(c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under ch. 48, county departments under s. 46.215, 46.22 and 46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 48 in regard to children who have been adjudicated delinquent.
(d) Administer the juvenile offender review program in the division of juvenile corrections in the department. The program shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional institutions to aftercare and corrective sanctions placements.
(e) Provide educational programs in all secured correctional facilities, as defined in s. 48.02 (15m).
(f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 48.02 (15m).
27,6356r
Section 6356r. 301.031 of the statutes is created to read:
301.031 County youth corrections budget and contract. (1) Budget. (a) Each county department under s. 46.215, 46.22 or 46.23 shall submit its final budget for services directly provided or purchased to the department by December 31 annually. The final budget shall be submitted on a uniform budget reporting form that the department shall develop and distribute for use and that shall include all of the following:
1. Uniform definitions of target populations and of programs and services that a county provides or purchases using funds allocated and distributed under s. 46.40.
2. Planned expenditures for the programs and services specified in subd. 1. that are separately identified by at least the following sources of funding:
a. State-distributed funds.
b. Funds obtained from levy of county property tax.
c. Client and 3rd-party fees.
d. Other funds.
3. Estimates of the number of clients to be served under each program or service that the county plans to provide or purchase using funds allocated under s. 301.26.
(b) The department shall submit a model of the contract under sub. (2g) (a) to each county department under ss. 46.215, 46.22 and 46.23 by May 1 annually.
(2) Assessment of needs. Before developing and submitting a proposed budget to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.
(2g) Contract. (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.
(b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for juvenile delinquency-related services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.
(c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22 and 46.23 and providers of service to the committee for review and approval.
(2r) Withholding funds. (a) The department, after reasonable notice, may withhold a portion of the appropriation allocated to a county department under s. 46.215, 46.22 or 46.23 if the department determines that that portion of the allocated appropriation:
1. Is for services which duplicate or are inconsistent with services being provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.
2. Is inconsistent with state or federal statutes, rules or regulations, in which case the department may also arrange for provision of services by an alternate agency. The department may not arrange for provision of services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.
3. Is for the treatment of alcoholics in treatment facilities which have not been approved by the department of health and social services in accordance with s. 51.45 (8).
4. Is for inpatient treatment in excess of an average of 21 days, as provided in s. 51.423 (12), excluding care for patients at the centers for the developmentally disabled.
5. Is inconsistent with the provisions of the county department's contract under sub. (2g).
(b) If the department withholds a portion of the allocable appropriation under par. (a), the county department affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent or the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.
(3) Open public participation process. (a) Citizen advisory committee. 1. Except as provided in par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish, in accordance with subd. 2. or 3., a citizen advisory committee to the county departments under ss. 46.215, 46.22 and 46.23. The citizen advisory committee shall advise in the formulation of the budget under sub. (1).
2. The citizen advisory committee established under s. 46.031 (3) (a) may also serve as the citizen advisory committee under subd. 1.
3. If the citizen advisory committee established under s. 46.031 (3) (a) does not also serve as the citizen advisory committee under subd. 1., membership on the committee under subd. 1. shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.
(b) Alternate process. The county board of supervisors or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under sub. (2). The county board of supervisors may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under par. (a) is not required.
(c) Yearly report. The county board of supervisors or its designated agent, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under par. (a) or a report on the open public participation process under par. (b) on or before July 1 of each year.
27,6356t
Section 6356t. 301.032 of the statutes is created to read:
301.032 Juvenile delinquency-related services; supervisory functions of state department. (1) (a) The department shall supervise the administration of juvenile delinquency-related services. The department shall submit to the federal authorities state plans for the administration of juvenile delinquency-related services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
(b) All records of the department and all county records relating to juvenile delinquency-related services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. 48.396 (2), all county records relating to the administration of such services shall be open to inspection at all reasonable hours by authorized representatives of the department.
(c) The department may at any time audit all county records relating to the administration of juvenile delinquency-related services and may at any time conduct administrative reviews of county departments under ss. 46.215, 46.22 and 46.23. If the department conducts such audit or administrative review in a county, the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21, 46.22 or 46.23.
(2) The county administration of all laws relating to juvenile delinquency-related services shall be vested in the officers and agencies designated in the statutes.
27,6358
Section 6358
. 301.048 (9) of the statutes is repealed.
27,6358m
Section 6358m. 301.06 of the statutes is renumbered 301.06 (intro.) and amended to read:
301.06 Education and prevention. (intro.) The department may develop do all of the following:
(1) Develop and maintain education and prevention programs.
27,6358p
Section 6358p. 301.06 (2) of the statutes is created to read:
301.06 (2) Study causes and methods of prevention and treatment of juvenile delinquency and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state or private sources, and enlist the cooperation of other agencies and state departments.
27,6358r
Section 6358r. 301.07 of the statutes is amended to read:
301.07 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections.
27,6358x
Section 6358x. 301.08 (1) (b) 1. of the statutes is amended to read:
301.08 (1) (b) 1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, placed on probation or community supervision to the department by a court of record, or released from a state correctional or penal institution. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.
27,6359
Section 6359
. 301.08 (1) (c) of the statutes is created to read:
301.08 (1) (c) 1. In this paragraph:
a. “Administrative supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 6 months between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.
b. “Minimum supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 90 days between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.
2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision of probationers and parolees who are under minimum supervision or administrative supervision. The contract shall authorize any such vendor to charge a fee to probationers and parolees sufficient to cover the cost of supervision and administration of the contract. If the department collects any moneys from a vendor under the contract, the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge). The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and parolees supervised by the vendor.
27,6360
Section 6360
. 301.08 (2) (a) of the statutes is amended to read:
301.08 (2) (a) All care and services purchased by the department and all care and services relating to juvenile delinquency purchased by a county department under s. 46.215, 46.22 or 46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75.
27,6360m
Section 6360m. 301.085 of the statutes is created to read:
301.085 Payment of benefits. (1) The department may make payments of benefits directly to persons who are authorized to receive those payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of making those payments.
(2) The department may make juvenile delinquency-related payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.
(3) The county department under s. 46.215, 46.22 or 46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. The county department under s. 46.215, 46.22 or 46.23 shall provide the department all necessary information in the manner prescribed by the department.
(4) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 301.26.
27,6361
Section 6361
. 301.12 of the statutes is created to read:
301.12 Uniform fee schedule; collections. The department of corrections shall establish fees for juvenile correctional services provided by that department which shall be included in the uniform system of fees established by the department of health and social services under s. 46.03 (18). Collections and liability enforcement of fee chargeable services for the department of corrections shall be performed by the department of health and social services under ss. 46.03 (18), 46.10 and 48.36.
27,6362
Section 6362
. 301.135 (1) of the statutes is amended to read:
301.135 (1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders and to children who are placed on electronic monitoring under s. 48.21 (4m), 48.34 (3g) or 48.355 (6) (d) 3. The department shall charge a fee to counties for providing these services.
27,6362g
Section 6362g. 301.135 (2) of the statutes is amended to read:
301.135 (2) The department may charge a fee to offenders under its supervision to cover the costs associated with electronic monitoring. The department may charge a fee under this subsection or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expenses twice.
27,6363
Section 6363
. 301.135 (3m) of the statutes is repealed.
27,6363g
Section 6363g. 301.16 (1n) of the statutes is created to read:
301.16 (1n) In addition to the institutions under sub. (1), the department shall establish a maximum security correctional institution that constitutes the prison expansion project enumerated in 1995 Wisconsin Act .... (this act), section 9108 (1) (b), and that is located at a site selected by the building commission.
27,6363h
Section 6363h. 301.18 (1) (bw) of the statutes is created to read:
301.18 (1) (bw) Provide the facilities necessary for the correctional institution under s. 301.16 (1n).
27,6363j
Section 6363j. 301.20 of the statutes is created to read:
301.20 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed under the supervision of the department under s. 48.34 (4h) or (4m). All laws pertaining to the care of children received under s. 48.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.557.
27,6363m
Section 6363m. 301.205 of the statutes is created to read:
301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility, as defined in s. 48.02 (15m). If the department decides to provide the reimbursement, it shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.
27,6363p
Section 6363p. 301.26 of the statutes is created to read:
301.26 Community youth and family aids. (1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of juvenile delinquency-related services under ch. 48, and shall provide consultation and technical assistance to aid counties in implementation and service delivery. The department shall establish information systems, monitoring and evaluation procedures to report periodically to the governor and legislature on the state impact of this section.
(2) Receipt of funds. (a) All funds to counties under this section shall be allocated to county departments under ss. 46.21, 46.22 and 46.23 subject to ss. 46.495 (2) and 301.031, except that monthly advance payments to the counties may be less than one-twelfth of the contracted amounts. No reimbursement may be made to any multicounty department until the counties which established the department have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.
(b) Uniform fees collected or received by counties under s. 46.03 (18) for services provided under this section shall be applied to cover the cost of the services.
(c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under s. 46.17, 46.175 or 301.37, for reimbursement of costs under s. 48.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.
(2m) Public participation process. In determining the use of funds under this section, county departments under ss. 46.21, 46.22 and 46.23 shall assess needs using an open public participation process which involves representatives of those receiving services.
(3) Grants-in-aid. (a) Receipt of funds under this subsection is contingent upon use of a public participation process required under sub. (2m).
(c) Within the limits of the appropriations under s. 20.410 (3) (cd) and (oo), the department shall allocate funds to each county for services under this section.
(dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.
(e) The department may carry forward $500,000 or 10% of its funds allocated under this subsection and not encumbered or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services. The allocation does not affect a county's base allocation.
(em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.
(4) State services. (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under ss. 48.34 and 48.366 or the department of health and social services for each person receiving services under s. 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).
(b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. to 4. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. 48 for each person receiving services from the department of corrections under ss. 48.34 and 48.366 or the department of health and social services under s. 51.35 (3). Except as provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under ss. 48.34 and 48.366 and the department of health and social services under s. 51.35 (3).
(bm) Notwithstanding par. (b), the county department under s. 46.21, 46.22 or 46.23 of the county of residency of a child who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under par. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under par. (b).
(c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the guardianship of the department of health and social services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.
(cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 48.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 48.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
