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.
15. Alonzo J. Gray of Black River Falls, Wisconsin, claims $1,864.00 for restitution money allegedly taken illegally from his inmate account. Claimant was sentenced in 2001 with a restitution amount “to be determined.” Claimant points to the fact that the judge specifically stated at sentencing, “If there is restitution owing, it’s got to be brought to my attention within 90 days of today’s date or I don’t have the power to order restitution.” Despite this 90-day limit, in May 2003, Department of Corrections Probation and Parole Agent Amity Roberts sent a memo to the District Attorney to get restitution imposed. Claimant believes Roberts conspired with the DA’s Office to deprive claimant of due process and illegally impose restitution. In September 2003, the court ordered this restitution. Claimant alleges he was never notified of this order and remained unaware of the restitution until DOC installed a new accounting system in 2016 and began deducting the money from his account. Claimant filed a court challenge and the court vacated the restitution in July 2018. Claimant states that this restitution was illegally imposed, and requests refund of the money taken by DOC.
DOC recommends denial of this claim. DOC notes that Agent Roberts did not enter a restitution order for the claimant, the court did so. Her memo to the District Attorney states “…. we are providing you will all of the relevant information gathered to date by the DOC in this case for whatever use you believe is appropriate.” Agent Roberts did not “conspire” with the DA’s office, but simply notified them that there were outstanding burial costs related to the case. In September 2003 the court issued a restitution order and DOC deducted restitution based on that order. By the time the court vacated the restitution order in July 2018, the full restitution amount had been deducted from claimant’s account and disbursed to the victim. The court did not order DOC to refund the money and DOC policy DAI 309.45.02 does not require DOC to claw back restitution money from victims once it has been disbursed. There was no negligence on the part of DOC staff in the collection and disbursement of this money and the claim should be denied.
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.
16. Robert L. Hamilton of New Lisbon, Wisconsin, claims $194.12 for refund of money deducted from his inmate account related to two convictions. Claimant states that the Department of Corrections deducted $117.58 restitution for case no. 95CF1012 beginning in November 2016, but that he had already paid this restitution when he was released in December 1996. Claimant points to the fact that upon his release, the money in his account was given to his parole agent, who would have deducted any restitution still owed before giving him the remaining money and the fact that he received $135.45 means his restitution must have been paid. He also states that case no. 95CF1012 was discharged in 2000, therefore the department had no authority to deduct restitution money for this case after that date, pursuant to Markovic v. Litscher. In the second instance, DOC deducted $76.54 for restitution in case no. 96CF444. Claimant states that restitution was not ordered at sentencing, but in 1998 a DOC agent provided a restitution form to the court that falsely attested she had discussed the restitution amount with claimant and that he agreed to it. Claimant states that he was never informed of this restitution amount and was not present at the restitution hearing as he should have been. He also notes that the court never amended his original Judgment of Conviction with the restitution amount, therefore, DOC was bound by the original JOC which did not order restitution. Claimant filed a motion with the court and the restitution order was vacated. Claimant believes that in both of these cases DOC acted unlawfully, and requests reimbursement of the funds deducted from his account.
DOC recommends denial of this claim. Regarding case no. 95CF1012, DOC states that claimant had not previously paid this restitution and a check of his inmate account history show no prior payments related to this case. DOC also notes that although Markovic bars DOC from collecting on discharged cases from inmate wages, it does allow deductions from outside monies. Claimant earns no wages and these deductions were made from outside funds. Regarding case no. 96CF444, DOC states that no DOC employee misled or compelled the court to order restitution. DOC provided information to the court and the court decided to order restitution and impose that restitution as a separate order rather than amending claimant’s original JOC. DOC states that in both of these cases, the department was acting pursuant to a valid court order when these amounts were deducted from claimant’s account. The deducted funds were disbursed to claimant’s victims and neither the court nor DOC rules require that the department retrieve this money from those victims.
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 payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 16.001 (6)(b), Stats: That decision of the following claim is deferred until a later date:
Derrick Sanders
That the following identified claimants are denied:
Kip & Nancy Peters
Tracy B. Anderson
Deleon Harland
Mario A. Harris, Sr.
Ralph Jurjens, III
Phillip Keller
Anthony M. Lee
Davon Thompson
Andrew Whittcomb
Deron D. Love
Charles Blunt, Sr.
Alonso J. Gray
Robert L. Hamilton
Dated at Madison, Wisconsin this 11th day of September, 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 Wanggaard, with unanimous consent, asked that the Senate stand adjourned until Thursday, September 19, 2019.
Adjourned.
12:56 P.M.
