SB378,98 8Section 98. 48.528 (3) of the statutes is renumbered 938.528 (3).
SB378,99 9Section 99. 49.11 (1c) of the statutes, as created by 2015 Wisconsin Act 55, is
10repealed.
SB378,100 11Section 100 . 49.175 (1) (intro.) of the statutes is amended to read:
SB378,27,1512 49.175 (1) Allocation of funds. (intro.) Except as provided in subs. (2) and
13(3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx),
14(L), (mc), (md), (me), and (s) and (3) (5) (kp), the department shall allocate the
15following amounts for the following purposes:
SB378,101 16Section 101. 49.175 (3) of the statutes is amended to read:
SB378,27,2017 49.175 (3) Limit on certain funds. Moneys from the appropriation account
18under s. 20.437 (3) (5) (kp) for the allocations specified in sub. (1) shall be limited to
19$4,730,300 and may be expended only for obligations incurred between October 1,
202015, and September 30, 2016.
SB378,102 21Section 102. 49.275 of the statutes is amended to read:
SB378,28,2 2249.275 Cooperation with federal government. The department may
23cooperate with the federal government in carrying out federal acts concerning public
24assistance under this subchapter, child welfare under ch. 48, and community-based
25juvenile delinquency-related services under ch. 938 and in other matters of mutual

1concern pertaining to public welfare, child welfare, and juvenile delinquency under
2this subchapter and chs. 48 and 938.
SB378,103 3Section 103. 49.32 (1) (a) of the statutes is amended to read:
SB378,28,124 49.32 (1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department
5shall establish a uniform system of fees for services under this subchapter and ch.
6chs. 48, and community-based juvenile delinquency-related services under ch. 938,
7and 938 purchased or provided by the department or by a county department under
8s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except when, as
9determined by the department, a fee is administratively unfeasible or would
10significantly prevent accomplishing the purpose of the service. A county department
11under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program
12to cover the cost of those services.
SB378,104 13Section 104. 49.32 (2) (b) of the statutes is amended to read:
SB378,28,1814 49.32 (2) (b) The department may make social services payments and
15payments for community-based juvenile delinquency-related services
directly to
16recipients, vendors, or providers in accordance with law and rules of the department
17on behalf of the counties that have contracts to have those payments made on their
18behalf.
SB378,105 19Section 105. 49.32 (2) (d) of the statutes is amended to read:
SB378,28,2120 49.32 (2) (d) The department shall disburse from state or federal funds or both
21the entire amount and charge the county for its share under s. 48.569 or 938.526.
SB378,106 22Section 106. 49.325 (1) (a) of the statutes is amended to read:
SB378,29,223 49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall
24submit its final budget for services purchased or directly provided under this
25subchapter or ch. 48 and for community-based juvenile delinquency-related

1services purchased or directly provided under ch.
or 938 to the department by
2December 31 annually.
SB378,107 3Section 107. 49.325 (2) of the statutes is amended to read:
SB378,29,94 49.325 (2) Assessment of needs. Before developing and submitting a proposed
5budget for services purchased or directly provided under this subchapter or ch. 48
6and for community-based juvenile delinquency-related services purchased or
7directly provided under ch.
or 938 to the county executive or county administrator
8or the county board, the county departments listed in sub. (1) shall assess needs and
9inventory resources and services, using an open public participation process.
SB378,108 10Section 108. 49.325 (2g) (a) of the statutes is amended to read:
SB378,30,211 49.325 (2g) (a) The department shall annually submit to the county board of
12supervisors in a county with a single-county department or the county boards of
13supervisors in counties with a multicounty department a proposed written contract
14containing the allocation of funds for services purchased or directly provided under
15this subchapter or ch. 48, for community-based juvenile delinquency-related
16services purchased or directly provided under ch. 938,
or 938 and for such
17administrative requirements as necessary. The contract as approved may contain
18conditions of participation consistent with federal and state law. The contract may
19also include provisions necessary to ensure uniform cost accounting of services. Any
20changes to the proposed contract shall be mutually agreed upon. The county board
21of supervisors in a county with a single-county department or the county boards of
22supervisors in counties with a multicounty department shall approve the contract
23before January 1 of the year in which it takes effect unless the department grants
24an extension. The county board of supervisors in a county with a single-county
25department or the county boards of supervisors in counties with a multicounty

1department may designate an agent to approve addenda to any contract after the
2contract has been approved.
SB378,109 3Section 109. 49.325 (2g) (b) of the statutes is amended to read:
SB378,30,94 49.325 (2g) (b) The department may not approve contracts for amounts in
5excess of available revenues. The county board of supervisors in a county with a
6single-county department or the county boards of supervisors in counties with a
7multicounty department may appropriate funds for community-based juvenile
8delinquency-related services under ch. 938. Actual expenditure of county funds
9shall be reported in compliance with procedures developed by the department.
SB378,110 10Section 110. 49.325 (2g) (c) of the statutes is amended to read:
SB378,30,1511 49.325 (2g) (c) The joint committee on finance may require the department to
12submit contracts between county departments under ss. 46.215, 46.22, and 46.23
13and providers of services under this subchapter or ch. 48 or of community-based
14juvenile delinquency-related services under ch.
938 to the committee for review and
15approval.
SB378,111 16Section 111. 49.325 (2r) (a) 1. of the statutes is amended to read:
SB378,30,2117 49.325 (2r) (a) 1. For services under this subchapter or ch. 48 or
18community-based juvenile delinquency-related services under ch. 938 that
19duplicate or are inconsistent with services being purchased or provided by the
20department or other county departments receiving grants-in-aid or reimbursement
21from the department.
SB378,112 22Section 112. 49.325 (2r) (a) 2. of the statutes is amended to read:
SB378,31,423 49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or
24regulations, in which case the department may also arrange for the provision of
25services under this subchapter or ch. 48 or community-based juvenile

1delinquency-related services under ch.
938 by an alternate agency. The department
2may not arrange for the provision of those services by an alternate agency unless the
3joint committee on finance or a review body designated by the committee reviews and
4approves the department's determination.
SB378,113 5Section 113. 49.34 (1) of the statutes is amended to read:
SB378,31,166 49.34 (1) All services under this subchapter and ch. chs. 48 and all
7community-based juvenile delinquency-related services under ch.
938 purchased
8by the department or by a county department under s. 46.215, 46.22, or 46.23 shall
9be authorized and contracted for under the standards established under this section.
10The department may require the county departments to submit the contracts to the
11department for review and approval. For purchases of $10,000 or less the
12requirement for a written contract may be waived by the department. No contract
13is required for care provided by foster homes that are required to be licensed under
14s. 48.62. When the department directly contracts for services, the department shall
15follow the procedures in this section in addition to meeting purchasing requirements
16established in s. 16.75.
SB378,114 17Section 114. 49.34 (2) of the statutes is amended to read:
SB378,31,2418 49.34 (2) All services purchased under this subchapter and ch. chs. 48 and all
19community-based juvenile delinquency-related services purchased under ch.
938
20shall meet standards established by the department and other requirements
21specified by the purchaser in the contract. Based on these standards the department
22shall establish standards for cost accounting and management information systems
23that shall monitor the utilization of the services, and document the specific services
24in meeting the service plan for the client and the objective of the service.
SB378,115 25Section 115. 49.35 (1) (a) of the statutes is amended to read:
SB378,32,8
149.35 (1) (a) The department shall supervise the administration of programs
2under this subchapter and ch. chs. 48 and of community-based juvenile
3delinquency-related programs under ch.
938. The department shall submit to the
4federal authorities state plans for the administration of programs under this
5subchapter and ch. chs. 48 and of community-based juvenile delinquency-related
6programs under ch.
938 in such form and containing such information as the federal
7authorities require, and shall comply with all requirements prescribed to ensure
8their correctness.
SB378,116 9Section 116. 49.35 (1) (b) of the statutes is amended to read:
SB378,32,1810 49.35 (1) (b) All records of the department and all county records relating to
11programs under this subchapter and ch. chs. 48, community-based juvenile
12delinquency-related programs under ch.
and 938, and aid under s. 49.18, 1971 stats.,
13s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973,
14shall be open to inspection at all reasonable hours by authorized representatives of
15the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county
16records relating to the administration of the services and public assistance specified
17in this paragraph shall be open to inspection at all reasonable hours by authorized
18representatives of the department.
SB378,117 19Section 117. 49.35 (2) of the statutes is amended to read:
SB378,32,2320 49.35 (2) The county administration of all laws relating to programs under this
21subchapter and ch. chs. 48 and to community-based juvenile delinquency-related
22programs under ch.
938 shall be vested in the officers and agencies designated in the
23statutes.
SB378,118 24Section 118. 49.45 (6m) (br) 1. of the statutes is amended to read:
SB378,33,7
149.45 (6m) (br) 1. Notwithstanding s. 20.435 (7) (b) or 20.437 (1) (cj) or (2) (dz)
2or (4) (cj), the department shall reduce allocations of funds to counties in the amount
3of the disallowance from the appropriation account under s. 20.435 (7) (b), or the
4department shall direct the department of children and families to reduce allocations
5of funds to counties or Wisconsin Works agencies in the amount of the disallowance
6from the appropriation account under s. 20.437 (1) (cj) or (2) (dz) or (4) (cj), in
7accordance with s. 16.544 to the extent applicable.
SB378,119 8Section 119. 49.45 (25) (bj) of the statutes is amended to read:
SB378,33,169 49.45 (25) (bj) The department of corrections children and families may elect
10to provide case management services under this subsection to persons who are under
11the supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or
12938.357 (4), who are Medical Assistance beneficiaries, and who meet one or more of
13the conditions specified in par. (am). The amount of the allowable charges for those
14services under the Medical Assistance program that is not provided by the federal
15government shall be paid from the appropriation account under s. 20.410 (3) 20.437
16(4)
(hm), (ho), or (hr).
SB378,120 17Section 120. 49.855 (2p) of the statutes is repealed.
SB378,121 18Section 121. 49.855 (3) of the statutes is amended to read:
SB378,34,1619 49.855 (3) Receipt of a certification by the department of revenue shall
20constitute a lien, equal to the amount certified, on any state tax refunds or credits
21owed to the obligor. The lien shall be foreclosed by the department of revenue as a
22setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
23that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
24obligor that the state intends to reduce any state tax refund or credit due the obligor
25by the amount the obligor is delinquent under the support, maintenance, or receiving

1and disbursing fee order or obligation, by the outstanding amount for past support,
2medical expenses, or birth expenses under the court order, or by the amount due
3under s. 46.10 (4), or 49.345 (4), or 301.12 (4). The notice shall provide that within
420 days the obligor may request a hearing before the circuit court rendering the order
5under which the obligation arose. Within 10 days after receiving a request for
6hearing under this subsection, the court shall set the matter for hearing. Pending
7further order by the court or a circuit court commissioner, the department of children
8and families or its designee, whichever is appropriate, is prohibited from disbursing
9the obligor's state tax refund or credit. A circuit court commissioner may conduct the
10hearing. The sole issues at that hearing shall be whether the obligor owes the
11amount certified and, if not and it is a support or maintenance order, whether the
12money withheld from a tax refund or credit shall be paid to the obligor or held for
13future support or maintenance, except that the obligor's ability to pay shall also be
14an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d)
151. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's
16income was at or below the poverty line established under 42 USC 9902 (2).
SB378,122 17Section 122. 49.855 (4m) (b) of the statutes is amended to read:
SB378,35,2118 49.855 (4m) (b) The department of revenue may provide a certification that it
19receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon
20receipt of the certification, the department of administration shall determine
21whether the obligor is a vendor or is receiving any other payments from this state,
22except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
2345.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration
24determines that the obligor is a vendor or is receiving payments from this state,
25except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.

145.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
2certified from those payments and shall notify the obligor that the state intends to
3reduce any payments due the obligor by the amount the obligor is delinquent under
4the support, maintenance, or receiving and disbursing fee order or obligation, by the
5outstanding amount for past support, medical expenses, or birth expenses under the
6court order, or by the amount due under s. 46.10 (4), or 49.345 (4), or 301.12 (4). The
7notice shall provide that within 20 days after receipt of the notice the obligor may
8request a hearing before the circuit court rendering the order under which the
9obligation arose. An obligor may, within 20 days after receiving notice, request a
10hearing under this paragraph. Within 10 days after receiving a request for hearing
11under this paragraph, the court shall set the matter for hearing. A circuit court
12commissioner may conduct the hearing. Pending further order by the court or circuit
13court commissioner, the department of children and families or its designee,
14whichever is appropriate, may not disburse the payments withheld from the obligor.
15The sole issues at the hearing are whether the obligor owes the amount certified and,
16if not and it is a support or maintenance order, whether the money withheld shall be
17paid to the obligor or held for future support or maintenance, except that the obligor's
18ability to pay is also an issue at the hearing if the obligation relates to an order under
19s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that
20the obligor's income was at or below the poverty line established under 42 USC 9902
21(2).
SB378,123 22Section 123. 59.24 of the statutes is amended to read:
SB378,36,15 2359.24 Clerks of counties containing state institutions to make claims
24in certain cases.
The clerk of any county that is entitled to reimbursement under
25s. 16.51 (7) shall make a certified claim against the state, without direction from the

1board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms
2prescribed by the department of administration. The forms shall contain
3information required by the clerk and shall be filed annually with the department
4of corrections
on or before June 1. If Claims for reimbursement of expenses involving
5a prisoner in a state prison named in s. 302.01 shall be filed with the department of
6corrections and, if
the claims are approved by the department of corrections, they
7shall be certified to the department of administration and paid from the
8appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses
9involving a prisoner in a state prison named in s. 302.01, or
. Claims for
10reimbursement of expenses involving a juvenile in a juvenile correctional facility, as
11defined in s. 938.02 (10p), shall be filed with the department of children and families
12and, if the claims are approved by the department of children and families, they shall
13be certified to the department of administration and paid
from the appropriation
14under s. 20.410 (3) 20.437 (4) (c), if the claim is for reimbursement of expenses
15involving a juvenile in a juvenile correctional facility, as defined in s. 938.02 (10p)
.
SB378,124 16Section 124. 102.27 (2) (a) of the statutes is amended to read:
SB378,36,1817 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
1849.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).
SB378,125 19Section 125. 230.08 (2) (e) 2m. of the statutes is amended to read:
SB378,36,2020 230.08 (2) (e) 2m. Children and families — 9 10.
SB378,126 21Section 126. 230.08 (2) (e) 3e. of the statutes is amended to read:
SB378,36,2222 230.08 (2) (e) 3e. Corrections — 7 6.
SB378,127 23Section 127. 301.001 of the statutes is amended to read:
SB378,37,5 24301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to
25304 are to prevent delinquency and crime by an attack on their its causes; to provide

1a just, humane, and efficient program of rehabilitation of offenders; and to coordinate
2and integrate corrections programs with other social services. In creating the
3department of corrections, chs. 301 to 304, the legislature intends that the state
4continue to avoid sole reliance on incarceration of offenders and continue to develop,
5support and maintain professional community programs and placements.
SB378,128 6Section 128. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act 55,
7is repealed.
SB378,129 8Section 129. 301.01 (4) of the statutes is amended to read:
SB378,37,109 301.01 (4) “State correctional institution" means a state prison under s. 302.01
10or a juvenile correctional facility operated by the department.
SB378,130 11Section 130. 301.025 of the statutes, as affected by 2015 Wisconsin Act 55,
12section 4224, is renumbered 938.524 and amended to read:
SB378,37,17 13938.524 Division of juvenile corrections. The division of juvenile
14corrections shall exercise the powers and perform the duties of the department that
15relate to juvenile correctional services and institutions, juvenile offender review,
16community supervision under s. 938.533, and the serious juvenile offender program
17under s. 938.538, and youth aids under s. 938.526.
SB378,131 18Section 131. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act 55,
19section 4227b, is amended to read:
SB378,38,220 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all
21persons placed under court-ordered departmental supervision under s. 938.34 (2),
22all persons placed in the serious juvenile offender program under s. 938.34 (4h), all
23persons placed in a juvenile correctional facility or a secured residential treatment
24center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed
25under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons

1placed in an experiential education program under the supervision of the
2department under s. 938.34 (7g)
.
SB378,132 3Section 132. 301.03 (10) (a) of the statutes is renumbered 938.485 (10) (a).
SB378,133 4Section 133. 301.03 (10) (b) of the statutes, as affected by 2015 Wisconsin Act
555
, is renumbered 938.485 (10) (b).
SB378,134 6Section 134. 301.03 (10) (c) of the statutes is renumbered 938.485 (10) (c) and
7amended to read:
SB378,38,188 938.485 (10) (c) Promote the enforcement of laws for the protection of
9delinquent juveniles under its jurisdiction. To this end, the department shall
10cooperate with the courts assigned to exercise jurisdiction under chs. 48 and 938, the
11department of children and families
, county departments under ss. 46.215, 46.22,
12and 46.23
, licensed child welfare agencies, and institutions in providing
13community-based programming, including in-home programming and intensive
14supervision, for delinquent juveniles under its jurisdiction. The department shall
15also establish and enforce standards for the development and delivery of services
16provided by the department under ch. 938 this chapter in regard to juveniles who
17have been adjudicated delinquent and placed under the jurisdiction of the
18department.
SB378,135 19Section 135. 301.03 (10) (d) of the statutes, as affected by 2015 Wisconsin Act
2055
, is renumbered 938.485 (10) (d).
SB378,136 21Section 136. 301.03 (10) (e) of the statutes is renumbered 938.485 (10) (e).
SB378,137 22Section 137. 301.03 (10) (f) of the statutes is renumbered 938.485 (10) (f).
SB378,138 23Section 138. 301.03 (10) (g) of the statutes is renumbered 938.485 (10) (g) and
24amended to read:
SB378,39,5
1938.485 (10) (g) Keep statistics, by race, age, and gender, of the number of
2juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938
3waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was
4ordered and annually report those statistics to the governor, and to the appropriate
5standing committees under s. 13.172 (3).
SB378,139 6Section 139. 301.03 (18) of the statutes is repealed.
SB378,140 7Section 140. 301.031 of the statutes is repealed.
SB378,141 8Section 141. 301.032 of the statutes is repealed.
SB378,142 9Section 142. 301.035 (2) of the statutes is amended to read:
SB378,39,1210 301.035 (2) Assign hearing examiners from the division to preside over
11hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and 975.10
12(2) and ch. 304.
SB378,143 13Section 143. 301.035 (4) of the statutes is amended to read:
SB378,39,1714 301.035 (4) Supervise employees in the conduct of the activities of the division
15and be the administrative reviewing authority for decisions of the division under ss.
16302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2), and 975.10 (2)
17and ch. 304.
SB378,144 18Section 144. 301.06 of the statutes is repealed.
SB378,145 19Section 145. 301.07 of the statutes is amended to read:
SB378,39,23 20301.07 Cooperation and contracts with federal government. The
21department may cooperate with the federal government in carrying out federal acts
22concerning adult corrections and juvenile correctional services and may enter into
23contracts with the federal government under 18 USC 5003.
SB378,146 24Section 146. 301.08 (1) (b) 3. of the statutes is renumbered 938.485 (18) (b) and
25amended to read:
SB378,40,12
1938.485 (18) (b) Contract with public, private, or voluntary agencies for the
2supervision, maintenance, and operation of juvenile correctional facilities,
3residential care centers for children and youth, as defined in s. 938.02 (15d), and
4secured residential care centers for children and youth for the placement of juveniles
5who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183
6or 938.34 (4d), (4h), or (4m). The department may designate juvenile correctional
7facility, residential care center for children and youth, or a secured residential care
8center for children and youth contracted for under this subdivision paragraph as a
9Type 2 juvenile correctional facility, as defined in s. 938.02 (20), and may designate
10a residential care center for children and youth or secured residential care center for
11children and youth contracted for under this subdivision as a Type 2 residential care
12center for children and youth, as defined in s. 938.02 (19r).
SB378,147 13Section 147. 301.08 (2) (a) of the statutes is amended to read:
SB378,40,2114 301.08 (2) (a) All care and services purchased by the department and all
15juvenile correctional services purchased by a county department under s. 46.215,
1646.22, or 46.23
shall be authorized and contracted for under the standards
17established under this subsection. For purchases of $10,000 or less the requirement
18for a written contract may be waived by the department. No contract is required for
19care provided by foster homes required to be licensed under s. 48.62.
If the
20department directly contracts for services, it shall follow the procedures in this
21subsection in addition to meeting purchasing requirements established in s. 16.75.
SB378,148 22Section 148. 301.08 (2) (d) 5. of the statutes is repealed.
SB378,149 23Section 149. 301.085 (2) of the statutes is repealed.
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