are in the intensive sanctions program under
s. 301.048.
301.135(4)
(4) The department shall set the fees charged to offenders under
subs. (2) and
(3) by rule.
301.135 History
History: 1989 a. 31 ss.
958,
959; Stats. 1989 s. 301.135;
1991 a. 39;
1993 a. 98;
1995 a. 27.
301.14
301.14
State-local shared correctional facilities. In cooperation with any county or group of counties, the department may contract for the establishment and operation of state-local shared correctional facilities under
s. 302.45. Except as provided in
s. 302.45 (4), the secretary may allocate and reallocate existing and future facilities as state-local shared correctional facilities. The shared facilities shall be institutions under
s. 301.02 and shall be prisons under
s. 302.01. Inmates from Wisconsin state prisons may be transferred to these facilities and, except as to any separate rules established in the contract governing a shared facility, shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employes of the facilities shall be subject to the same laws as pertain to other penal institutions. Inmates may not be received on direct commitment from the courts.
301.14 History
History: 1983 a. 332;
1989 a. 31 s.
967; Stats. 1989 s. 301.14.
301.14 Note
NOTE: 1983 Wisconsin Act 332 s.
1, which created this section, contains a long prefatory note explaining the bill. See 1983 Session Laws.
301.15
301.15
Medium security prison. The department may construct a medium security prison to be known as the Fox Lake correctional institution on state-owned land known as prison farm 10 in Dodge county. Inmates from the Wisconsin state prisons may be transferred to this institution and they shall be subject to all laws pertaining to inmates of other penal institutions of this 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.
301.15 History
History: 1977 c. 418 s.
924 (18) (b);
1989 a. 31 s.
962; Stats. 1989 s. 301.15.
301.16
301.16
Construction or establishment of certain institutions. 301.16(1)(1) The department shall construct or establish an adult medium/maximum security institution or an adult medium security institution or both.
301.16(1m)
(1m) The medium security institution under
sub. (1) shall be the Oshkosh correctional institution and shall be located north of Oshkosh, north of Snell road and south of Sunnyview road at the site which, on July 31, 1981, is the site of the Winnebago correctional farm.
301.16(1n)
(1n) In addition to the institutions under
sub. (1), the department shall establish a maximum security correctional institution that constitutes the prison expansion project enumerated in
1995 Wisconsin Act 27, section 9108 (1) (b), and that is located at a site selected by the building commission.
301.16(1o)(a)(a) In addition to the institutions under
sub. (1), the department shall establish a correctional institution located at the St. Bonaventure site which is located between CTH "H" on the west and 90th street on the east in the village of Sturtevant in Racine county.
301.16(1o)(b)
(b) In the selection of classified service employes of the institution specified in
par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that employes of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.
301.16(1p)
(1p) Inmates from the Wisconsin state prisons may be transferred to the institutions under this section and they shall be subject to all laws pertaining to inmates of other penal institutions of this 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.
301.16(2)
(2) Construction or establishment of the institutions shall be in compliance with all state laws except
s. 32.035 and
ch. 91.
301.16(3)
(3) In addition to the exemptions under
s. 13.48 (13), construction or establishment of the institutions 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.
301.16 Annotation
See note to Art. IV, sec. 18, citing Milwaukee Brewers v. DH&SS, 130 W (2d) 79, 387 NW (2d) 254 (1986).
301.17
301.17
Minimum security corrections institutions. The department may, with the approval of the joint committee on finance, increase staffing levels at minimum security institutions sufficiently to allow temporary placement of medium security inmates at existing minimum security institutions as may be necessary to relieve medium security overcrowding. The temporary placement under this section may constitute a partial use of the institution.
301.17 History
History: 1981 c. 20;
1989 a. 31 s.
973; Stats. 1989 s. 301.17.
301.18
301.18
Correctional and other institutions; expansion and establishment of facilities. 301.18(1)
(1) The department of corrections shall:
301.18(1)(a)
(a) Provide the facilities necessary for at least 25 additional beds at Camp Flambeau.
301.18(1)(b)
(b) Provide the facilities necessary for at least 45 additional beds for a corrections drug abuse treatment program on the grounds of the Winnebago mental health institute.
301.18(1)(bp)
(bp) Provide the facilities necessary for not more than 400 beds at the correctional institution under
s. 301.16 (1m).
301.18(1)(bx)
(bx) Provide the facilities necessary for the Racine correctional institution.
301.18(1)(bz)
(bz) Provide the facilities necessary for not more than 170 additional beds at the Kettle Moraine correctional institution for use associated with alcohol and other drug abuse treatment.
301.18(1)(d)
(d) Provide the facilities necessary for at least 40 additional beds at the Green Bay work release center.
301.18(1)(e)
(e) Provide the facilities necessary for at least 20 additional beds at Black river camp.
301.18(1)(f)
(f) Provide the facilities necessary for at least 20 additional beds at the Oregon camp.
301.18(1)(g)
(g) Provide the facilities necessary for housing to alleviate overcrowding.
301.18(1m)
(1m) The department of health and family services shall provide the facilities necessary to operate the Wisconsin resource center with 460 beds. The facilities may be used for persons transferred under
ch. 302.
301.18(2)
(2) In addition to the exemptions under
s. 13.48 (13), construction or establishment of facilities necessary to comply with
sub. (1) or
(1m) 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.
301.18(3)
(3) For compliance with this section, the department of corrections may expend moneys authorized under
chapter 29, laws of 1977, section 1606c (1) (b) relating to the correctional system which have not been expended or encumbered or moneys available under residual existing general fund supported borrowing, not to exceed $1,500,000.
301.18(4)
(4) Any purchase, lease or construction of additional correctional facilities is subject to prior approval by the building commission and the joint committee on finance.
301.18(5)
(5) This section constitutes enumeration in the authorized state building program for purposes of
s. 20.924.
301.18(6)
(6) The building commission is encouraged and authorized to utilize the most economical and expeditious construction alternatives available to effectuate completion of the construction projects.
301.20
301.20
Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed under the supervision of the department under
s. 938.34 (4h) or
(4m). All laws pertaining to the care of children received under
s. 938.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in
s. 938.52.
301.20 History
History: 1995 a. 27,
77.
