301.35 Law enforcement officer access to department records.
301.36 General supervision and inspection by department.
301.37 County buildings; establishment, approval, inspection.
301.38 Notification of victims and witnesses about prisoner escapes.
301.45 Sex offender registration.
301.46 Access to information concerning sex offenders.
301.001
301.001
Purposes of chapters. The purposes of this chapter and
chs. 302 to
304 are to prevent delinquency and crime by an attack on their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections,
chs. 301 to
304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.
301.001 History
History: 1989 a. 31,
107;
1995 a. 27.
301.01
301.01
Definitions. In this chapter and
chs. 302 to
304:
301.01(1)
(1) "Department" means the department of corrections.
301.01(2)
(2) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to
s. 51.15,
51.20,
51.45 (11) (b) or
55.06 (11) (a) or
ch. 980. "Prisoner" does not include any of the following:
301.01(2)(d)
(d) Any child participating in the mother-young child care program under
s. 301.049.
301.01(3)
(3) "Secretary" means the secretary of corrections.
301.01(4)
(4) "State correctional institution" means a state prison under
s. 302.01 or a secured correctional facility, as defined in
s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.
301.01(5)
(5) "Type 1 prison" means a state prison under
s. 302.01, but excludes any institution that meets the criteria under
s. 302.01 solely because of its status under
s. 301.048 (4) (b).
301.02
301.02
Institutions governed. The department shall maintain and govern the state correctional institutions.
301.02 History
History: 1989 a. 31.
301.025
301.025
Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under
s. 938.532, the serious juvenile offender program under
s. 938.538 and youth aids.
301.025 History
History: 1995 a. 27,
77.
301.027
301.027
Treatment program at one or more juvenile correctional institutions. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile correctional institutions.
301.027 History
History: 1995 a. 27.
301.03
301.03
General corrections authority. The department shall:
301.03(1)
(1) Supervise, manage, preserve and care for the buildings, grounds and other property pertaining to the state correctional institutions and promote the objectives for which they are established.
301.03(2)
(2) Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under
s. 303.01.
301.03(2g)
(2g) Provide alcohol or other drug abuse assessments so that a prisoner can receive such an assessment either during his or her initial assessment and evaluation period in the state prison system or at the prison where he or she is placed after the initial assessment and evaluation period.
301.03(2m)
(2m) Provide alcohol or other drug abuse treatment at each state prison except a Type 2 prison, the correctional institution authorized under
s. 301.046, a minimum security correctional institution authorized under
s. 301.13 or a state-local shared correctional facility established under
s. 301.14.
301.03(2r)
(2r) Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.
301.03(3)
(3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under
s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.
301.03(3b)
(3b) Establish regulations for persons placed on lifetime supervision under
s. 939.615, supervise and provide services to persons placed on lifetime supervision under
s. 939.615 and promulgate rules for the administration of matters relating to lifetime supervision under
s. 939.615.
301.03(3c)
(3c) If requested by the department of health and family services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under
s. 51.37 (9), conditionally released under
s. 971.17 (3) or placed on supervised release under
s. 980.06 (2) or
980.08.
301.03(3d)
(3d) If requested by the department of health and family services, contract with that department to provide a secure mental health unit or facility under
s. 980.065 (2).
301.03(3g)
(3g) Provide treatment for alcoholics and intoxicated persons on parole or extended supervision.
301.03(3m)
(3m) Monitor compliance with deferred prosecution agreements under
s. 971.39.
301.03(3r)
(3r) If any restitution ordered under
s. 973.20 (1r) remains unpaid at the time that a person's probation or sentence expires, or he or she is discharged by the department, give to the person upon release, or send to the person at his or her last-known address, written notification that a civil judgment may be issued against the person for the unpaid restitution.
301.03(4)
(4) If requested by the governor, make recommendations as to pardons or commutations of sentence.
301.03(5)
(5) Examine all institutions authorized by law to receive and detain witnesses, prisoners or convicted persons, and inquire into all matters relating to their management, including the management of witnesses, prisoners or convicted persons, and the condition of buildings and grounds and other property connected with the institutions.
301.03(6)
(6) Direct the correctional psychiatric service in all state correctional institutions.
301.03(6m)
(6m) On or before January 30 of each year, after consultation with the department of health and family services, report to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), on all of the following:
301.03(6m)(a)
(a) The number of prisoners transferred to a mental health institute under
s. 51.20 (13) (a) 4. and their average length of stay and the number of prisoners transferred to a mental health institute on a voluntary basis and their average length of stay.
301.03(6m)(b)
(b) The number of prisoners being treated with psychotropic drugs on both a voluntary and involuntary basis and the types of drugs being used.
301.03(6m)(c)
(c) A description of the mental health services available to prisoners on both a voluntary and involuntary basis.
301.03(6r)
(6r) By January 30 of each year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), on the number of prisoners that the department considers to be violent and the total number of prisoners.
301.03(7)
(7) Direct the educational programs, including an adult basic education program, in all state correctional institutions. The department shall test the reading ability of each prisoner.
301.03(7m)
(7m) Supervise criminal defendants accepted into the custody of the department under
s. 969.02 (3) (a) or
969.03 (1) (a). The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.
301.03(9r)
(9r) Supervise all persons placed in the serious juvenile offender program under
s. 938.538.
301.03(10)(a)(a) Execute the laws relating to the detention, reformation and correction of delinquents.
301.03(10)(b)
(b) Direct the aftercare of and supervise all delinquents under its jurisdiction and exercise such functions as it deems appropriate for the prevention of delinquency.
301.03(10)(c)
(c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under
chs. 48 and
938, county departments under
ss. 46.215,
46.22 and
46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under
ch. 938 in regard to juveniles who have been adjudicated delinquent.
301.03(10)(d)
(d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, the release of juvenile offenders from juvenile correctional institutions to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in
s. 302.01 as provided in
s. 938.357 (4) (d).
301.03(10)(e)
(e) Provide educational programs in all secured correctional facilities, as defined in
s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.
301.03(10)(f)
(f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in
s. 938.02 (15m), other than the Mendota Juvenile Treatment Center.
301.03(10)(g)
(g) Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under
chs. 48 and
938 waives its jurisdiction under
s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under
s. 13.172 (3).
301.03(11)
(11) By February 1, 2002, submit a report to the legislature under
s. 13.172 (2) concerning the extent to which the department has required pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation or parole and the effectiveness of the treatment in the cases in which its use has been required.
301.03(12)
(12) Cooperate and coordinate its activities with other state and local agencies to provide educational, social, health and other services to offenders, except as provided in
s. 302.386 (5).
301.03(13)
(13) Annually notify each person who has been discharged from probation, extended supervision or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.
301.03(14)
(14) Upon request of the department of revenue, disclose information to the department of revenue concerning a prisoner, probationer or parolee or a person registered under
s. 301.45 for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
301.03(15)
(15) On or before August 1 of each even-numbered year, provide to the department of health and family services an estimate of the total proposed budget that the department of corrections will submit in its biennial budget request under
s. 16.42.
301.03 Note
NOTE: Sub. (15) was created as sub. (14) by
1997 Wis. Act 283 and renumbered by the revisor under s. 13.93 (1) (b).
301.03(18)(a)(a) Except as provided in
s. 301.12 (14) (b) and
(c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased by the department or a county department under
s. 46.215,
46.22 or
46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under
s. 46.215,
46.22 or
46.23 shall apply the fees that it collects under this program to cover the cost of those services.
301.03(18)(b)
(b) Except as provided in
s. 301.12 (14) (b) and
(c), hold liable for the services provided or purchased under
par. (a) in the amount of the fee established under
par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, 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.
301.03(18)(c)
(c) Make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under
par. (b). This paragraph does not apply to the recovery of fees for the care and services specified under
s. 301.12.
301.03(18)(d)
(d) Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the collection and deportation counsel appointed under
s. 301.12 (7) or the secretary, shall be evidence of the services provided and the fees charged for those services.
301.03(18)(e)
(e) Delegate to county departments under
s. 46.215,
46.22 or
46.23 and other providers of care and services the powers and duties vested in the department by
pars. (c) and
(d) as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.
301.03(18)(g)
(g) Return to county departments under
s. 46.215,
46.22 or
46.23 50% of collections made by the department for delinquent accounts previously delegated under
par. (e) and then referred back to the department for collections.
301.03 History
History: 1989 a. 31,
107,
121,
188,
336;
1991 a. 39;
1993 a. 16,
377,
479;
1995 a. 27 ss.
6355,
6356m,
6356p,
9126 (19);
1995 a. 77,
141;
1997 a. 27,
35,
237,
275,
283,
284; s. 13.93 (1) (b).
301.031
301.031
County youth corrections budget and contract. 301.031(1)(a)(a) Each county department under
s. 46.215,
46.22 or
46.23 shall submit to the department by December 31 annually its final budget for services directly provided or purchased.
301.031(2)
(2) Assessment of needs. Before developing and submitting a proposed budget to the county executive or county administrator or the county board, the county departments listed in
sub. (1) shall assess needs and inventory resources and services, using an open public participation process.
301.031(2g)(a)(a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.
301.031(2g)(b)
(b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for juvenile delinquency-related services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.
301.031(2g)(c)
(c) The joint committee on finance may require the department to submit contracts between county departments under
ss. 46.215,
46.22 and
46.23 and providers of service to the committee for review and approval.
301.031(2r)(a)(a) The department, after reasonable notice, may withhold a portion of the appropriation allocated to a county department under
s. 46.215,
46.22 or
46.23 if the department determines that that portion of the allocated appropriation:
301.031(2r)(a)1.
1. Is for services which duplicate or are inconsistent with services being provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.
301.031(2r)(a)2.
2. Is inconsistent with state or federal statutes, rules or regulations, in which case the department may also arrange for provision of services by an alternate agency. The department may not arrange for provision of services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.
301.031(2r)(a)3.
3. Is for the treatment of alcoholics in treatment facilities which have not been approved by the department of health and family services in accordance with
s. 51.45 (8).
