Chapter DOC 332

DOC 332.18(3) (3) Deferral of payments.

DOC 332.18(3)(a) (a) Except if the offender has the present ability to pay the fee, permit deferral of payment if the offender meets one or more of the following conditions, until a time when the conditions no longer exist:

DOC 332.18(3)(a)1. 1. Has used all reasonable and appropriate means to obtain employment as determined by the offender’s probation and parole agent, but has been unable to obtain employment which provides the offender sufficient income to pay the lie detector fee.

DOC 332.18(3)(a)2. 2. Is a student enrolled in a full-time course of instruction. In this subdivision, “full-time course of instruction” means enrolled in an accredited course of instruction and registered for more than 9 credits in post secondary education or full-time high school or full-time junior high school, and “school” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats. The offender shall provide a release of information to verify enrollment and registration of credits. If the offender fails to provide the release of information, no deferral may be given. The educational institution shall certify to the department that the offender is enrolled and attending a full-time course work at the educational institution.

DOC 332.18(3)(a)3. 3. Is undergoing psychological, chemical or medical treatment consistent with the supervision plan approved by the department and is unable to be employed. The treatment provider shall certify the status to the department.

DOC 332.18(3)(a)4. 4. Has a statement from a licensed physician excusing the offender from work for medical reasons and the offender is unable to be employed because of the medical reasons.

DOC 332.18(3)(b) (b) The agent shall make a determination concerning an offender’s deferral of payment of the lie detector fee within 10 working days of determining that an offender is required to participate in the lie detector examination process or within 10 working days of a change in the offender’s financial or employment status as reported in accordance with s. DOC 328.04 (3) (h).

DOC 332.18(3)(c) (c) The agent’s supervisor shall review all decisions made by the offender’s probation and parole agent to defer payment of the lie detector fee.

DOC 332.18(4) (4) Collection. Develop procedures for the collection of lie detector fees. The offender who is a sex offender shall pay the lie detector fees to the department according to the procedures established by the department.

DOC 332.18(5) (5) Copies of fee schedule and payment procedures. Provide the offender who is a sex offender with copies of the lie detector fee schedule, administrative fee requirement, and lie detector fee payment procedures.

DOC 332.18(6) (6) Record of payments. Record all lie detector fees paid by the offender, and on request of the offender, provide the offender with a copy of the record of payments to verify receipt of the payments.

DOC 332.18(7) (7) Notice to offender when payment is not received. Advise the offender in writing if payment of the lie detector fee has not been made in accordance with the payment schedule.

DOC 332.18(8) (8) Possible actions if fee is not paid. Take action under s. DOC 332.17 (6) (a), if an offender who is a sex offender fails to pay a lie detector fee. The department may use any of the following actions in any order when an offender who is a sex offender fails to pay the lie detector fee:

DOC 332.18(8)(a) (a) Counseling.

DOC 332.18(8)(b) (b) Wage assignment.

DOC 332.18(8)(c) (c) Review of supervision level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, electronic monitoring or detention in a jail, correctional facility, or house of correction.

DOC 332.18(8)(d) (d) Issue a recommendation for revocation of parole or probation under the provisions of ch. DOC 331 for the offender’s willful failure to pay the lie detector fee after the agent has taken action under sub. (1) and has determined that the offender has the ability to pay the lie detector fee.

DOC 332.18(8)(e) (e) Any other appropriate means of obtaining the lie detector fee.

DOC 332.18 History History: Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98; CR 10-126: am. (3) (b) Register June 2013 No. 690, eff. 7-1-13.

DOC 332.19 DOC 332.19 Sex offender registration fee.

DOC 332.19(1) (1) Applicability. A person who is required to register as a sex offender under s. 301.45, Stats., shall be charged a registration fee to partially offset the costs of monitoring registrants.

DOC 332.19(2) (2) Definitions. In this section:

DOC 332.19(2)(a) (a) “Custody” means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s. 302.113, Stats.

DOC 332.19(2)(b) (b) “Offender” means a person on probation, parole, or extended supervision under s. 302.113, Stats.

DOC 332.19(2)(c) (c) “Registrant” means a person required to register as a sex offender under s. 301.45, Stats.

DOC 332.19(3) (3) Fee. The sex offender registration fee shall be $100.00 on an annual basis.

DOC 332.19(4) (4) Recording of registration fee. With reference to the sex offender registration fee under sub. (3), the department shall do the following:

DOC 332.19(4)(a) (a) Record all registration fees paid by a registrant.

DOC 332.19(4)(b) (b) Provide the registrant access to a copy of the record of payments to verify receipt of payments.

DOC 332.19(4)(c) (c) Advise the registrant of nonpayment of registration fees.

DOC 332.19(4)(d) (d) Audit the record of payment of registration fees.

DOC 332.19(5) (5) Collection of registration fee. In collecting the sex offender registration fee, all of the following shall occur:

DOC 332.19(5)(a) (a) The department shall do the following:

DOC 332.19(5)(a)1. 1. Establish a registration fee payment schedule including all of the following:

DOC 332.19(5)(a)1.a. a. A grace period for the initial registration fee payment.

DOC 332.19(5)(a)1.b. b. A deadline for payment for each subsequent year of registration.

DOC 332.19(5)(a)2. 2. Approve procedures for the collection of registration fees.

DOC 332.19(5)(a)3. 3. Provide the registrant with a copy of the sex offender registration fee payment procedures.

DOC 332.19(5)(a)4. 4. Credit those moneys collected to the appropriation account under s. 20.410 (1) (gd), Stats.

DOC 332.19(5)(b) (b) The registrant shall pay the sex offender registration fee to the department according to the procedures established by the department.

DOC 332.19(6) (6) Department action when a registrant fails to pay registration fee. The department may use any of the following actions in any order when a registrant fails to pay the sex offender registration fee:

DOC 332.19(6)(a) (a) Counseling.

DOC 332.19(6)(b) (b) Wage assignment.

DOC 332.19(6)(c) (c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or electronic monitoring or detention in a jail, correctional facility or house of correction for those on probation, parole or extended supervision.

DOC 332.19(6)(d) (d) Issue a recommendation for revocation of parole, probation, or extended supervision for an offender’s willful failure to pay the sex offender registration fee.

DOC 332.19(6)(e) (e) Any other appropriate means of obtaining the sex offender registration fee.

DOC 332.19 History History: Emerg. cr. eff. 6-8-06; CR 06-066: cr. Register December 2006 No. 612, eff. 1-1-07; EmR0812: emerg. am. (1), (3), (4) (a), (b), (c), (5) (a) 3., (b) and (6) (intro.), cr. (2) (c), eff. 5-15-08; CR 08-045: am. (1), (3), (4) (a), (b), (c), (5) (a) 3., (b) and (6) (intro.), cr. (2) (c) Register December 2008 No. 636, eff. 1-1-09.

DOC 332.20 DOC 332.20 Tracking fee.

DOC 332.20(1) (1) Applicability. A person who is subject to GPS tracking or PPS tracking under s. 301.48, Stats., shall be charged a fee to offset the costs of the tracking, based on the person’s ability to pay.

DOC 332.20(2) (2) Definitions. In this section:

DOC 332.20(2)(a) (a) “Global positioning system tracking” or “GPS tracking” has the meaning given in s. 301.48 (1) (b), Stats.

DOC 332.20(2)(b) (b) “Passive positioning system tracking” or “PPS tracking” has the meaning given in s. 301.48 (1) (dm), Stats.

DOC 332.20(2)(c) (c) “Tracking cost” means the monthly cost for tracking a person subject to GPS tracking or PPS tracking.

DOC 332.20(2)(d) (d) “Tracking fee” means the monthly fee which a person who is subject to either GPS tracking or PPS tracking is required to pay to offset the costs of tracking.

DOC 332.20(3) (3) Tracking fee.

DOC 332.20(3)(a) (a) A person who is subject to either GPS tracking or PPS tracking shall pay the tracking fee in accordance with procedures established by the department.

DOC 332.20(3)(b) (b) The department shall set a tracking fee for a person who is subject to either GPS tracking or PPS tracking, based on the person’s ability to pay, and shall do all of the following:

DOC 332.20(3)(b)1. 1. Determine the person’s ability to pay the tracking fee. The department shall base the determination on the person’s documented monthly gross household income. The department may require the person to produce financial documentation to establish household income, including tax returns, financial institution account statements, and wage information.

DOC 332.20(3)(b)2. 2. Review the determination of the person’s ability to pay the tracking fee at least annually. The department may require production of financial information for each review.

DOC 332.20(3)(b)3. 3. Assess the person a tracking fee up to and including the full tracking cost, if a person fails to provide the requested financial documentation.

DOC 332.20(3)(b)4. 4. Charge a tracking fee in accordance with the following table:

DOC 332.20(3)(b)5. 5. Publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.

DOC 332.20(3)(b)6. 6. Promulgate an administrative rule to make the adjustments, if the department proposes to make adjustment to the tracking fee by ten (10) percent or more. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.

DOC 332.20(3)(b)7. 7. Establish a tracking fee schedule including all of the following:

DOC 332.20(3)(b)7.a. a. A grace period for the initial tracking fee payment.

DOC 332.20(3)(b)7.b. b. A deadline for receipt of each monthly tracking fee payment.

DOC 332.20(3)(b)8. 8. Approve procedures for the collection of tracking fees.

DOC 332.20(3)(b)9. 9. Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.

DOC 332.20(3)(b)10. 10. Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.

DOC 332.20(3)(b)11. 11. Record all tracking fees paid by a person.

DOC 332.20(3)(b)12. 12. Provide the person with access to a copy of the record of payments to verify receipt of the payments.

DOC 332.20(3)(b)13. 13. Advise the person of nonpayment of tracking fees.

DOC 332.20(3)(b)14. 14. Credit the moneys collected to the appropriation account under s. 20.410 (1) (gk), Stats.

DOC 332.20(3)(b)15. 15. Audit the record of payments of tracking fees.

DOC 332.20(4) (4) Department action when a person on probation, parole, or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee and who is on probation, parole, or extended supervision fails to pay the tracking fee:

DOC 332.20(4)(a) (a) Counseling.

DOC 332.20(4)(b) (b) Wage assignment.

DOC 332.20(4)(c) (c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or detention in a jail, correctional facility or house of correction.

DOC 332.20(4)(d) (d) Issue a recommendation for revocation of parole, probation, or extended supervision for the person’s willful failure to pay the tracking fee.

DOC 332.20(4)(e) (e) Intercept of the person’s Wisconsin income tax refund or Wisconsin lottery winnings.

DOC 332.20(4)(f) (f) Any other appropriate means of obtaining the tracking fee.

DOC 332.20(5) (5) Department action when a person not on probation, parole or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee but who is not on probation, parole, or extended supervision fails to pay the tracking fee:

DOC 332.20(5)(a) (a) Wage assignment.

DOC 332.20(5)(b) (b) Submission of the debt to a state contracted collection agency.

DOC 332.20(5)(c) (c) Intercept of the person’s Wisconsin income tax refund or Wisconsin lottery winnings.

DOC 332.20(5)(d) (d) Any other appropriate means of obtaining the tracking fee.

DOC 332.20 History History: EmR0832: emerg. cr. eff. 11-12-08; CR 08-105: cr. Register June 2009 No. 642, eff. 7-1-09.