301.49 Global positioning system tracking for persons who violate certain orders or injunctions.
(1) Definitions. In this section:
(a) “Exclusion zone" means a zone in which a person who is tracked using a global positioning system tracking device is prohibited from entering.
(am) “Exclusion zone violation" means entry into an exclusion zone except for purposes of traveling through an exclusion zone to get to another destination, unless the person is prohibited by the department from making such entry.
(b) “Global positioning system tracking" means tracking using a system that actively monitors and identifies a person's location and timely reports or records the person's presence in an exclusion zone. “Global positioning system tracking" includes comparable technology.
(c) “Petitioner" means the person who petitioned for the restraining order or injunction that was issued under s. 813.12 or 813.125.
(d) “Restraining order or injunction" means an order or an injunction issued pursuant to s. 813.12 or 813.125.
(2) Who is covered; duration of coverage.
(a) The department shall maintain global positioning system tracking of a person who is not in jail or in prison and who is ordered by a court to submit to monitoring under s. 813.129 for the duration of the person's period of probation.
(b) The department shall maintain global positioning system tracking of a person who is subject to global positioning system tracking as a condition of extended supervision.
(3) Functions and operation of tracking program.
(a) The department shall implement a continuous global positioning tracking system to electronically monitor the whereabouts of persons who are subject to this section. The system shall do all of the following:
1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide instantaneous information regarding the whereabouts of a person who is being monitored, including information regarding the person's presence in an exclusion zone established under par. (c).
2. Use land line communications equipment to transmit information regarding the location of persons who are subject to this section when they are in areas in which no commercial cellular service is available.
3. Immediately alert the department if the person commits an exclusion zone violation. The department shall immediately notify the law enforcement agency having jurisdiction over the exclusion zone and the petitioner of any exclusion zone violation.
(b) The department shall contract with a vendor using a competitive process as described under s. 16.75 to provide staff in this state to install, remove, and maintain equipment related to global positioning system tracking for purposes of this section. The term of the contract may not exceed 7 years.
(c) For each person who is subject to global positioning system tracking under this section, the department shall create an individualized exclusion zone for the person, as necessary to protect the petitioner. In creating an exclusion zone, the department shall consider input from the petitioner and shall include any location that the person is ordered to avoid or enjoined from entering under the restraining order or injunction that the person violated or is alleged to have violated.
(4) Termination if person moves out of state. Notwithstanding sub. (2), if a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state during the duration of the restraining order or injunction, the department shall immediately reinstate the person's tracking.
(5) Costs.
(a) The department shall determine all of the following for each person tracked:
1. The cost of global positioning system tracking for the person.
2. How much of the cost under subd. 1. the person is able to pay based on the factors listed in par. (c).
(b) If required by the department, a person who is subject to global positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation account under s. 20.410 (1) (gL).
(c) In determining how much of the costs the person is able to pay, the department may consider the following:
1. The person's financial resources.
2. The present and future earning ability of the person.
3. The needs and earning ability of the person's dependents.
4. Any other factors that the department considers appropriate.
(6) Notice. The department shall provide all of the following to each petitioner:
(a) Notice when the person who is ordered by a court to submit to monitoring under s. 813.129 is released from incarceration.
(b) The exclusion zones that the person must avoid and the amount of time that the person is allowed to remain in an exclusion zone before the department and law enforcement receive an alert.
(c) An explanation of the failure rates associated with global positioning system tracking programs and an explanation of situations in which a person may not be detected by the tracking program.
History: 2011 a. 266; 2017 a. 346.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
301.001 - Purposes of chapters.
301.02 - Institutions governed.
301.025 - Division of juvenile corrections.
301.027 - Treatment program at one or more juvenile correctional facilities.
301.029 - Contracts requiring prisoner access to personal information.
301.03 - General corrections authority.
301.032 - Juvenile correctional services; supervisory functions of state department.
301.035 - Division of hearings and appeals; administrator's general duties.
301.046 - Community residential confinement.
301.047 - Inmate rehabilitation and aftercare.
301.048 - Intensive sanctions program.
301.049 - Mother-young child care program.
301.055 - Prisoner population limits.
301.06 - Education and prevention.
301.065 - Religious organizations; contract powers.
301.068 - Community services to reduce recidivism.
301.07 - Cooperation and contracts with federal government.
301.073 - American Indian tribal community reintegration program.
301.075 - Disbursement of funds and facsimile signatures.
301.08 - Purchase of care and services.
301.085 - Payment of benefits.
301.09 - Grants for pilot programs or demonstration projects.
301.095 - Council on offender reentry.
301.10 - Purchases, bills, audits, payments.
301.103 - Prescription drug formulary.
301.105 - Telephone company commissions.
301.11 - Reports of corrections institutions.
301.13 - Minimum security correctional institutions.
301.132 - Honesty testing of sex offenders.
301.135 - Electronic monitoring.
301.14 - State-local shared correctional facilities.
301.15 - Medium security prison.
301.16 - Construction or establishment of certain institutions.
301.17 - Minimum security corrections institutions.
301.18 - Correctional and other institutions; expansion and establishment of facilities.
301.19 - Restrictions on construction or modifications of correctional facilities.
301.205 - Reimbursement to visiting families.
301.21 - Contracts for the transfer and confinement of Wisconsin prisoners in other states.
301.235 - Structures, facilities and permanent improvements.
301.24 - Lands; condemnation, easements, leases, sales, purchases.
301.25 - Sewer system at Taycheedah Correctional Institution.
301.26 - Juvenile correctional services; state services.
301.27 - Meal and other charges; vending stands; commissary; and butter and cheese.
301.28 - Training of correctional officers.
301.285 - In-service and work experience training.
301.286 - State identification upon release from prison.
301.287 - Correctional officer overtime.
301.29 - Bonds of employees; police powers; investigation of complaints.
301.30 - Inmate wages, allowances and release payments.
301.315 - Corrections programs report.
301.32 - Property of prisoners, residents and probationers.
301.323 - Vendors of personal property items.
301.325 - Prisoner reimbursement to the state.
301.328 - Judgment for litigation loans to prisoners.
301.33 - Freedom of worship; religious ministration.
301.35 - Law enforcement officer access to department records.
301.36 - General supervision and inspection by department.
301.37 - County buildings; establishment, approval, inspection.
301.373 - Operating loss reimbursement program.
301.38 - Notification of victims and witnesses about prisoner escapes.
301.45 - Sex offender registration.
301.46 - Access to information concerning sex offenders.
301.47 - Sex offender name changes prohibited.
301.475 - Sex offenders to notify schools.
301.48 - Global positioning system tracking and residency requirement for certain sex offenders.
301.49 - Global positioning system tracking for persons who violate certain orders or injunctions.