301.068
301.068
Community services to reduce recidivism. 301.068(1)(1) The department shall establish community services that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing by 2010-11 the recidivism rate of persons who are on probation, parole, or extended supervision following a felony conviction. In establishing community services under this section, the department shall consider the capacity of existing services and any needs that are not met by existing services.
301.068(2)
(2) The community services to reduce recidivism under
sub. (1) shall include all of the following:
301.068(2)(a)
(a) Alcohol and other drug treatment, including residential treatment, outpatient treatment, and aftercare.
301.068(2)(d)
(d) Treatment and services that evidence has shown to be successful and to reduce recidivism.
301.068(3)
(3) The department shall ensure that community services established under
sub. (1) meet all of the following conditions:
301.068(3)(a)
(a) The community services target offenders at a medium or high risk for revocation or recidivism as determined by valid, reliable, and objective risk assessment instruments that the department has approved.
301.068(3)(b)
(b) The community services provide offenders with necessary supervision and services that improve their opportunity to complete their terms of probation, parole, or extended supervision. The community services may include employment training and placement, educational assistance, transportation, and housing. The community services shall focus on mitigating offender attributes and factors that are likely to lead to criminal behavior.
301.068(3)(c)
(c) The community services use a system of intermediate sanctions on offenders for violations.
301.068(3)(d)
(d) The community services are based upon assessments of offenders using valid, reliable, and objective instruments that the department has approved.
301.068(4)
(4) The department shall develop a system for monitoring offenders receiving community services under this section that evaluates how effective the services are in decreasing the rates of arrest, conviction, and imprisonment of the offenders receiving the services.
301.068(5)
(5) The department shall provide to probation, extended supervision, and parole agents training and skill development in reducing offenders' risk of reoffending and intervention techniques and shall by rule set forth requirements for the training and skill development. The department shall develop policies to guide probation, extended supervision, and parole agents in the supervision and revocation of offenders on probation, extended supervision, and parole and develop practices regarding alternatives to revocation of probation, extended supervision, or parole. To the extent practicable, the department shall incorporate the practices into the system developed under
s. 301.03 (3) (a).
301.068(6)
(6) The department shall annually submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3), and the director of state courts. The report shall set forth the scope of the community services established under
sub. (1); the number of arrests of, convictions of, and prison sentences imposed on offenders receiving the community services under this section; and the progress toward recidivism reduction.
301.068 History
History: 2009 a. 28;
2013 a. 196.
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 juvenile correctional services and may enter into contracts with the federal government under
18 USC 5003.
301.073
301.073
American Indian tribal community reintegration program. The department shall establish a program to facilitate the reintegration of American Indians who have been incarcerated in a state prison into their American Indian tribal communities. Under the program, each participant shall be provided an integration plan that addresses the participant's needs and shall be provided services that are customized for the participant. The program shall encourage confidence, responsibility, and independence among participants. The department shall ensure that the program incorporates tribal practices and traditions that meet the participant's community reintegration needs.
301.073 History
History: 2013 a. 20 s.
181; Stats. 2013 s. 301.073.
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 juvenile correctional facilities, residential care centers for children and youth, as defined in
s. 938.02 (15d), and secured residential care centers for children and youth 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 juvenile correctional facility, residential care center for children and youth, or a secured residential care center for children and youth contracted for under this subdivision as a Type 2 juvenile correctional facility, as defined in
s. 938.02 (20), and may designate a residential care center for children and youth or secured residential care center for children and youth contracted for under this subdivision as a Type 2 residential care center for children and youth, as defined in
s. 938.02 (19r).
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) (gf).
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 juvenile correctional services 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 payments for juvenile correctional services 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 those 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;
2015 a. 55.
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.
301.095
301.095
Council on offender reentry. The council on offender reentry shall do all of the following:
301.095(1)
(1) Inform the public as to the time and place of council meetings and, for at least one meeting per year, encourage public participation and receive public input in a means determined by the chairperson.
301.095(2)
(2) Coordinate reentry initiatives across the state and research federal grant opportunities to ensure initiatives comply with eligibility requirements for federal grants.
301.095(3)
(3) Identify methods to improve collaboration and coordination of offender transition services, including training across agencies and sharing information that will improve the lives of the offenders and the families of offenders.
301.095(4)
(4) Establish a means to share data, research, and measurement resources that relate to reentry initiatives.
301.095(5)
(5) Identify funding opportunities that should be coordinated across agencies to maximize the use of state and community-based services as the services relate to reentry.
301.095(6)
(6) Identify areas in which improved collaboration and coordination of activities and programs would increase effectiveness or efficiency of services.
301.095(7)
(7) Promote research and program evaluation that can be coordinated across agencies with an emphasis on research and evaluation practices that are based on evidence of success in treatment and intervention programs.
301.095(8)
(8) Identify and review existing reentry policies, programs, and procedures to ensure that each policy, program, and procedure is based on evidence of success in allowing an offender to reenter the community, improves the chances of successful offender reentry into the community, promotes public safety, and reduces recidivism.
