Section 328.07. Supervision fees.

 

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

(2)   Establishment of fee.

(a) The department shall set a monthly supervision fee for an offender based on the following table: - See PDF for table

(b) The department shall adjust the supervision fees in Table DOC 328.07 every 5 years by multiplying each fee by the percentage increase of the Consumer Price Index, as defined in s. 16.004 (8) (e) 1. , Stats., from January 1, 2012, to January 1, 2017, and every 5 years thereafter and adding that amount to each fee, rounded to the nearest $5.00 increment. If the Consumer Price Index reflects a percentage decrease, the supervision fees will not be reduced but remain the same.

(c) The department shall publish adjustments to Table DOC 328.07 in the Wisconsin administrative register.

(3)   Agent action. The assigned agent shall:

(a) Establish the offender's supervision fee payment.

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

(c) If sub. (5) is applicable, exempt the offender from paying the supervision fee.

(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)   Exemptions.

(a) Except as provided under par. (b) , the department may exempt supervision fees if an offender meets one or more of the following conditions:

1. The offender has used all reasonable and appropriate means to obtain employment as determined by the offender's agent, but has been unable to obtain employment which provides the offender sufficient income to pay supervision fees.

2. The offender is a student enrolled in a full-time course of instruction. For the purpose of this subdivision, a "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. 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 exemption may be given.

3. The offender is undergoing psychological, chemical, or medical treatment consistent with the supervision plan and is unable to be employed. The offender shall provide a release of information to verify participation.

4. The offender has a statement from a licensed health care provider excusing the offender from work for a medical reason and the offender is unable to be employed because of the medical reason.

(b) An offender shall not receive an exemption if the department determines that the offender has the ability to pay despite his or her meeting one or more of the exemption criteria.

(c) The agent shall make a determination concerning an offender's exemption from the supervision fee within 10 working days of receiving an offender for supervision or within 10 working days of a reported change in the offender's financial status.

(d) An offender who is supervised by another state under an interstate compact transfer is not required to pay a supervision fee.

(e) An offender who is serving a sentence in prison and has a concurrent supervision case is not required to pay a supervision fee.

(f) The agent's supervisor shall review all exemptions from payment of the supervision fee.

(6)   Refunds of supervision fees.

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

(b) The department will not make any refund to an offender for a partial month of supervision.

(c) The department shall apply the refund to restitution ordered by the court or any other outstanding financial obligations required by the department or the court. The department shall refund to the offender the remainder of any unapplied funds.

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