§ 5.11. Lodging costs for county jail prisoners.

(1)

Authority and intent.

(a)

Pursuant to the authority provided by §§ 302.372, 302.38, 302.381, 302.388, 302.425, 302.43, 303.08 and 303.19, Wis. Stats., it is the intent of these provisions that incarcerated persons, Huber and Non-huber, be held responsible for paying the expense of incarceration (i.e. nontaxable lodging costs) to the extent permitted by law.

(b)

Furthermore, it is the intent of these provisions that separate fees be established for inmates sentenced to the Marathon County Jail by Marathon County Circuit Court (in-county inmates), and inmates sentenced to county jail by a court other than Marathon County Circuit Court, but who are serving their time in the Marathon County Jail at the discretion of the Marathon County Sheriff (out-of-county inmates).

(c)

The sheriff, or his/her designee, shall choose, for each prisoner, whether to seek reimbursement under this section as provided by law.

(d)

Any money collected under this section shall be (receipted) accepted by the Marathon County Jail and deposited in a county treasury to help offset the cost of lodging inmates at the Marathon County Jail.

(e)

Applicability. This section shall be effective with respect to each person sentenced to the Marathon County Jail whose first day of incarceration begins or began on or after January 1, 2011. The fees set forth in this section may apply retroactively to periods of pre-trial detention after sentencing has occurred, but not to periods that began before January 1, 2011.

(2)

Daily inmate fee. For lodging costs incurred by the county in relation to the crime for which a person was sentenced to the county jail, or for which the person was placed on probation and confined in jail, the county board hereby sets a daily per person jail rate of $30.00 for the first day, or any part of a day, and $18.00 per day for in-county inmates and $25.00 per day for out-of-county inmates, thereafter, pursuant to § 302.372, Wis. Stats.

(3)

Huber prisoners.

(a)

Every prisoner who is incarcerated in the Marathon County Jail under the provisions of § 303.08(4), Wis. Stats., (Huber Law) and is gainfully employed, receives unemployment insurance or employment training benefits while in custody in the jail, shall be liable to Marathon County for per capita lodging costs at the rate of $30.00 for the first day, or any part of a day, and $18.00 per day for in-county inmates and $25.00 per day for out-of-county inmates, thereafter.

(b)

Inmates granted release for purposes of conducting the self-employed occupation of housekeeping or attending to the needs of a person's family shall be established at the rate of $30.00 per day for the first day, or any part of a day, and $18.00 per day for in-county inmates and $25.00 per day for out-of-county inmates, thereafter.

(c)

Inmates granted release to pursue educational studies, other than required high school attendance, shall be established at the rate of $30.00 per day for the first day, or any part of a day, and $18.00 per day for in-county inmates and $25.00 per day for out-of-county inmates, thereafter.

(d)

Inmates are subject to drug screening, randomly or with cause, during incarceration and shall be charged $15.00 for each positive result.

(e)

The sheriff may require prepayment of the expenses set forth above as a requirement for participation in the program.

(4)

Electronic Monitoring Program EMP.

(a)

Inmates placed in the Electronic Monitoring Program under § 302.425, Wis. Stats., shall be established at the rate of $40.00 for the first day, or any part of a day, and $18.00 per day for in-county inmates and $25.00 per day for out-of-county inmates, thereafter.

(b)

The sheriff may require prepayment of the expenses set forth herein as a requirement for participation in the program.

(5)

Institutional accounts.

(a)

If the sheriff maintains an institutional account for a prisoner's use for payment of items from canteen, vending, commissary 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 section from prior incarcerations, funds from any institutional account created as a part of a subsequent incarceration may be used to recover the sums due from the prior incarceration with the inmate's written authorization.

(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 ordinance subject to the limitation of § 303.08(5), Wis. Stats.

(6)

Prisoner reimbursement.

(a)

In this subsection, "cooperate" means completion of a financial disclosure form containing a truthful account of the information set forth in § 302.372(2)(b), Wis. Stats.

(b)

A prisoner in the Marathon County Jail shall cooperate with the county in seeking reimbursement under this section for expenses incurred by the county.

(c)

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.

(d)

Within 24 months after the release of the prisoner from jail, Marathon County may commence an action in circuit court to recover the expenses under this section, plus the cost to investigate the financial status of the prisoner and the expenses of collection not otherwise recovered or be barred pursuant to § 302.372(6), Wis. Stats.

(7)

No duplication of expenses. Marathon County shall not recover the same expenses twice.

(O-17-91; O-19-96; O-7-02; O-12-09; O-22-10; O-34-13; O-21-15)