(1)(a) Except as provided in par. (b), the agency shall collect program fees from participants, including administrative fees, testing or daily monitoring fees according to test type, and installation and deactivation fees for remote transdermal alcohol monitoring devices.(b) According to whether program participation is a pretrial, postconviction, or deferred prosecution condition, the court, the department of corrections, or the district attorney may recommend a reduction or waiver of fees for a participant. However, the agency shall make the final determination on a fee reduction or waiver. The agency may decline to enroll a person in the program if any fees were reduced or waived without the agency's consent. An agency that agrees to reduce or waive a fee shall, in making payments to the department under s. Jus 19.05(5), remit to the department the amount it would have remitted without the reduction or waiver.(2) The department shall determine all fee amounts in consultation with the participating agencies. The fee amounts shall reflect the program costs to the agency and the department. The department shall provide a standard fee schedule to each agency. The fee schedule shall be reviewed and updated annually as necessary to reflect actual program costs(3) The department may, upon request of an agency, approve a fee modification on a showing by the agency that a higher fee is necessary to cover program costs.(4)(a) The agency may use the fees collected for any of the following: 1. To pay a vendor for any test administered.3. Administrative program costs.4. Costs associated with program support services.5. Equipment maintenance and replacement costs.6. Program compliance costs.7. To make the payments to the department required under s. Jus 19.05(5).(b) The agency shall report to the department how the fees are expended annually or as requested by the department.(5)(a) Except as provided in par. (b), the agency may not administer a test before the testing fee is paid. The participant may pay the testing fee only with cash or a money order. The agency shall provide a receipt to the participant. The agency may accept advance payment from a participant.(b) In its discretion, an agency may administer a test without prior payment based upon exigent circumstances.(6) The agency shall refund any positive balance to a participant who has successfully completed the program. The agency may not refund any positive balance to a participant who is terminated from the program.(7) The agency shall report a participant's failure to pay any required program fees to the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition.(8) A participant's failure to pay fees may result in termination from the program at the recommendation of the agency, the court, the department of corrections, or the district attorney, according to whether program participation is a pretrial, postconviction, or deferred prosecution condition.(9) The agency may terminate a voluntary participant for failure to pay required program fees.Wis. Admin. Code Department of Justice Jus 19.12
Adopted by, EmR1805: emerg cr., eff. 2-6-18; CR 18-068: cr. Register April 2019 No. 760, eff. 5/1/2019