Wisconsin Legislature: DOC 328.04(3)(c)

(39) “Supervisor” means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.

(40) “Tolled time” means the period of time between the date of an offender’s violation and the date the offender’s supervision is reinstated or revoked.

(41) “Waiver” means the written relinquishment of known rights by an offender.

(42) “Working day” means each day, except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a), Stats.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (38) made under s. 13.92 (4) (b) 7., Register June 2013 No. 690.

Subchapter II — Offender under Supervision

DOC 328.04 Community supervision.

(1) Division employees are to provide individualized supervision of offenders in a manner consistent with the goals and objectives of this chapter.

(2) When an offender is placed on supervision, an agent’s duties shall include all of the following:

(a) Obtain information necessary for appropriate supervision of the offender.

(b) Evaluate the offender’s needs and risk to re-offend.

(d) Establish rules and explain and provide the offender with a copy of the rules and conditions.

(e) Inform the offender of the possible consequences of not abiding by the rules and conditions.

(f) Cooperate with and assist the district attorney who is responsible for determining restitution.

(g) Inform the offender of the administrative review process under s. DOC 328.12.

(h) Inform the offender of applicable state and local law enforcement registration requirements.

(i) Monitor the offender’s compliance with the conditions and rules including through the use of monitoring and tracking technology at the discretion of the department.

(j) Maintain complete and accurate case records for each offender.

(k) Supervise persons committed under s. 971.17, Stats., and ch. 980, Stats., in accordance with the agreement between the department and the department of health services.

(L) Report suspected child abuse cases to the appropriate authorities.

(m) Report to a supervisor as directed on the status of the offender.

(n) Report all violations of the criminal law by the offender to a supervisor and if appropriate, to law enforcement.

(o) Conduct investigations and prepare institution release plans in accordance with s. DOC 328.05.

(p) Collect restitution and other court ordered financial obligations, and fees as authorized by statute.

(q) Inform the offender of the process to petition for termination of lifetime supervision under s. 939.615 (6), Stats., if applicable.

(3) Standard rules require that the offender shall comply with all of the following:

(a) Avoid all conduct which is in violation of federal or state statute, municipal or county ordinances, or tribal law.

(b) Avoid all conduct which is not in the best interest of the public welfare or the offender’s rehabilitation.

(d) Participate in and comply with the requirements of programming recommended by the department.

(e) Inform the agent of whereabouts and activities as directed.

(f) Submit a written offender report and any other relevant information as may be required.

(g) Submit to searches ordered by the agent under s. DOC 328.22.

(h) Obtain permission from an agent prior to changing residence or employment. In the case of an emergency, notify the agent of the change within 72 hours.

(i) Obtain permission and a travel permit from an agent before leaving the state.

(L) Pay court ordered financial obligations and other fees as required.

(m) Obtain permission from an agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal or state law.

(n) Shall not vote in any federal, state, county, municipal, or school board election held in Wisconsin while on supervision for a felony conviction.

(o) Abide by all rules of any detention or correctional facility.

(p) Provide true and correct information verbally and in writing as required by the department.

(q) Report to an agent as directed.

(r) Submit a biological specimen for testing when ordered by a court or under s. 165.76, Stats.

(s) Comply with any additional rules that may be established by an agent. The rules may be modified at any time as appropriate.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (2) (i) Register October 2019 No. 766, eff. 11-1-19; CR 21-104: r. and recr. (3) (d), r. (3) (j), (k) Register May 2024 No. 821, eff. 6-1-24.

DOC 328.05 Institution release planning. After the inmate and institution staff have prepared a proposed release plan, the agent shall investigate the plan, comment as to its appropriateness, and suggest modifications if necessary. The plan must address any court-ordered conditions or conditions of release.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.06 Notice to law enforcement of inmate release to supervision. Before releasing an inmate to supervision, the department shall notify the municipal police department and the county sheriff in the area where the individual will reside.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.07 Supervision fees.

(1) Supervision fee. An offender shall pay a supervision fee.

(2) Establishment of fee. The department shall charge a fee not to exceed $60 per month to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services.

(3) Agent action. The assigned agent shall do all of the following:

(a) Establish the offender’s supervision fee or exemption.

(b) Provide the offender with a copy of the fee schedule.

(4) Reporting and verification of supervision fee. The department shall do all of the following:

(a) Record all supervision fees paid by the offender.

(b) Provide the offender access to a copy of the record of payments to verify receipt of payment.

(5) Refunds of supervision fees. The department shall refund supervision fees only when the offender has paid in advance for a month that the offender was not under supervision.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.

DOC 328.08 Financial obligations. When an offender is required to pay restitution or other financial obligations pursuant to state statute or court order, the following procedures apply:

(1) Acceptance and disbursement of payment. The department may at any time accept a payment from or on behalf of an offender, which is made pursuant to state statute or court order. The department shall transmit the payment to the department cashier for deposit in the offender’s account. The cashier shall disburse funds from the account in accordance with the court order or state statute.

(2) Unpaid financial obligations.

(a) For offenders who have not paid court ordered obligations, the department will provide notification to the sentencing court, district attorney, and victim at least 90 days prior to discharge.

(b) If the department determines that the offender has made a good faith effort to pay ordered obligations, the department shall recommend the court order the restitution due be entered as a civil judgment in favor of the victims.

(c) When the department determines that an offender who is on probation has not made a good faith effort to pay the ordered obligations, the department may recommend that the court extend the term of probation and modify any condition or recommend that the court enter a civil judgment in favor of the victims. The department shall inform the offender of his or her rights to a hearing and waiver under s. DOC 328.09 (2) and (3).

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.09 Extension of probation.

(1) Department recommendation. The department may recommend that a court extend the probation period under s. 973.09 (3) (a), Stats.

(2) Hearing. If the department recommends extension of an offender’s probation, the department shall notify the offender of the recommendation and the right to a court hearing.

(3) Waiver. An offender may knowingly and voluntarily waive the hearing in writing. The waiver shall state that:

(a) The offender has read the notice, or has had it communicated to him or her, and understands the notice under this section.

(b) The offender acknowledges that there is good cause for the extension.

(d) The offender was notified of the right to consult with an attorney before signing the waiver.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.10 Funds and property.

(1) Disclosure of financial information. An agent may require the offender to disclose all financial information, including tax returns, financial institution account statements, and wage information, to assist in the management of the offender’s financial resources.

(2) Monitoring of offender financial obligations. Receipting, remitting, and auditing of offender financial obligations shall be done in a manner consistent with department policies.

(3) Voluntary wage assignment. An agent may initiate a voluntary wage assignment against an offender’s wages in order to assure collection of court ordered financial obligations and other fees. If married, the offender’s spouse must also consent to the wage assignment.

(5) Offender property. Agents shall not receive or store any property for an offender except as provided under s. DOC 328.23.

(6) Management of offender’s financial resources.

(a) An agent may assist in the management and disbursement of the financial resources of an offender if one of the following factors applies:

1. The offender requests assistance.

2. The agent believes that management is necessary to control the offender’s funds.

3. The agent believes that management is necessary to ensure compliance with the offender’s existing restitution orders, and other financial obligations, including payment of supervision or monitoring fees under ss. DOC 328.07, 332.18, 332.19, and 332.20.

(b) When an agent manages funds under this section, the agent shall document all actions under this section as required by the department, including the reason the offender’s money is being managed.

(c) Management of the funds may be done only through a bank account in the offender’s name. All financial resources of an offender managed by an agent shall be deposited directly into the offender’s account upon receipt.

History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. (4) Register October 2019 No. 766, eff. 11-1-19.