2023 Wisconsin Statutes & Annotations › Chapter 301 - Corrections. › 301.03 - General corrections authority.

301.03
General corrections authority.
The department shall:
(1)
Supervise, manage, preserve and care for the buildings, grounds and other property pertaining to the state correctional institutions and promote the objectives for which they are established.
(2)
Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s. 303.01.
(2g)
Provide alcohol or other drug abuse assessments so that a prisoner can receive such an assessment either during his or her initial assessment and evaluation period in the state prison system or at the prison where he or she is placed after the initial assessment and evaluation period.
(2m)
Provide alcohol or other drug abuse treatment at each state prison except a Type 2 prison, the correctional institution authorized under s. 301.046, a minimum security correctional institution authorized under s. 301.13 or a state-local shared correctional facility established under s. 301.14.
(2r)
Conduct drug testing of prospective parolees or persons to be placed on extended supervision who have undergone treatment while in state prison.
(3)
Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole, in cases in which there is no waiver of the right to a hearing, shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules to do all of the following:
(a)
Develop a system of short-term sanctions for violations of conditions of parole, probation, extended supervision, and deferred prosecution agreements that sets forth a list of sanctions to be imposed for the most common violations.
(b)
Ensure that the system of short-term sanctions developed under par. (a) does all of the following:
1.
Takes into account the objective to be accomplished by imposing the sanction, considers the level of intensity necessary to achieve the objective, and considers the extent to which sanction imposition is likely to accomplish the objective.
2.
Takes into account the goals of protecting the public, correcting the offender's behavior, and holding the offender accountable.
3.
Determines when revocation is the required response to the violation.
4.
Provides flexibility in imposing sanctions but also provides offenders with clear and immediate consequences for violations.
5.
Provides examples of high, medium, and low level sanctions and what factors to consider when determining which level of sanction to apply.
6.
Determines how to reward offenders for compliance with conditions of parole, of probation, of extended supervision, or of the agreement.
7.
Ensures that efforts to minimize the impact on an offender's employment are made when applying sanctions.
8.
Ensures that efforts to minimize the impact on an offender's family are made when applying the sanctions.
(c)
Perform reviews of sanctions imposed under the system to assess disparities among sanctions, to evaluate the effectiveness of sanctions, and to monitor the impact of sanctions on the number and type of revocations for violations.
(3a)
Subject to all of the following, design a form to provide notice under ss. 302.117, 973.09 (4m), and 973.176 (2) of ineligibility to vote under s. 6.03 (1) (b):
(a)
The form shall inform the person who is ineligible to vote that he or she may not vote in any election until his or her civil rights are restored.
(b)
The form shall inform the person who is ineligible to vote when his or her civil rights are expected to be restored.
(c)
The form shall include a place for the person to sign indicating that he or she understands that he or she may not vote in any election until his or her civil rights are restored. The form shall include a place also for a witness signature.
(d)
The department shall retain the form, and a copy shall be given to the person.
(3b)
Establish regulations for persons placed on lifetime supervision under s. 939.615, supervise and provide services to persons placed on lifetime supervision under s. 939.615 and promulgate rules for the administration of matters relating to lifetime supervision under s. 939.615.
(3c)
If requested by the department of health services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3), or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.
(3d)
If requested by the department of health services, contract with that department to provide a secure mental health unit or facility under s. 980.065 (2).
(3g)
Provide treatment for alcoholics and intoxicated persons on parole or extended supervision.
(3m)
Monitor compliance with deferred prosecution agreements under s. 971.39.
(3r)
If any restitution ordered under s. 973.20 (1r) remains unpaid at the time that a person's probation or sentence expires, or he or she is discharged by the department, give to the person upon release, or send to the person at his or her last-known address, written notification that a civil judgment may be issued against the person for the unpaid restitution.
(4)
If requested by the governor, make recommendations as to pardons or commutations of sentence.
(5)
Examine all institutions authorized by law to receive and detain witnesses, prisoners or convicted persons, and inquire into all matters relating to their management, including the management of witnesses, prisoners or convicted persons, and the condition of buildings and grounds and other property connected with the institutions.
(5d)
Ensure that the superintendent or other person in charge of each state correctional institution designates a person to meet with correctional officers employed at the institution to discuss potential or ongoing safety concerns at the institution and to develop solutions to the concerns.
(5f)
Require the superintendent or other person in charge of each state correctional institution to make a record of any alleged violation of s. 940.20 (1) by a prisoner of the institution against a correctional officer or a teacher who is employed by the department. The department shall forward all records under this subsection to the law enforcement agency with jurisdiction over the institution.
(5h)
Develop, with the assistance of the division of personnel management in the department of administration, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.
(6)
Direct the correctional psychiatric service in all state correctional institutions.
(6m)
On or before January 30 of each year, after consultation with the department of health services, report to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), on all of the following:
(a)
The number of prisoners transferred to a mental health institute under s. 51.20 (13) (a) 4. and their average length of stay and the number of prisoners transferred to a mental health institute on a voluntary basis and their average length of stay.
(b)
The number of prisoners being treated with psychotropic drugs on both a voluntary and involuntary basis and the types of drugs being used.
(c)
A description of the mental health services available to prisoners on both a voluntary and involuntary basis.
(6r)
By January 30 of each year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), on the number of prisoners that the department considers to be violent and the total number of prisoners.
(6t)
On or before January 1 of each year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature on the use of overtime in the state correctional institutions, identifying the state correctional institution, and, for each correctional institution, the amount and costs of overtime and the reason for the overtime at that correctional institution.
(7)
Direct the educational programs, including an adult basic education program, in all state correctional institutions. The department shall test the reading ability of each prisoner.
(7m)
Supervise criminal defendants accepted into the custody of the department under s. 969.02 (3) (a) or 969.03 (1) (a). The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.
(9)
Supervise all persons placed in a state prison under s. 938.183 and all persons placed under the supervision of the department by the court under ch. 938.
(10)
(a)
Execute the laws relating to the detention, reformation, and correction of delinquent juveniles placed under its jurisdiction.
(b)
Supervise all juveniles under its jurisdiction who have been adjudicated delinquent and exercise such functions as the department considers appropriate for the prevention of delinquency.
(c)
Promote the enforcement of laws for the protection of delinquent juveniles under its jurisdiction. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.
(d)
Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders who are under the supervision of the department from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.
(e)
Provide educational programs in all juvenile correctional facilities operated by the department.
(f)
Provide health services and psychiatric services for residents of all juvenile correctional facilities operated by the department.
(g)
Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).
(11)
By February 1, 2002, submit a report to the legislature under s. 13.172 (2) concerning the extent to which the department has required pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation or parole and the effectiveness of the treatment in the cases in which its use has been required.
(12)
Cooperate and coordinate its activities with other state and local agencies to provide educational, social, health and other services to offenders, except as provided in s. 302.386 (5).
(13)
Annually notify each person who has been discharged from probation, extended supervision or parole and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.
(14)
Upon request of the department of revenue, disclose information to the department of revenue concerning a prisoner, probationer or parolee or a person registered under s. 301.45 for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
(15)
On or before August 1 of each even-numbered year, provide to the department of health services an estimate of the total proposed budget that the department of corrections will submit in its biennial budget request under s. 16.42.
(16)
At the request of the legislature, submit to the legislature under s. 13.172 (2) a report that includes the following information and post the report on the department's website:
(a)
If, since the previous report was submitted or during a date range specified in the request, an individual was pardoned for a crime or was released from a term of imprisonment without completing his or her sentence, the name of the individual, the pertinent crime, and the name of the person who authorized the action.
(b)
If an individual who appears on a report submitted under this subsection is convicted of a crime, the name of that individual and the crime for which he or she was convicted.
(18)
(a)
Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile correctional services purchased or provided by the department or purchased by a county department under s. 46.215, 46.22, or 46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.
(b)
Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services purchased or provided under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, 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.
(c)
Make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under par. (b). This paragraph does not apply to the recovery of fees for the care and services specified under s. 301.12.
(d)
Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the collection and deportation counsel appointed under s. 301.12 (7) or the secretary, shall be evidence of the services provided and the fees charged for those services.
(e)
Delegate to county departments under s. 46.215, 46.22 or 46.23 and other providers of care and services the powers and duties vested in the department by pars. (c) and (d) as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.
(g)
Return to county departments under s. 46.215, 46.22 or 46.23 50 percent of collections made by the department for delinquent accounts previously delegated under par. (e) and then referred back to the department for collections.
(19)
Subject to sub. (20), work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g).
(20)
(a)
Except as provided in s. 304.06 (2m) (b), place, in one of the following locations, each person who has been convicted of a sex offense, as defined in s. 301.45 (1d) (b), upon his or her release to parole or extended supervision:
1.
The county in which the person resided on the date of the sex offense.
2.
The county in which the person was convicted of the sex offense.
3.
A sex offender treatment facility.
(b)
Paragraph (a) does not preclude the department from authorizing a person to reside in a location other than one listed in par. (a) 1. to 3. if the department initially placed the person in one of those listed locations.
(20m)
Transmit to the elections commission, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.
(20r)
Provide probation, assessment, treatment, and other community treatment options for persons convicted of a 2nd or 3rd offense counted under s. 343.307 (1) with no waiting list for services. If the moneys appropriated under s. 20.410 (1) (bd) are not sufficient to fully fund the services with no waiting list, the department shall notify the joint committee on finance.
History:  1989 a. 31, 107, 121, 188, 336; 1991 a. 39; 1993 a. 16, 377, 479; 1995 a. 27 ss. 6355, 6356m, 6356p, 9126 (19); 1995 a. 77, 141; 1997 a. 27, 35, 237, 275, 283, 284; 1999 a. 9, 32; 2001 a. 16, 109; 2003 a. 321; 2005 a. 344, 431, 434, 451; 2007 a. 1; 2007 a. 20 ss. 3100g, 9121 (6) (a); 2007 a. 96, 97; 2009 a. 28, 100; 2011 a. 32, 38; 2013 a. 196, 334; 2015 a. 55, 118; 2017 a. 185, 369; 2019 a. 8 s. 58; 2021 a. 153, 186.
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. Klisurich v. DHSS, 98 Wis. 2d 274, 296 N.W.2d 742 (1980).
Sections 46.03 (18) and 46.10 (3) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. J.G.W. v. Outagamie County Department of Social Services, 153 Wis. 2d 412, 451 N.W.2d 416 (1990).
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. S.E. v. Waukesha County, 159 Wis. 2d 709, 465 N.W.2d 231 (Ct. App. 1990).
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. Daniel R.C. v. Waukesha County, 181 Wis. 2d 146, 510 N.W.2d 746 (Ct. App. 1993).
NOTE:  The above annotations relate to uniform fee schedules for services provided by predecessor agencies to the Department of Corrections under s. 46.03 (18).
In this case, as conditions of supervision, the circuit court ordered that the defendant not reside with any member of the opposite sex, nor any child not related by blood, without the permission of the court. That “permission," if given, must be granted by the court through the means of an actual modification of the supervision conditions via s. 302.113 (7m) or 973.09 (3) and the procedures and requirements related to those statutes. A circuit court does not have the authority to engage in informal, situation-by-situation oversight of a defendant on supervision because it would amount to the court usurping the Department of Corrections' statutorily granted authority to “administer" extended supervision and probation matters under sub. (3). State v. Williams-Holmes, 2022 WI App 38, 404 Wis. 2d 88, 978 N.W.2d 523, 21-0809.