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) Except as provided in par.
(em), 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)(em)1.a.
a. “Provider" means a nonstock corporation organized under ch.
181 that is a nonprofit corporation, as defined in s.
181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s.
46.215,
46.22,
46.23,
51.42, or
51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.
301.08(2)(em)1.b.
b. “Rate-based service" means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.
301.08(2)(em)2.
2. If revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider to retain from the surplus up to 5 percent of the revenue received under the contract unless a uniform rate is established by rule under subd.
6., in which case the contract shall allow the provider to retain the uniform percentage rate established by the rule. The retained surplus is the property of the provider.
301.08(2)(em)3.
3. If on December 31 of any year the provider's accumulated surplus from all contract periods ending during that year for a rate-based service exceeds the allowable retention rate under subd.
2., the provider shall provide written notice of that excess to all purchasers of the rate-based service. Upon the written request of such a purchaser received no later than 6 months after the date of the notice, the provider shall refund the purchaser's proportional share of that excess. If the department determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department may seek to recover funds after the 6-month period has expired. The department shall commence any audit or fiscal review under this subdivision within 6 years after the end of the contract period.
301.08(2)(em)4.
4. Notwithstanding subd.
2., a county department under s.
46.215 providing client services in a county having a population of 750,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under
42 USC 601 to
619.
301.08(2)(em)5.
5. All providers that are subject to this paragraph shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.
301.08(2)(em)6.
6. The department, in consultation with the department of health services and the department of children and families, shall promulgate rules to implement this paragraph including all of the following:
301.08(2)(em)6.a.
a. Requiring that contracts for rate-based services under this subsection allow a provider to retain from any surplus revenue up to 5 percent of the total revenue received under the contract, or a different percentage rate determined by the department. The percentage rate established under this subd.
6. a. shall apply uniformly to all rate-based service contracts under this paragraph.
301.08(2)(em)6.b.
b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this paragraph.
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.
301.095(9)
(9) Promote collaboration and communication between the department and community organizations that work in offender reentry.
301.095(10)
(10) Work to include victims in the reentry process and promote services for victims, including payments of any restitution and fines by the offenders, safety training, and support and counseling, while the offenders are incarcerated and after the offenders are released.
301.095(11)
(11) Annually submit a report to the governor, any relevant state agencies, as identified by the council, and to the chief clerk of each house of the legislature for distribution to the legislature under s.
13.172 (2) that provides information on all of the following:
301.095(11)(b)
(b) Any impact the council's work has had on recidivism.
301.095(11)(c)
(c) The effectiveness of agency coordination and communication.
301.095(11)(e)
(e) Recommendations on legislative initiatives and policy initiatives that are consistent with the duties of the council.
301.095 History
History: 2009 a. 28,
104.
301.10
301.10
Purchases, bills, audits, payments. Unless otherwise provided by law, no bills may be incurred in the management of the institutions nor be paid until they have been audited by the department of corrections under the supervision of the department of administration. All payments shall be made on the warrant of the department of administration drawn in accordance with the certificate of the proper designated officer of the department of corrections. All claims and accounts, before being certified to the department of administration by the department of corrections, shall be verified and approved as provided in s.
16.53.
301.103
301.103
Prescription drug formulary. The corrections system formulary board shall promulgate rules establishing written guidelines or procedures for making therapeutic alternate drug selections for the purposes of s.
450.01 (16) (hr). Rules promulgated under this section shall apply uniformly within all state correctional institutions.
301.103 History
History: 2015 a. 40.
301.105
301.105
Telephone company commissions. The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the secretary of administration. The secretary of administration shall do all of the following:
301.105(1)
(1) Deposit two-thirds of all moneys collected under this section in the general fund as general purpose revenue-earned.
301.105(2)
(2) Credit one-third of all moneys collected under this section to the appropriation account under s.
20.410 (1) (gt).
301.105 History
History: 1993 a. 16;
2003 a. 33.
301.11
301.11
Reports of corrections institutions. 301.11(1)(1)
Monthly report. The officer in charge of each state institution under the control of the department shall report monthly to the department an itemized statement of all receipts and disbursements and of the daily number of inmates, officers, teachers and employees, and of the wages paid to each.
301.11(2)
(2)
Biennial report. On July 1 in each even-numbered year, the officer in charge of each state institution under the control of the department shall submit a report to the department, covering the preceding biennial fiscal term, which includes a summarized statement of the management of every department of the institution and of all receipts and disbursements, and any other information the department requires.
301.11 History
History: 1989 a. 31.
301.12
301.12
Cost of care and maintenance, liability; collection and deportation counsel; collections; court actions; recovery. 301.12(2)
(2) Except as provided in subs.
(2m) and
(14) (b) and
(c), any person, including a person placed under s.
938.183,
938.32 (1) (bm) or
(c),
938.34 (4h) or
(4m), or
938.357 (1),
(2m),
(4), or
(5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, 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, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s.
301.03 (18). If a spouse, widow, or minor, or an incapacitated person, may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for that person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.
301.12(2m)
(2m) The liability specified in sub.
(2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in s.
302.01.
301.12(3)
(3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the resident; then, in the case of a minor, the parent or parents.
