[Adopted 11-11-2003 by Ord. No. 2-03]
This article takes precedence over any earlier
ordinance that sets a different fee.
This article is enacted pursuant to authority
given to Price County under §§ 302.381, 302.386, 302.372,
302.388 and 303.08(4), Wis. Stats.
It is the intent of this article that persons
incarcerated in the Price County Jail shall, to the extent authorized
by law, be responsible for paying for the cost of their incarceration.
Fees and expenses shall be as established by
the County Board of Supervisors. Price County shall not recover the
same expenses twice.
Each person confined to the Price County Jail
shall be required to complete a financial disclosure form provided
by the Sheriff. This form shall provide for obtaining the social security
number, age and marital status of a prisoner, the number and ages
of children of a prisoner, the income of a prisoner, the type and
value of real estate owned by a prisoner, the type and value of personal
property of a prisoner, a prisoner's cash and financial institution
accounts, the types and values of a prisoner's investments, any pension
plans and annuities of a prisoner and any other item of personal property
of significant value owned by a prisoner. This form shall be used
by the Sheriff, District Attorney and Corporation Counsel to investigate
the financial status of the prisoner and to obtain payment of the
fees and expenses owed by the prisoner. The information on the completed
form is not a public record, except that Price County shall provide
the information from the form in response to a request for information
under § 49.22(2m), Wis. Stats., made by the Wisconsin Department
of Workforce Development or under § 59.53(5), Wis. Stats.,
made by the child support agency.
The Sheriff may charge a prisoner for the expenses
set forth above while he/she is a prisoner, plus the costs to investigate
the financial status of the prisoner and the expenses of collection.
A. If the Sheriff maintains an institutional account
for a prisoner's use for payment of items from canteen, vending, or
similar services, the Sheriff may make deductions from the account
to pay for the expenses set forth above. If the prisoner has a balance
due for expenses under this article from prior incarcerations, any
institutional account created as part of a subsequent incarceration
may be used to recover the sums due from the prior incarceration.
B. If the Sheriff maintains an account of a Huber prisoner
pursuant to § 303.08(3), Wis. Stats., the Sheriff may make
deductions from the account to pay for the expenses set forth in this
article, subject to the limitations of § 303.08(5), Wis.
Stats.
Because participation in a home detention program
is discretionary with the Sheriff, the Sheriff may require prepayment
of the expenses set forth above as a requirement for participation
in the program.
The wages, salary and unemployment and training
benefits received by prisoners shall be divided by the Sheriff for
the following purposes, in the order stated:
A. Necessary travel expenses to and from work.
B. Court-ordered support of the prisoner's dependents,
if any.
C. Expenses owed to the County under this article.
D. Payment, either in full or in part, of the prisoner's
obligations, provided that there is written direction from the prisoner
to make the payment.
E. The balance, if any, to the prisoner upon the prisoner's
discharge.
A prisoner shall cooperate with the Sheriff
in seeking reimbursement for expenses incurred for the prisoner. A
prisoner who intentionally refuses to cooperate may not earn good-time
credit under § 302.43, Wis. Stats., or diminution of sentence
under § 303.19(3), Wis. Stats.
After the release of a prisoner from jail, Price
County may seek payment of any fees and expenses still owed through
all appropriate collection means, including but not limited to court
action or referral to a collection agency.
Any sums collected under this article shall
be deposited with the County Treasurer, except to the extent that
the portion of the sums collected for meals for Huber prisoners is
subject to sales tax, which shall be assessed and forwarded to the
Department of Revenue.