DOC recommends denial of this claim. DOC notes that the version of DAI 309.45.02 in effect at the time these collections were made did not require staff to distinguish between discharged and active cases when collecting funds toward court-ordered obligations. In October 2017, DAI 309.45.02 was amended to permit but not require staff to stop collection on some obligations for discharged cases. DOC policy has never mandated that staff stop all collection for discharged cases. DOC points to Wis. Stat. § 301.31, which authorizes DOC to use inmate funds to pay prisoner obligations that have been reduced to judgement and, Wis. Stat. § 301.32(1), which authorizes DOC to use inmate funds to pay surcharges, victim restitution, or for the benefit of the prisoner. DOC believes that paying off an inmate’s debt, even if on a discharged case, is to his benefit. Finally, DOC states that the money collected was not held by DOC for its own benefit but was disbursed to pay his court obligations. DOC acted in conformance with the law and its own policy in this matter and claimant has presented no evidence of staff negligence. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
The Board concludes:
That the following identified claimants are denied:
Robert Schlimm
Michels Corporation
Vitech Systems Group, Inc.
Timothy Smunt
Pastori Balele
Kelley Avery
Mekious D. Bullock, Sr.
Oscar Garner
James R. Harris
Frank Penigar, Jr.
Dale M. Robinson
Dated at Madison, Wisconsin this 30th day of May, 2019.
COREY FINKELMEYER
Chair, Representative of the Attorney General
AMY KASPER
Secretary, Representative of the Secretary of Administration
RYAN NILSESTUEN
Representative of the Governor
LUTHER OLSEN
Senate Finance Committee
_____________
Adjournment
Senator Fitzgerald, with unanimous consent, asked that the Senate stand adjourned until Tuesday, June 11, 2019.
Adjourned.
2:55 P.M.
