(b) Positions and employees.
1. The authorized FTE positions for the department of corrections, funded from the appropriation under section 20.410 (3) (a) of the statutes, are decreased by 1.5 GPR positions on the effective date of this subdivision for the youth diversion from gang activities program under section 301.265, 1999 stats.
2. The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (6) (a) of the statutes, are increased by 1.5 GPR positions on the effective date of this subdivision for the youth diversion from gang activities program under section 16.964 (8) of the statutes, as affected by this act.
3. The authorized FTE positions for the department of corrections, funded from the appropriation under section 20.410 (3) (hr) of the statutes, are decreased by 0.5 PR position on the effective date of this subdivision for the youth diversion from gang activities program under section 301.265, 1999 stats.
4. The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (6) (k) of the statutes, as affected by this act, are increased by 0.5 PR position on the effective date of this subdivision for the youth diversion from gang activities program under section 16.964 (8) of the statutes, as affected by this act.
5. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 1. and 3. are transferred to the department of administration.
(c) Employee status. Employees transferred under paragraph (b) 5. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that is primarily related to the youth diversion from gang activities program under section 301.265, 1999 stats., as determined by the secretary of administration, is transferred to the department of administration.
(e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the youth diversion from gang activities program under section 301.265, 1999 stats., as determined by the secretary of administration, is transferred to the department of administration. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of administration.
(f) Contracts. All contracts entered into by the department of corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 1999 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under those contracts unless modified or rescinded by the department of administration to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department of corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 1999 stats., remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the department of corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 1999 stats., remain in effect until their specified expiration date or until modified or rescinded by the department of administration.
(2) Report on educational technology savings. The department of corrections shall submit a report to the department of administration by June 30, 2002, that specifies any funding the department of corrections saved because secured correctional facilities received grants or subsidies from the technology for educational achievement in Wisconsin board.
(2L) Computer recycling position. The authorized positions for the department of corrections are increased by 1.0 PR-S position funded from the appropriation under section 20.410 (1) (kc) of the statutes for computer recycling activities.
(3c) Professional medical services contracts report. The department of corrections shall, by January 4, 2002, submit a report to the joint committee on finance concerning the department's implementation of the legislative audit bureau's recommendation that the department identify and review all its professional medical services contracts, including those for medical, laboratory, dental, and optical services, to determine if costs can be controlled by seeking better rates with alternate vendors or by consolidating contracts.
(3cb) Corrections staff education and training report. The department of corrections shall, by January 4, 2002, submit a report to the joint committee on finance concerning the department's implementation of a plan to provide at least 12 hours of continuing education and staff development to health care staff in the department and to provide correctional officers with increased training in the delivery of prescription drugs, as defined in section 450.01 (20) of the statutes.
(3cc) Health care delivery standards report. The department of corrections shall, by September 1, 2001, or by the first day of the 2nd month after the effective date of this subsection, whichever is later, submit a report to the joint legislative audit committee and the joint committee on finance concerning the department's progress toward meeting the standards the department has selected as the basis for health care delivery to inmates.
(3cd) Health services contracts reimbursement report. The department of corrections shall, by January 4, 2002, submit a report to the joint committee on finance concerning the department's collection of moneys from reimbursements available under departmental contracts with health care services providers.
(3d) Feasibility of constructing probation and parole hold facility. In developing the list of proposed projects that it will submit to the building commission for the 2003-05 state fiscal biennium under section 13.48 (4) of the statutes, the department of corrections shall study the feasibility of constructing a probation and parole hold facility in north central Wisconsin.
(3g) Community reintegration facility study. The department of corrections shall prepare a feasibility study of the creation of a transitional placement facility for parolees and shall submit that study to the joint committee on finance. The study shall include a proposal for funding the facility. The department shall consider all of the following requirements for the facility when conducting the study:
(a) The facility shall house at least 150 parolees.
(b) The facility shall be located in a region of the state that is closest to the inmate population that the facility will serve.
(c) The facility shall be located in a nonresidential area.
(d) Operators of the facility are considered nonprofit entities by the internal revenue service.
(e) Operators of the facility have control over an identified and properly zoned site.
(f) At least 180 days lapse between the awarding of the winning bid and the opening of the facility to allow the contractor sufficient time to acquire and remodel the facility and secure necessary local approvals.
(g) The facility shall provide alcohol and other drug abuse treatment, education, job preparation, and other elements of treatment designed to prepare parolees for their return to the community. The treatment program shall provide a continuum of care, moving from the most restrictive level of care to the least restrictive level of care.
(i) The facility shall provide a comprehensive curriculum emphasizing assessment, education, substance abuse treatment, and relapse prevention.
(j) The assessment phase shall provide comprehensive assessments of individuals in order to decide appropriate courses of treatment and rehabilitation needs.
(k) Areas assessed shall include academic and vocational factors as well as risks of substance abuse and recidivism.
(L) Treatments shall be designed with the objective of successful reintegration into the community for each parolee.
(m) The treatment phase of the program shall focus on successful reintegration of the offender into the community and shall include all of the following:
1. The treatments are carried out by trained, certified, and clinically supervised staff.
2. The treatment progress is managed and monitored by a team of licensed professionals, including educators, certified alcohol and drug counselors, vocational specialists, and medical professionals.
(n) Residential treatment is provided 7 days a week and includes substance abuse treatment, offender rehabilitation, life-skills training, education, group therapy, family program, experiential workshops, anger management, and conflict resolution.
(p) The facility shall plan to contract for a 3rd-party evaluation of the program to measure the facility's effectiveness and rate of recidivism.
(5gk) Stanley prison lease and report. The department of administration shall renegotiate the lease of the correctional facility located at Stanley, Wisconsin, between the department and Stanley Correctional Properties, L.L.C. The department shall prepare a report specifying the amount of the lease payment and the source of funding to pay for that lease payment and shall submit the lease and the report to the joint committee on finance for the committee's review and approval.
(6c) Juvenile justice system study.
(a) There is created a committee to study the costs of the state assuming from the counties responsibility for the operation of the juvenile justice system. The committee shall consist of the secretary of administration or the secretary's designee, the secretary of corrections or the secretary's designee, the secretary of health and family services or the secretary's designee, a representative of the Wisconsin Counties Association, and a representative of Milwaukee County, with the governor to appoint the chairperson of the committee.
(b) Beginning on January 1, 2002, each county shall adopt a uniform system of accounts prescribed by the committee for the recording of all revenues and expenditures relating to the operation of the juvenile justice system in the county. By March 15, 2003, each county shall report those revenues and expenditures for 2002 to the committee.
(c) By May 1, 2003, the committee shall report its findings, conclusions, and recommendations to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor. The report shall include proposed legislation for all of the following:
1. The assumption by the state of all or part of the operating costs of the juvenile justice system, beginning on January 1, 2004.
2. The elimination of youth aids payments to counties under section 301.26 of the statutes, as affected by this act, and a reduction in the amount of shared revenue payments and mandate relief payments to counties under sections 79.03, 79.058, 79.06, and 79.08 of the statutes and under section 79.04 of the statutes, as affected by this act, as a result of the state's assumption of the costs of operating the juvenile justice system.
(6d) Placement of persons under 18 years of age in maximum security prison located near Boscobel. If on the effective date of this subsection any person under 18 years of age is incarcerated in the correctional institution authorized under section 301.16 (1n) of the statutes, the department of corrections shall transfer that person out of that correctional institution within 30 days after the effective date of this subsection.
(6e) Report regarding gender-specific treatment program. The department of corrections and the department of health and family services shall jointly prepare a report that includes a program plan regarding the gender-specific treatment program required under section 301.03 (25) of the statutes, as created by this act, and shall submit the report to the legislature under section 13.172 (2) of the statutes by July 1, 2002.
(7d) Report regarding services for alcohol and other drug abuse based on gender. The department of corrections shall submit a report to the joint committee on finance no later than 6 months after the effective date of this subsection comparing the evaluation and treatment services for alcohol and other drug abuse that it provides to women to those that it provides to men.
(9q) Carrying costs for the correctional facility at Stanley. Of the amount appropriated under section 20.410 (1) (a) of the statutes, the department of corrections shall pay the owners of the correctional facility at Stanley $650,000 per month for carrying costs for the period beginning on July 1, 2001, and ending on the earlier of October 31, 2001, or the date on which the building commission purchases the correctional facility. If the building commission purchases the correctional facility before October 31, 2001, the carrying costs for the month in which the purchase takes place shall be prorated.
16,9113
Section 9113.
Nonstatutory provisions; district attorneys.
(1q) District attorney position reallocations. Notwithstanding sections 978.03 and 978.04 of the statutes, effective January 1, 2002, the department of administration shall reduce Rock County's allocation of FTE PR assistant district attorney positions funded from the appropriation account under section 20.475 (1) (g) of the statutes, as created by this act, by 0.25 position and shall increase Ashland County's allocation of FTE PR assistant district attorney positions funded from the appropriation account under section 20.475 (1) (g) of the statutes, as created by this act, by 0.25 position.
(2m) Assistant district attorneys for restorative justice services. The authorized FTE positions for district attorneys are increased by 2.0 PR project positions for the period beginning on July 1, 2001, and ending on June 30, 2005, to be funded from the appropriation under section 20.475 (1) (k) of the statutes, for the purpose of providing one assistant district attorney for Milwaukee County and one assistant district attorney for the county selected under section 978.044 (4) of the statutes, as created by this act, to perform restorative justice services under section 978.044 of the statutes, as created by this act.
16,9115
Section 9115.
Nonstatutory provisions; elections board.
(1x) Sublease of electronic voting equipment. The elections board shall make the payments required under the master lease for electronic voting system equipment entered into under Section 9101 (20x) of this act and shall sublease the equipment to any county in which municipalities using that equipment are wholly or partly contained at nominal cost to the county. The elections board shall make the payments required under this subsection from the appropriation under section 20.510 (1) (c) of the statutes, as created by this act.
16,9116
Section 9116.
Nonstatutory provisions; employee trust funds.
(1mk) Funding for benefits payment system redesign. For the 2001-03 fiscal biennium, the department of employee trust funds may submit a request to the joint committee on finance under section 13.101 (3) of the statutes to supplement the appropriation accounts under section 20.515 (1) (t) and (w) of the statutes for funding the department's benefits payment system redesign. If the cochairpersons of the committee do not notify the department of employee trust funds within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation accounts shall be supplemented from the appropriation account under section 20.865 (4) (u) of the statutes as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting to review the request, the appropriation accounts shall be supplemented from the appropriation account under section 20.865 (4) (u) of the statutes only as approved by the committee.
16,9120
Section 9120.
Nonstatutory provisions; financial institutions.
(1d) Emergency rules; rental-purchase companies. Using the procedure under section 227.24 of the statutes, the division of banking may promulgate rules authorized under section 218.63 (3) of the statutes, as created by this act, prescribing the fees under sections 218.618 (2), 218.622 (4), and 218.626 (1) of the statutes, as created by this act, for the period before the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the division of banking is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) Fees charged by the department of financial institutions. Notwithstanding sections 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2), and (4), 181.0122 (1) (zm), (2), and (4), 182.01 (4), 183.0114 (1) (t) and (u), and 185.83 (1) (d), (f), (fm), and (h) of the statutes, as affected by this act, the department of financial institutions shall continue to charge and collect the fees established under sections 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2), and (4), 181.0122 (1) (zm), (2), and (4), 182.01 (4), 183.0114 (1) (t) and (u), and 185.83 (1) (f), (fm), and (h), 1999 stats., until the department has promulgated rules under section 182.01 (4) of the statutes, as affected by this act. This subsection shall not apply after December 31, 2002.
16,9121
Section 9121.
Nonstatutory provisions; governor.
(1)
Assistance from department of workforce development. The repeal of
1999 Wisconsin Act 9, sections
11ac and
593ac, by this act applies notwithstanding section 990.03 (3) of the statutes.
16,9123
Section 9123.
Nonstatutory provisions; health and family services.
(4) Adolescent pregnancy prevention and pregnancy services board.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services that are primarily related to the functions of the adolescent pregnancy prevention and pregnancy services board, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the adolescent pregnancy prevention and pregnancy services board, as determined by the secretary of administration, is transferred to the department of administration.
(4h) Plan for distribution of food pantry grants. Notwithstanding section 46.766 of the statutes, as created by this act, no later than 90 days after the effective date of this subsection, the department of health and family services shall submit to the joint committee on finance a plan for distributing the grants to food pantries under section 46.766 of the statutes, as created by this act. If the cochairpersons of the committee do not notify the department of health and family services within 14 working days after the date on which the department submitted the plan that the committee intends to schedule a meeting to review the plan, the department shall implement the plan. If, within 14 working days after the date on which the department submitted the plan, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting to review the plan, the department may implement the plan only as approved by the committee.
(5)
Kinship care background reviews. The repeal of
1997 Wisconsin Act 27, sections
1622d,
1623d,
1624d, and
9423 (10f) and
1997 Wisconsin Act 252, sections
51,
53, and
201 (1), by this act applies notwithstanding section 990.03 (3) of the statutes.
(6) Medical assistance eligibility position increases.
(a) On the effective date of this paragraph, the authorized FTE positions for the department of health and family services are increased by 5.18 GPR positions, to be funded from the appropriation under section 20.435 (4) (a) of the statutes, as affected by the acts of 2001.
(b) On the effective date of this paragraph, the authorized FTE positions for the department of health and family services are increased by 1.82 FED positions, to be funded from the appropriation under section 20.435 (4) (n) of the statutes, as affected by the acts of 2001.
(8d) Report on medical assistance psychosocial services. By the first day of the 6th month after the effective date of this subsection, the department of health and
family services shall submit a report to the joint committee on finance on the status of the implementation, under section 49.45 (30e) of the statutes, of the medical assistance benefit on psychosocial services, including case management services, provided by the staff of a community-based psychosocial service program.
(8e)
Transfer for outpatient hospital reimbursement under badger care. In each of state fiscal years 2001-02 and 2002-03, the department of health and family services may transfer moneys from the appropriation account under section 20.435 (4) (w) of the statutes, as created by this act, to the appropriation account under section 20.435 (4) (x) of the statutes, as created by this act, to attempt to ensure that sufficient reimbursement for outpatient hospital services is available under section 49.665 of the statutes, as affected by this act, at the rate of reimbursement under section 49.45 of the statutes.
(8kk) Study of vital records on-line electronic filing system.
(a) By January 1, 2002, the secretary of health and family services shall appoint a committee to develop recommended guidelines for an on-line electronic filing system for vital records in Wisconsin that incorporates privacy, flexibility, and productivity; to study methods employed by other states to protect against identity theft in on-line electronic filing systems; to recommend increases, if necessary, in vital records fees for implementation of an on-line electronic filing system; and to recommend allocation of revenues resulting from the fee increases. The members of the committee shall include all of the following:
1. The state registrar of vital statistics.
2. Three local registrars, including one from a county with a population that does not exceed 22,000; one from a county with a population that exceeds 22,000 but does not exceed 300,000; and one from a county with a population that exceeds 300,000.
3. Three representatives of the department of health and family services.
4. One genealogist.
(b) By July 1, 2002, the committee appointed under paragraph (a) shall develop an outline of its proposals.
(c) By January 1, 2003, the committee appointed under paragraph (a) shall report its findings and recommendations, including a proposed schedule of fees chargeable for vital records that supports implementation of an on-line electronic filing system and security measures to protect against identity theft, to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor.
(8r) Use of nursing home penalty assessments and interest. The department of health and family services shall request approval from the health care financing administration of the federal department of health and human services to use nursing home penalty assessments and interest imposed under section 49.498 of the statutes for coordination of volunteer ombudsmen directed by the board on aging and long-term care.
(8z) Use of income augmentation receipts for Milwaukee child welfare services. If after supporting the costs specified in section 46.46 of the statutes, as affected by this act, and lapsing the amounts specified in Section 9223 (4z) (b) and (5zk) of this act there remain any moneys in the appropriation account under section 20.435 (8) (mb) of the of the statutes, as affected by this act, those remaining moneys are allocated for costs associated with transferring cases of children in out-of-home care who are under the supervision of a county department under section 46.215 of the statutes, as affected by this act, to the supervision of a licensed child welfare agency in the event that any contracts between the county department and the department of health and family services under section 48.48 (17) (a) 11. of the statutes to provide services for those children are not renewed. The department of health and family services may not expend or encumber any moneys allocated under this subsection unless the department submits a plan for the proposed use of those moneys to the secretary of administration. The department of health and family services may propose expending or encumbering no more than $2,933,700 under this subsection. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the secretary's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan as proposed by the department of health and family services and approved by the secretary of administration. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan only upon the approval of the committee.
(9bk) Income augmentation activities. The authorized FTE positions for the department of health and family services are increased by 1.0 FED position on October 1, 2001, to be funded from the appropriation under section 20.435 (8) (mb) of the statutes, for the purpose of performing income augmentation activities under section 46.46 of the statutes.
(9h) Study on electronic benefits transfer systems under the supplemental food program for women, infants, and children.
(a) The department of health and family services shall study all of the following:
1. Information system requirements for administering an electronic benefit transfer system under the supplemental food program for women, infants, and children.
2. Compatibility of an electronic benefit transfer system under the supplemental food program for women, infants, and children with existing electronic benefit transfer systems.
3. The costs and benefits of implementing an electronic benefit transfer system to the department of health and family services, participants, and vendors under the supplemental food program for women, infants, and children.
4. Possible funding sources for the implementation of an electronic benefit transfer system under the supplemental food program for women, infants, and children.
(b) Not later than January 1, 2003, the department of health and family services shall report the findings of the study under paragraph (a) to the cochairpersons of the joint committee on finance.
(9w) Rules on drug copayments and coinsurance under the health insurance risk-sharing plan. The department of health and family services may use the procedure under section 227.24 of the statutes to promulgate rules authorized under section 149.14 (5) (e) of the statutes, as affected by this act, and section 149.146 (2) (am) 5. of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(9wo) Report on potential badger care health care programs savings. The department of health and family services shall study the potential for long-term savings under the badger care health care program under section 49.665 of the statutes, as affected by this act.
No later than January 1, 2002, the department of health and family services shall report the results of the study, together with its findings and recommendations, to the joint committee on finance.
