Current through August 26, 2024
(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.
2. Other testing
costs.
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.
