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 juvenile correctional services that duplicate or are inconsistent with services being purchased or provided by the department or other county departments receiving grants-in-aid or reimbursement for the purchase of those services.
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 juvenile correctional services by an alternate agency. The department may not arrange for the provision of those 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 services in accordance with
s. 51.45 (8).
301.031(2r)(a)4.
4. Is for inpatient treatment in excess of an average of 21 days, as provided in
s. 51.423 (12), excluding care for patients at the centers for the developmentally disabled.
301.031(2r)(a)5.
5. Is inconsistent with the provisions of the county department's contract under
sub. (2g).
301.031(2r)(b)
(b) If the department withholds a portion of the allocable appropriation under
par. (a), the county department affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent or the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.
301.031(3)(a)1.1. Except as provided in
par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish, in accordance with
subd. 2. or
3., a citizen advisory committee to the county departments under
ss. 46.215,
46.22 and
46.23. The citizen advisory committee shall advise in the formulation of the budget under
sub. (1).
301.031(3)(a)3.
3. If the citizen advisory committee established under
s. 46.031 (3) (a) does not also serve as the citizen advisory committee under
subd. 1., membership on the committee under
subd. 1. shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. The committee's membership may not consist of more than 25 percent county supervisors, nor of more than 20 percent service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.
301.031(3)(b)
(b)
Alternate process. The county board of supervisors or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under
sub. (2). The county board of supervisors may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under
par. (a) is not required.
301.031(3)(c)
(c)
Yearly report. The county board of supervisors or its designated agent, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under
par. (a) or a report on the open public participation process under
par. (b) on or before July 1 of each year.
301.032
301.032
Juvenile correctional services; supervisory functions of state department. 301.032(1)(a)(a) The department shall supervise the administration of juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of juvenile correctional services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
301.032(1)(b)
(b) All records of the department and all county records relating to juvenile correctional services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding
ss. 48.396 (2) and
938.396 (2), all county records relating to the purchase of those services shall be open to inspection at all reasonable hours by authorized representatives of the department.
301.032(1)(c)
(c) The department may at any time audit all county records relating to the purchase of juvenile correctional services. If the department conducts such an audit in a county, the department shall furnish a copy of the audit report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under
s. 46.21,
46.22, or
46.23.
301.032(2)
(2) The county administration of all laws relating to the purchase of juvenile correctional services shall be vested in the officers and agencies designated in the statutes.
301.035
301.035
Division of hearings and appeals; administrator's general duties. The administrator of the division of hearings and appeals in the department of administration shall:
301.035(1)
(1) Serve as the appointing authority of the employees of the division under
s. 230.06.
301.035(5)
(5) After consultation with the department of corrections, promulgate rules relating to the exercise of the administrator's and the division's powers and duties.
301.035 Cross-reference
Cross-reference: See also ch.
HA 2, Wis. adm. code.
301.04
301.04
Legal actions. The department may sue and be sued.
301.04 History
History: 1989 a. 31.
301.04 Annotation
The Department of Corrections (DOC) is entitled to sovereign immunity. The DOC lacks sufficient attributes to render it an independent going concern. Despite the breadth of its statutory powers, the character of those powers reveals that the legislature did not intend the DOC to be anything other than an arm of the state. The legislature has not expressly waived the DOC's sovereign immunity. This section is not an express waiver of the DOC's tort immunity but rather addresses the DOC's capacity to be sued. Mayhugh v. State,
2015 WI 77,
364 Wis. 2d 208,
867 N.W.2d 754,
13-1023.
301.045
301.045
Investigations. The secretary may inquire into any matter affecting corrections and hold hearings, subpoena witnesses and make recommendations on such matters to the appropriate public or private agencies.
301.045 History
History: 1989 a. 31.
301.046
301.046
Community residential confinement. 301.046(1)(1)
Institution status. The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to
s. 301.02 and is a state prison as defined in
s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except
s. 32.035 and
ch. 91. In addition to the exemptions under
s. 13.48 (13), construction or establishment of facilities for the institution are not 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 and are exempt from inspections required under
s. 301.36.
301.046(2)
(2) Inmate, officer and employee status. Inmates confined under
sub. (1) are under the care and control of the institution, subject to its rules and discipline and subject to all laws pertaining to inmates of other correctional institutions. Courts may not directly commit persons to the institution under
sub. (1). Officers and employees of the institution are subject to the same laws pertaining to other correctional institutions.
301.046(3)
(3) Eligibility. The department shall determine those prisoners who are confined under
sub. (1). Except as provided in
subs. (3m) and
(3t), a prisoner is eligible for this confinement only under all of the following conditions:
301.046(3)(d)
(d) The prisoner is eligible for parole under
s. 304.06 (1) (b) or is serving a sentence that is not longer than 3 years.
301.046(3m)
(3m) Intensive sanctions program participants. The department may confine any intensive sanctions program participant under
sub. (1).
301.046(3t)
(3t) Persons serving bifurcated sentence; restricted eligibility. A prisoner serving a bifurcated sentence imposed under
s. 973.01 is not eligible for confinement under
sub. (1) during the term of confinement in prison portion of the bifurcated sentence.
301.046(4)(a)1.
1. “Member of the family" means spouse, domestic partner under
ch. 770, child, sibling, parent or legal guardian.
301.046(4)(a)2.
2. “Victim" means a person against whom a crime has been committed.
301.046(4)(b)
(b) Before a prisoner is confined under
sub. (1) for a violation of
s. 940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06,
948.07, or
948.085, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with
par. (c) and after receiving a completed card under
par. (d):
301.046(4)(b)1.
1. The victim of the crime committed by the prisoner or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
301.046(4)(b)2.
2. Any witness who testified against the prisoner in any court proceeding involving the offense.
301.046(4)(c)
(c) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is confined under
sub. (1), to the last-known address of the persons under
par. (b).
301.046(4)(d)
(d) The department shall design and prepare cards for any person specified in
par. (b) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable prisoner and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
par. (b). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
301.046(4)(e)
(e) Before a prisoner is confined under
sub. (1), the department shall notify the police chief of any community and the sheriff and district attorney of any county where the prisoner will be confined.
301.046(5)
(5) Electronic surveillance. The department shall monitor any prisoner's confinement under
sub. (1) by the use of an electronic device worn continuously on the prisoner's person or by the confinement of the prisoner in supervised places designated by the department. The department may permit the prisoner to leave confinement for employment, education or other rehabilitative activities.
301.046(6)
(6) Escape. Any intentional failure of a prisoner to remain within the extended limits of his or her confinement or to return within the time prescribed by the superintendent is considered an escape under
s. 946.42 (3) (a).
301.046 Cross-reference
Cross-reference: See also s.
DOC 327.01, Wis. adm. code.
301.046 Annotation
Read together, ss. 301.045 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).
301.046 Annotation
An inmate does not have a constitutionally protected liberty interest in maintaining his status under this section. Santiago v. Ware,
205 Wis. 2d 295,
556 N.W.2d 356 (Ct. App. 1996),
95-2453.
301.046 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 community residential confinement program.
81 Atty. Gen. 156.
301.047
301.047
Inmate rehabilitation and aftercare. 301.047(1)
(1)
Program. The department may permit one or more nonprofit community-based organizations meeting the requirements of this section to operate an inmate rehabilitation program in any department facility if the department determines that operation of that program does not constitute a threat to the security of the facility or the safety of inmates or the public and that operation of the program is in the best interest of the inmates.
301.047(2)(a)(a) An organization seeking to operate a rehabilitation program under
sub. (1) shall submit to the department a detailed proposal for the operation of the program. The proposal shall include all of the following:
301.047(2)(a)1.
1. A description of the services to be provided, including aftercare services, and a description of the geographic area in which aftercare services will be provided.
301.047(2)(a)2.
2. A description of the activities to be undertaken and the approximate daily schedule of programming for inmates participating in the program.
301.047(2)(a)3.
3. A statement of the qualifications of the individuals providing services.
301.047(2)(a)4.
4. A statement of the organization's policies regarding eligibility of inmates to participate in the program.
301.047(2)(a)6.
6. A description of the methods by which the organization will evaluate the effectiveness of the program in attaining the goals under
subd. 5.
301.047(2)(b)
(b) An organization seeking to operate a rehabilitation program under
sub. (1) shall agree in writing to all of the following:
301.047(2)(b)1.
1. The organization may not receive compensation from the department for services provided in the rehabilitation program.
301.047(2)(b)2.
2. The organization may not deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief.
301.047(2)(b)3.
3. An inmate may stop participating in the program at any time.
301.047(2)(b)4.
4. Upon the inmate's release, the organization shall provide community-based aftercare services for each inmate who completes the program and who resides in the geographic area described in
par. (a) 1.
301.047(3)
(3) Duties and authority of the department. 301.047(3)(a)(a) The department shall establish policies that provide an organization operating a rehabilitation program under
sub. (1) reasonable access to inmates.
301.047(3)(b)
(b) The department shall designate a specific portion of the facility for operation of a rehabilitation program, if one is established, under
sub. (1). To the extent possible, inmates participating in the program shall be housed in the portion of the facility in which the program is operated.
301.047(3)(c)
(c) The department may not require an inmate to participate in a rehabilitation program under
sub. (1).
301.047(3)(d)
(d) The department may not base any decision regarding an inmate's conditions of confinement, including discipline, or an inmate's eligibility for release, on an inmate's decision to participate or not to participate in a rehabilitation program under
sub. (1).
301.047(3)(e)
(e) The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement, and work assignments, shall be substantially the same for inmates who participate in a rehabilitation program under
sub. (1) and inmates who do not participate in such a program.
301.047(3)(f)
(f) The department may restrict an inmate's participation in a rehabilitation program under
sub. (1).
301.047(3)(g)
(g) The department may suspend or terminate operation of a rehabilitation program under
sub. (1) if the organization operating the program fails to comply with any of the requirements under this section and shall suspend or terminate the operation of a program if the department determines that suspension or termination of the program is necessary for the security of the facility or the safety of the inmates or the public or is in the best interests of the inmates.
301.047(3)(h)1.1. Except as provided in
subd. 2., if an organization operating a rehabilitation program under
sub. (1) promotes or informs the department that the organization intends to promote sectarian worship, instruction, or proselytization in connection with the rehabilitation program, the department shall permit all other religious organizations meeting the requirements of this section to operate an inmate rehabilitation program under
sub. (1).
301.047(3)(h)2.
2. The department is not required under
subd. 1. to permit a religious organization to operate an inmate rehabilitation program under
sub. (1) if the department determines that the organization's operation of that program constitutes a threat to the security of the facility or the safety of the inmates or the public.
301.047(4)
(4) Evaluation. The department shall evaluate or contract with a public or private agency for an evaluation of the effectiveness of each rehabilitation program operated under
sub. (1) in reducing recidivism and alcohol and other drug abuse among program participants. The department shall collect the data and information necessary to evaluate the program. No later than 3 years from the date on which the rehabilitation program begins operating, the department shall submit a report of the evaluation to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under
s. 13.172 (3).
301.047 History
History: 2001 a. 16.
