301.048 Annotation
Intensive Sanctions: A New Sentencing Option. Fiedler. Wis. Law. June 1992.
301.048 Annotation
Read together, ss. 301.046 and 301.048 permit an escape charge when a prisoner in community residential confinement cuts off an electronic bracelet and fails to return. State v. Holliman,
180 Wis. 2d 348,
509 N.W.2d 73 (Ct. App. 1993).
301.048 Annotation
The extension under s. 973.032 of an intensive sanctions program placement period must be based on public safety considerations and the participant's need for punishment and treatment. All that needs to be shown at an extension hearing is that the participant has not made sufficient progress in the program and more time is required to meet those concerns. State v. Turner,
200 Wis. 2d 168,
546 N.W.2d 880 (Ct. App. 1996).
301.048 Annotation
Except as provided in s. 301.048 (7), counties are responsible for the provision of medical and dental services, including psychiatric and alcohol and drug abuse services to persons in the intensive sanctions program.
81 Atty. Gen. 156.
301.048 Annotation
The extension under s. 973.032 of an intensive sanctions program placement period must be based on public safety considerations and the participant's need for punishment and treatment. All that needs to be shown at an extension hearing is that the participant has not made sufficient progress in the program and more time is required to meet those concerns. State v. Turner,
200 Wis. 2d 168,
546 N.W.2d 880 (Ct. App. 1996).
301.048 Annotation
Custody of a person in the intensive sanctions program under s. 301.048 exists for purposes of sentence credit under s. 973.155 only if the person's sanctions program sufficiently infringes upon the person's freedom to equate with being under the state's control for a substantial time. State v. Collett,
207 Wis. 2d 321,
558 N.W.2d 642 (Ct. App. 1996).
301.048 Annotation
The department of corrections is not prevented form requiring a person on mandatory release parole to wear an electronic monitoring bracelet. State ex rel. Macemon v. Reynolds,
208 Wis. 2d 594,
561 N.W.2d 779 (Ct. App. 1997).
301.048 Annotation
Administrative confinement may be followed by a criminal conviction for escape where both arise from a participant's leaving the halfway house where he was assigned under the intensive sanctions program. State v. Grosse,
210 Wis. 2d 173,
565 N.W.2d 164 (Ct. App. 1997).
301.048 Annotation
Placement under this section does not confer a liberty interest. A return to prison after revocation of status under the program is a change from a lesser to a higher form of confinement. State ex rel. Harris v. Smith,
220 Wis. 2d 158,
582 N.W.2d 131 (Ct. App. 1998).
301.049
301.049
Mother-young child care program. 301.049(1)
(1)
Program. The department shall administer a mother-young child care program allowing females to retain, during participation in the program, the physical custody of their children.
301.049(2)(a)(a) The department shall provide the program for females who are:
301.049(2)(a)2.
2. On probation, extended supervision or parole and who, if approved by the department under
par. (b), would participate in the program as an alternative to revocation of probation, extended supervision or parole.
301.049(2)(b)
(b) A female covered under
par. (a) and her child may enter the program if all of the following conditions are met:
301.049(2)(b)2.
2. The department approves and the female covered under
par. (a) is pregnant or has a child who has not attained the age of one year.
301.049(3)
(3) Services. The department shall do all of the following under the program:
301.049(3)(a)
(a) Place program participants in the least restrictive placement consistent with community safety and correctional needs and objectives.
301.049(3)(b)
(b) Provide a stable, safe and stimulating environment for each child participating in the program.
301.049(3)(d)
(d) Provide program services with the goal of achieving a stable relationship between each mother and her child during and after participation in the program.
301.049(3)(e)
(e) Prepare each mother to be able to live in a safe, lawful and stable manner in the community upon parole, extended supervision or discharge.
301.049(4)
(4) Purchase of services. The department shall purchase the services of a private, nonprofit organization to administer the mother-young child care program.
301.049 History
History: 1991 a. 39,
189;
1997 a. 283.
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 and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections and may enter into contracts with the federal government under
18 USC 5003.
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 or lifetime supervision 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, child caring institutions, as defined in
s. 938.02 (2c), and secured child caring institutions for the placement of juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
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)(b)4.
4. Contract with not more than 5 counties or with not more than 5 consortia of counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.
301.08(1)(c)2.2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers, parolees and persons on extended supervision who are under minimum supervision or administrative supervision.
301.08(1)(c)3.
3. Except as provided in
subd. 3m., a contract under
subd. 2. shall authorize a vendor to charge a fee to probationers, parolees and persons on extended supervision sufficient to cover the cost of supervision and administration of the contract.
301.08(1)(c)3m.
3m. A contract under
subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer, parolee or person on extended supervision who is supervised under the contract if the probationer, parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:
301.08(1)(c)3m.a.
a. The probationer, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.
301.08(1)(c)3m.b.
b. The probationer, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer, parolee or person on extended supervision should be excused from working for medical reasons.
301.08(1)(c)4.
4. If the department collects any moneys from a vendor under a contract under
subd. 2., the department shall credit those moneys to the appropriation account under
s. 20.410 (1) (ge).
301.08(1)(c)5.
5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers, parolees and persons on extended supervision supervised by a vendor who contracts with the department under
subd. 2. and shall promulgate rules defining "administrative supervision" and "minimum supervision".
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. 301.03 (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(3)
(3) Notification concerning plans for transitional housing. 301.08(3)(a)(a) In this subsection, "political subdivision" means a city, village, town or county.
301.08(3)(b)
(b) Before contracting under this section for transitional housing for the temporary placement of persons on parole, extended supervision or probation, the department shall notify all of the following of the proposed contract:
301.08(3)(b)1.
1. The police department of the political subdivision in which the transitional housing will be located.
301.08(3)(b)2.
2. The sheriff for the county in which the transitional housing will be located.
301.08(3)(b)3.
3. The chief elected official of the political subdivision in which the transitional housing will be located.
301.08(3)(b)4.
4. The newspaper designated as the official newspaper of the political subdivision in which the transitional housing will be located, or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under
s. 985.03 as an official newspaper.
301.08(3)(c)
(c) A person notified under
par. (b) of a proposed contract for transitional housing shall notify the general public of the proposed contract in a manner and to the extent that the person determines is appropriate.
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.
