Section 332.20. Tracking fee.

 

(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.

(2)   Definitions. In this section:

(a) "Global positioning system tracking" or "GPS tracking" has the meaning given in s. 301.48 (1) (b) , Stats.

(b) "Passive positioning system tracking" or "PPS tracking" has the meaning given in s. 301.48 (1) (dm) , Stats.

(c) "Tracking cost" means the monthly cost for tracking a person subject to GPS tracking or PPS tracking.

(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.

(3)   Tracking fee.

(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.

(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:

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.

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.

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.

4. Charge a tracking fee in accordance with the following table: - See PDF for table

5. Publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.

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.

7. Establish a tracking fee schedule including all of the following:

a. A grace period for the initial tracking fee payment.

b. A deadline for receipt of each monthly tracking fee payment.

8. Approve procedures for the collection of tracking fees.

9. Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.

10. Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.

11. Record all tracking fees paid by a person.

12. Provide the person with access to a copy of the record of payments to verify receipt of the payments.

13. Advise the person of nonpayment of tracking fees.

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

15. Audit the record of payments of tracking fees.

(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:

(a) Counseling.

(b) Wage assignment.

(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.

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

(e) Intercept of the person's Wisconsin income tax refund or Wisconsin lottery winnings.

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

(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:

(a) Wage assignment.

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

(c) Intercept of the person's Wisconsin income tax refund or Wisconsin lottery winnings.

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

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