301.12(14)(cm)2.
2. Subdivision
1. does not apply if, after considering the factors under par.
(c) 1. to
11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance payments is unfair to the child or to either of the parents.
301.12(14)(d)
(d) If the court finds under par.
(c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, the court's reasons for finding that use of the percentage standard is unfair to the child or the parent, the court's reasons for the amount of the modification and the basis for the modification.
301.12(14)(e)1.1. An order issued under s.
938.183 (4),
938.355 (2) (b) 4. or
(4g) (a),
938.357 (5m) (a), or
938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s.
40.62, duty disability benefits under s.
40.65, benefits under ch.
102 or
108, and other money due or to be due in the future to the county department under s.
46.215,
46.22, or
46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd.
5. The assignment shall be for an amount sufficient to ensure payment under the order.
301.12(14)(e)2.
2. Except as provided in subd.
3., for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.
301.12(14)(e)3.
3. Benefits under ch.
108 may be assigned and withheld only in the manner provided in s.
108.13 (4). Any order to withhold benefits under ch.
108 shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.
301.12(14)(e)4.
4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employee or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s.
973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.
301.12(14)(e)5.
5. The department shall promulgate rules for the operation and implementation of assignments under this paragraph.
301.12(14)(f)
(f) If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under par.
(e) 1. shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.
301.12(14)(g)
(g) For purposes of determining child support under par.
(b), the department shall promulgate rules related to the application of the standard established by the department of children and families under s.
49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s.
938.183,
938.32,
938.355, or
938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
301.12(16)
(16) The department shall delegate to county departments under ss.
46.215,
46.22 and
46.23 or the local providers of care and services meeting the standards established by the department under s.
301.08, the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities if those county departments or providers meet the conditions considered appropriate by the department. The department may delegate to county departments under ss.
46.215,
46.22 and
46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.
301.12 Annotation
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich,
98 Wis. 2d 274,
296 N.W.2d 742 (1980).
301.12 Annotation
Sub. (3) and s. 46.03 (18) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. In Interest of A.L.W.
153 Wis. 2d 412,
451 N.W.2d 416 (1990).
301.12 Annotation
Section 46.03 (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery. Section 46.10 governs enforcement procedure and allows courts to exercise discretion. In Matter of S.E. Trust,
159 Wis. 2d 709,
465 N.W.2d 231 (Ct. App. 1990).
301.12 Annotation
The uniform fee system under ss. 46.03 (18) and 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. In Interest of Kevin C.
181 Wis. 2d 146,
510 N.W.2d 746 (Ct. App. 1993).
301.12 Annotation
A circuit court may order parents to pay toward a child's support when a CHIPS child is placed in residential treatment, but the court may not assess any of the facility's education-related costs against the parents. Calumet County Department of Human Services v. Randall H.
2002 WI 126,
257 Wis. 2d 57,
653 N.W.2d 503,
01-1272.
301.12 Note
NOTE: The above-cited cases relate to cost of care and maintenance for a person receiving services provided by predecessor agencies to the department of corrections under s. 46.10.
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 employees 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 (1g).
301.132(2)
(2) The department may require a sex offender to submit to a lie detector test when directed to do so by the department. The department may require submission to a lie detector test under this subsection as part of a sex offender's correctional programming or care and treatment, as a condition of a sex offender's probation, parole or extended supervision, or both as part of a sex offender's correctional programming or care and treatment and as a condition of the sex offender's probation, parole or extended supervision.
301.132(3)
(3) The department shall promulgate rules establishing a lie detector test program for sex offenders. The rules shall provide for assessment of fees upon sex offenders to partially offset the costs of the program.
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 employees 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 employees 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;
2001 a. 103.
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(1f)
(1f) In addition to the institutions under sub.
(1), the department may establish and operate an adult correctional institution in the town of Birch, Lincoln County, at the location that was the Lincoln Hills School and Copper Lake School.
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 that, on July 31, 1981, was 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 employees of the institution specified in par.
(a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the director of the bureau of merit recruitment and selection in the department of administration to ensure that employees 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 director of the bureau of merit recruitment and selection in the department of administration shall provide guidelines for the administration of this selection procedure.
301.16(1q)
(1q) The department shall establish probation and parole holding facilities, one of which shall be the probation and parole holding and alcohol and other drug abuse treatment facility in the city of Milwaukee, as enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b) 1.
301.16(1r)
(1r) In addition to the institutions under sub.
(1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 24 years of age, who have been placed in a state prison under s.
302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 500 at any one time.
301.16(1s)
(1s) In addition to the institutions under sub.
(1), the department shall establish a medium security correctional institution that is a part of the correctional facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is located in Redgranite.
301.16(1t)
(1t) In addition to the institutions under sub.
(1), the department shall establish a medium security correctional institution that is a part of the correctional facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is located in New Lisbon.
301.16(1v)
(1v) In addition to the institutions under sub.
(1), the department shall establish a minimum security correctional institution in Chippewa Falls.
301.16(1x)
(1x) Inmates from the Wisconsin state prisons may be transferred to the institutions under this section, except that inmates may not be transferred to a Type 1 juvenile correctional facility established under sub.
(1w) unless required under s.
973.013 (3m). Inmates transferred under this subsection shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employees 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.
301.17
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)(by)
(by) Provide the facilities necessary for the Racine Youthful Offender Correctional Facility under s.
301.16 (1r).
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)(c)
(c) Provide the facilities necessary for the correctional institution under s.
301.16 (1v) using the Highview building located at the Northern Wisconsin Center for the Developmentally Disabled and converted to a correctional facility under
1999 Wisconsin Act 9, section
9107 (1) (b) 1.
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)(fm)
(fm) Provide the facilities necessary for each Type 1 juvenile correctional facility established under s.
301.16 (1w).
301.18(1)(g)
(g) Provide the facilities necessary for housing to alleviate overcrowding.
301.18(1)(h)
(h) Provide the facilities necessary for the geriatric correctional institution established under s.
301.16 (1ww).
301.18(1m)
(1m) The department of health 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.
301.18 Annotation
A private company may build a private incarceration facility without enabling legislation, but it cannot be operated by a private company. A state purchase or lease must be within the state's long range building program and approved by the joint finance committee. Out-of-state prisoners may be housed by the state, a county, or a municipality only as authorized per statute, which is currently limited to the Interstate Corrections Compact, s. 302.25.
OAG 2-99.
301.19
301.19
Restriction on construction of correctional facilities. 301.19(1)(a)
(a) “Authorized jurisdiction" means a county, 2 counties acting jointly under s.
302.44, the United States, or a federally recognized American Indian tribe or band in this state.
