Chapter DOC 332

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.