Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Whether the Department of Corrections May Collect Supervision Fees Before an Offender Has Paid Court-Ordered Restitution in Full

Jan 2 2015
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Whether the Department of Corrections May Collect Supervision Fees Before an Offender Has Paid Court-Ordered Restitution in Full

 

MADISON — Attorney General J.B. Van Hollen issued a formal opinion today to District Attorney Ismael R. Ozanne concerning whether the Wisconsin Department of Corrections (“DOC”) may lawfully collect supervision fees from an offender under Wis. Stat. § 304.074 before the offender has paid court-ordered restitution in full.  Van Hollen concluded that no source of legal authority prohibits supervision fees from being collected when court‑ordered restitution obligations remain outstanding.  The Wisconsin Constitution provides for restitution only insofar as the Legislature confers such rights through statute.  Under the Wisconsin statutes, restitution payments take priority over specific statutory fees, surcharges, fines, and costs, but the priority scheme does not include supervision fees under Wis. Stat. § 304.074.  The Wisconsin administrative code also allows DOC to collect supervision fees before court-ordered restitution is paid in full.

 

A copy of the Attorney General’s opinion is available at the following link:  Opinion

 

A copy of the opinion request is available at the following link:  Request

 

Formal and informal opinions issued by Attorney General Van Hollen are available here.