Feed for /1995/related/acts/77 PDF
Date of enactment: November 17, 1995
1995 Assembly Bill 130 Date of publication*: December 4, 1995
* Section 991.11, Wisconsin Statutes 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1995 WISCONSIN ACT 77
An Act to repeal 46.26 (4) (d) 3., 48.01 (1) (c), 48.01 (1) (d), 48.01 (1) (h), 48.02 (3m), 48.02 (9m), 48.02 (15g), 48.02 (15m), 48.02 (19), 48.02 (20), 48.065 (2) (g), 48.065 (3) (a), 48.065 (3) (f), 48.069 (1) (dj), 48.08 (3) (a) (intro.), 48.08 (3) (a) 1. and 2. and (b), 48.09 (1), 48.09 (2), 48.09 (3), 48.09 (4), 48.12 (title), 48.12 (1) and (2), 48.125, 48.13 (6), 48.13 (6m), 48.13 (7), 48.13 (12), 48.13 (14), 48.14 (4), 48.17, 48.18 (title) and (1), 48.18 (2), 48.18 (2r), 48.18 (3), 48.18 (4), 48.18 (5) (intro.), 48.18 (5) (a), 48.18 (5) (b), 48.18 (5) (c), 48.18 (5) (d), 48.18 (6), 48.18 (8), 48.18 (9), 48.183, 48.185 (3), 48.19 (1) (d) 3., 48.19 (1) (d) 6., 48.19 (1) (d) 8., 48.19 (1) (d) 9., 48.19 (1) (d) 10., 48.19 (1m), 48.20 (2) (cm), 48.20 (2) (e), 48.20 (2) (f), 48.20 (2) (g), 48.20 (7) (c) 1m., 48.208 (1), 48.208 (2), 48.208 (5), 48.209 (3), 48.21 (2), 48.21 (4m), 48.22, 48.225, 48.23 (1) (am), 48.23 (1) (ar), 48.23 (2m), 48.237, 48.24 (2m) (a) 1., 48.24 (2m) (a) 3., 48.24 (7), 48.243 (1m), 48.245 (2) (a) 5., 48.245 (2) (a) 6., 48.245 (2) (a) 7., 48.245 (2g), 48.245 (2m), 48.245 (6), 48.25 (2) (b), 48.25 (4), 48.25 (5), 48.255 (1) (d), 48.27 (4m), 48.27 (7), 48.29 (1g), 48.29 (2), 48.295 (1c) (b), 48.295 (1c) (c), 48.295 (2) (a), 48.296, 48.299 (1) (am), 48.30 (4), 48.30 (5), 48.32 (1d), 48.32 (1g), 48.32 (1r), 48.32 (1t), 48.32 (1x), 48.32 (2) (b), 48.32 (4), 48.33 (3), 48.33 (3r), 48.331, 48.335 (3m), 48.34 (intro.), 48.34 (2r), 48.34 (3g), 48.34 (4h), 48.34 (4m), 48.34 (4n), 48.34 (4p), 48.34 (4r), 48.34 (4s), 48.34 (5), 48.34 (7), 48.34 (7m), 48.34 (7r), 48.34 (7t), 48.34 (8), 48.34 (9), 48.34 (14), 48.34 (15), 48.341, 48.342, 48.343, 48.344, 48.345 (1) (a), 48.345 (1) (b), 48.345 (1) (c), 48.345 (1) (d), 48.345 (1) (f), 48.345 (2), 48.346, 48.35 (1) (a), 48.35 (1) (b) 4., 48.35 (1) (c), 48.355 (3m), 48.355 (4) (b), 48.355 (6) and (6g), 48.357 (3), 48.357 (4) (a), 48.357 (4g), 48.357 (5), 48.364, 48.37 (3), 48.38 (3) (a), 48.39, 48.396 (2) (c), 48.396 (2) (d), 48.396 (2) (e), 48.396 (2m), 48.396 (3), 48.396 (4), 48.396 (5), 48.396 (6), 48.396 (7), 48.396 (8), 48.505, 48.51 (1) (intro.), 48.532, 48.533, 48.534, 48.535, 48.538, 48.553, 48.554, 48.555, 48.556, 48.557, 48.558, 48.559, 48.57 (4), 48.595, 48.78 (2) (e), 48.78 (2) (f), 48.78 (3), 48.795, 301.031 (1) (a) 1., 2. and 3. and 906.09 (4); to renumber 48.34 (1), 48.34 (3), 48.34 (4), 48.34 (6), 48.34 (6m), 48.34 (10) (title), 48.34 (10) (a), 48.34 (10) (b), 48.34 (10) (c), 48.34 (11), 48.34 (12), 48.34 (13), 48.35 (intro.), 48.991, 48.992 (intro.) and (2), 48.996 and 48.997; to renumber and amend 48.25 (2) (a), 48.295 (2) (b), 48.34 (2), 48.34 (2m), 48.355 (4) (a), 48.533 (3), 48.992 (1) (a), 48.992 (1) (b), 48.992 (3), 48.993, 48.994, 48.995 (intro.) and (1), 48.995 (2), 48.995 (3) and (4), 48.998, 118.125 (5) and 301.031 (1) (a) (intro.); to consolidate, renumber and amend 48.295 (1c) (intro.) and (a), 48.345 (1) (intro.) and (e) and ; to amend 16.385 (7), 16.51 (7), 17.10 (6) (b) 1., 19.35 (1) (am) 2. c., 20.410 (3) (cd), 20.410 (3) (cg), 20.410 (3) (ho), 20.410 (3) (o), 20.435 (7) (b), 38.24 (1s), 46.03 (7) (a), 46.041 (1) (a), 46.043, 46.10 (1), 46.10 (2), 46.10 (14) (b), 46.10 (14) (e) 1., 46.206 (1) (b), 46.21 (2) (a), 46.215 (1) (h), 46.22 (1) (c) 1. b., 46.22 (1) (c) 1. c., 46.22 (1) (c) 5., 46.22 (1) (c) 8. c., 46.22 (1) (c) 8. e., 46.25 (9) (b), 46.26 (4) (d) 3., 46.275 (4) (b) 1., 46.28 (1) (am) 1., 46.28 (1) (am) 2., 46.56 (3) (a) 5., 46.56 (8) (a), 46.56 (8) (g), 46.56 (8) (h) 5., 46.56 (8) (j), 46.56 (8) (k), 46.56 (14) (a) (intro.), 48.02 (1), 48.02 (2), 48.02 (2m), 48.02 (10), 48.02 (15m), 48.023 (4), 48.03 (2), 48.035, 48.065 (2) (gm), 48.065 (3) (b), 48.065 (3) (c), 48.065 (3) (e), 48.065 (3) (f), 48.069 (1) (intro.), 48.069 (2), 48.07 (3), 48.07 (4), 48.08 (2), 48.10, 48.13 (4), 48.135 (1), 48.15, 48.185 (1), 48.19 (1) (d) 6., 48.20 (2) (ag), 48.20 (3), 48.20 (7) (a), 48.20 (8), 48.205 (1) (a), 48.205 (1) (c), 48.208 (1), 48.21 (1) (a), 48.21 (3) (intro.), 48.227 (4) (b), 48.227 (4) (e) 2., 48.23 (1) (a), 48.23 (4), 48.24 (1), 48.24 (2m) (a) 2., 48.24 (5), 48.243 (1) (intro.), 48.243 (1) (b), 48.243 (1) (c), 48.243 (1) (h), 48.245 (1), 48.245 (2) (b), 48.245 (7), 48.245 (8), 48.25 (1), 48.25 (3), 48.255 (1) (intro.), 48.255 (1) (e), 48.255 (3), 48.255 (4), 48.263 (2), 48.27 (1), 48.27 (8), 48.273 (1), 48.273 (3), 48.275 (1), 48.275 (2) (a), 48.29 (1), 48.29 (1m), 48.29 (3), 48.293 (1), 48.293 (2), 48.297 (2), 48.297 (3), 48.297 (5), 48.299 (1) (a), 48.299 (4) (a), 48.299 (4) (b), 48.30 (1), 48.30 (2), 48.30 (3), 48.30 (6), 48.30 (7), 48.30 (8), 48.30 (9), 48.30 (10), 48.31 (1), 48.31 (2), 48.31 (4), 48.32 (1), 48.32 (2) (a), 48.32 (5) (a), 48.32 (5) (b), 48.33 (1) (intro.), 48.33 (4m) (intro.), 48.335 (1), 48.35 (1) (b) 2., 48.355 (1), 48.355 (2) (b) 5., 48.355 (7), 48.357 (2), 48.357 (4), 48.357 (4g) (b), 48.357 (4g) (d), 48.357 (4m), 48.357 (5) (a), (b) and (d), 48.357 (5) (e) and (g), 48.36 (1), 48.361 (1) (b), 48.361 (1) (c), 48.361 (2) (am) 2., 48.362 (2), 48.365 (7), 48.366 (5) (a) 2., 48.366 (6) (a) 2., 48.366 (6) (c) 2., 48.37 (1), 48.373 (1), 48.375 (4) (b) 1g., 48.38 (1) (a), 48.396 (1), 48.396 (2) (a), 48.396 (2) (b), 48.415 (1) (a) 2., 48.415 (2) (a), 48.45 (1) (a), 48.45 (1) (b), 48.45 (1m) (a), 48.48 (13), 48.51 (1) (intro.), 48.52 (title), 48.52 (1) (c), 48.547 (1), 48.547 (4), 48.57 (1) (a), 48.58 (1) (b), 48.58 (1) (c), 48.58 (1) (d), 48.59 (1), 48.63 (1), 48.66 (1), 48.68 (1), 48.78 (1), 48.78 (2) (a), 48.78 (2) (c), 48.78 (3), 48.79 (intro.), 48.95, 49.19 (4) (c), 49.46 (1) (a) 5., 49.90 (1m), 50.39 (3), 51.05 (2), 51.13 (1) (c), 51.13 (4) (a), 51.13 (4) (b), 51.13 (4) (d), 51.13 (4) (h) 2., 51.13 (4) (h) 4., 51.14 (2), 51.15 (1) (a) (intro.), 3. and 4., 51.20 (1) (a) 2. b., c. and d., 51.20 (1) (b), 51.20 (6), 51.20 (13) (cr), 51.35 (3) (title), 51.35 (3) (a), 51.35 (3) (b), 51.35 (3) (c), 51.35 (3) (e), 51.35 (3) (g), 51.42 (3) (ar) 4. b., 51.42 (3) (as) 1., 51.437 (4rm) (a), 51.45 (5) (d) 1., 51.45 (11) (bm), 59.175, 101.123 (1) (i), 101.123 (3) (gg), 102.07 (13), 103.72, 103.87, 115.31 (1) (b), 115.81 (9) (c), 115.85 (2m), 118.125 (1) (a), 118.125 (2) (c), 118.125 (2) (cm), 118.125 (2) (d), 118.125 (2) (e), 118.125 (2) (i), 118.125 (2) (j) 2., 118.125 (2) (j) 3., 118.125 (2) (L), 118.125 (3), 118.125 (4), 118.127, 118.15 (1) (cm) 1., 118.15 (5) (a), 118.16 (2m) (a) (intro.), 118.16 (2m) (d), 118.16 (2m) (e), 118.16 (4) (e), 118.16 (5) (intro.), 118.16 (5) (a), 118.16 (5) (c), 118.16 (6), 118.162 (4) (e), 118.163 (2) (b), 118.163 (2) (d), 120.12 (18), 121.78 (4), 125.07 (4) (bs) 1., 125.07 (4) (bs) 2., 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 1., 125.07 (4) (c) 2., 125.07 (4) (c) 3., 125.07 (4) (c) 4., 125.07 (4) (cg), 125.07 (4) (d), 125.07 (4) (e) 2. a., 125.085 (3) (bd), 125.085 (3) (bh), 125.085 (3) (bt), 125.09 (2) (d), 146.34 (1) (e), 146.34 (5) (a) (intro.), 146.81 (4), 146.81 (5), 157.065 (2) (a) 4. c., 161.573 (2), 161.574 (2), 161.575 (2), 165.76 (1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5., 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3), 175.35 (1) (ag), 175.45 (1) (b), 175.45 (1) (e), 175.45 (3) (a) 2., 175.45 (5) (b), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 252.04 (6), 252.11 (5m), 252.11 (7), 252.15 (1) (ab), 252.15 (2) (a) 6., 252.15 (2) (a) 7. a., 252.15 (5) (a) 17., 252.15 (5) (a) 19., 301.01 (2) (b), 301.01 (4), 301.025, 301.03 (9), 301.03 (10) (c), (e) and (f), 301.032 (1) (b), 301.035 (2), 301.035 (4), 301.12, 301.20, 301.205, 301.26 (1), 301.26 (2) (c), 301.26 (4) (a), 301.26 (4) (b), 301.26 (4) (c), 301.26 (4) (cm) 1., 301.26 (4) (cm) 2., 301.26 (4) (d) 1., 301.26 (4) (d) 1m., 301.26 (4) (e), 301.26 (4) (ed), 301.26 (4) (eg), 301.26 (4) (g), 301.26 (7) (h), 301.263 (3), 301.36 (5), 302.11 (10), 302.18 (7), 302.255, 302.31, 302.386 (1), 302.386 (2) (intro.), 302.386 (3) (a), 302.386 (5) (c), 302.425 (2g), 302.425 (2m), 302.425 (3), 302.425 (3m), 302.425 (4), 303.215, 304.06 (1) (b), 340.01 (9r) (d), 343.06 (1) (i), 343.30 (5), 343.30 (6) (b) (intro.), 752.31 (2) (e), 757.69 (1) (intro.), 757.69 (1) (g), 757.69 (1) (k), 757.69 (2) (intro.), 757.69 (3) (intro.), 757.81 (2), . 758.19 (6) (a), 758.19 (6) (d) 1. and 2., 767.02 (1) (m), 767.24 (3) (e), 767.29 (3), 767.30 (1), 767.305, 767.32 (1) (a), 767.32 (2r), 767.47 (10), 778.25 (1) (a) 1., 778.25 (1) (a) 4., 778.25 (1) (a) 5., 778.25 (8) (a), 778.25 (8) (b), 778.25 (8) (c), 808.04 (3), 808.04 (4), 809.30 (1) (a), 809.30 (1) (b), 809.30 (2) (d), 809.30 (2) (fm), 809.40 (1), 851.72 (7), 859.07 (2), 880.15 (1), 885.37 (1) (a) 2., 895.035 (3), 895.035 (4), 895.035 (6), 901.05 (2) (intro.), 901.05 (3), 904.13 (2), 905.04 (4) (i), 906.08 (2), 906.09 (title), 906.09 (1), 906.09 (2), 906.09 (3), 906.09 (5), 908.08 (1), 939.62 (3) (a), 939.62 (3) (b), 939.635 (title) and (1), 939.635 (2) (b), 940.20 (2m), 941.29 (2), 943.51 (1) (intro.), 946.42 (1) (a), 946.42 (1) (c), 946.42 (2) (b), 946.42 (3) (b), 946.42 (3) (c), 946.44 (1) (a), 946.44 (2) (c), 946.44 (2) (d), 946.45 (1), 946.45 (2) (c), 946.45 (2) (d), 948.31 (1) (a) 2., 948.31 (1) (b), 948.40 (1), 948.40 (2), 948.50 (4) (b), 948.60 (2) (d), 948.61 (4), 950.02 (1m), 967.04 (7) (a) (intro.), 967.04 (9), 968.255 (1) (a) 3., 968.255 (7) (b), 969.01 (4), 970.032 (title) and (1), 970.032 (2) (intro.), 970.032 (2) (b), 970.032 (2) (c), 970.035, 971.105, 972.14 (3), 976.08, 977.02 (3), 977.02 (4r), 977.03 (2m), 977.05 (4) (gm), 977.05 (4) (h), 977.05 (4) (i) 5., 977.05 (6) (cm) 2., 977.06 (1m), 977.06 (2) (a), 977.06 (2) (am), 977.06 (3) (c), 977.07 (1) (a), 977.07 (1) (c), 977.07 (2m), 977.075 (1) (intro.), (3) and (4), 977.076, 977.08 (2) (e), 977.085 (3), 978.05 (6) (a), 980.015 (2) (b), 980.02 (1) (b) 2., 980.02 (2) (ag), 980.02 (4) (am), 980.02 (4) (b), 980.04 (1), 990.01 (3) and 990.01 (20); to repeal and recreate 46.22 (1) (c) 1. b., 48.205 (1) (c), 48.275 (3), 48.365 (7), 48.396 (1m), 48.48 (13), 101.123 (1) (i), 157.065 (2) (a) 4. c., 165.76 (1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5., 227.03 (4), 302.31, 946.42 (1) (a), 946.44 (1) (a) and 946.45 (1); to create 48.02 (19), 48.02 (20), 48.355 (2) (b) 1m., 48.396 (1g), 48.396 (2) (ag), 48.396 (2) (am), 48.533 (3) (b), 48.60 (2) (h), 48.78 (2) (ag), 48.78 (2) (am), 60.23 (22m), 101.123 (3) (gg), 118.125 (2) (cg), 118.125 (2) (n), 118.125 (5) (b), 118.127 (3), 118.15 (5) (am), 118.16 (5m), 118.163 (2) (e), 118.163 (2) (f), 301.03 (9r), 301.03 (10) (g), 301.35 (2) (e), 302.386 (5) (c), 302.386 (5) (d), 304.06 (1z), 808.075 (4) (fn), 895.035 (2m), chapter 938, 938.988, 940.20 (2m) (a) 1. and 946.50 of the statutes; and to affect 1995 Wisconsin Act 27, section 9126 (23) (f) 5.; relating to: creating a juvenile justice code, allowing civil actions against any minor or parent of a minor for retail theft, granting rule-making authority and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
77,1 Section 1. 16.385 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
16.385 (7) Individuals in state prisons. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).
77,2 Section 2. 16.51 (7) of the statutes, as affected by 1995 Wisconsin Act 27, section 294p, is amended to read:
16.51 (7) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 48.02 938.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.
77,3 Section 3. 17.10 (6) (b) 1. of the statutes is amended to read:
17.10 (6) (b) 1. Disposition staff and intake workers appointed to provide services under ch. chs. 48 and 938.
77,4 Section 4. 19.35 (1) (am) 2. c. of the statutes is amended to read:
19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.
77,5 Section 5. 20.410 (3) (cd) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
20.410 (3) (cd) Community youth and family aids. The amounts in the schedule for the improvement and provision of juvenile delinquency-related services under s. 301.26 and for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services as provided in s. 48.06 938.06 (4). Disbursements may be made from this appropriation under s. 301.085. Refunds received relating to payments made under s. 301.085 shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of corrections may transfer moneys under this paragraph between fiscal years. Except for moneys authorized for transfer under s. 301.26 (3), all moneys from this paragraph allocated under s. 301.26 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.
77,6 Section 6. 20.410 (3) (cg) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
20.410 (3) (cg) Serious juvenile offenders. The amounts in the schedule for juvenile correctional institution, corrective sanctions, alternate care, aftercare and other juvenile program services specified in s. 48.538 938.538 (3) provided for the persons specified in s. 301.26 (4) (cm), for juvenile correctional institution services for persons placed in juvenile correctional institutions under s. 973.013 (3m) and for juvenile correctional services for persons under 18 years of age placed with the department under s. 48.366 (8).
77,7 Section 7. 20.410 (3) (ho) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.553 (3) and (8), 48.557 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.553 (3) and (8), 48.557 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 as specified in s. 301.26 (4) (e) shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year foster care, treatment foster care, group home care and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement in foster care, treatment foster care, group home care or institutional child care.
77,8 Section 8. 20.410 (3) (o) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
20.410 (3) (o) Federal aid; foster care and treatment foster care. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care to delinquent children under ss. 48.533 (3) and (8) and 48.557 938.48 (4) and (14) and 938.52, and for the cost of care for children under s. 49.19 (10) (d). All moneys received under this paragraph shall be deposited in the general fund as a nonappropriated receipt.
77,9 Section 9. 20.435 (7) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.435 (7) (b) Community aids. The amounts in the schedule for human services under s. 46.40, for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.22 and 48.58 and 938.22 and for foster care and treatment foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b) may be made from this appropriation. Refunds received relating to payments made under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health and social services may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under ss. 46.495 (2) (b) and 51.423 (15) from prior year audit adjustments including those resulting from audits of services under s. 46.26, 1993 stats., or s. 46.27. Except for amounts authorized to be carried forward under s. 46.45, all funds recovered under ss. 46.495 (2) (b) and 51.423 (15) and all funds allocated under s. 46.40 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.
77,10 Section 10. 38.24 (1s) of the statutes is amended to read:
38.24 (1s) Additional fees. A district board may establish and charge a fee in addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse education program offered to individuals under s. 48.245 (2) (a) 4., 48.32 (1g) (b), 48.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g) (a).
77,11 Section 11. 46.03 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under ch. chs. 48 and 938 and licensed child welfare agencies and institutions (public and private) and take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made, including the establishment and enforcement of standards for services provided under s. 48.345.
77,12 Section 12. 46.041 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.
77,13 Section 13. 46.043 of the statutes, as affected by 1995 Wisconsin Act 27, section 2052r, is amended to read:
46.043 Secured adolescent treatment unit. The department shall provide a secured adolescent treatment unit at the Mendota Mental Health Institute. The department may designate not more than 43 beds at the secured adolescent treatment unit as secured correctional facility, as defined in s. 48.02 938.02 (15m), beds. From the appropriation under s. 20.410 (3) (hm), the department of corrections may expend not more than $2,500,000 in fiscal year 1996-97 for services for children placed in that secured adolescent treatment unit. The department of health and social services may charge the department of corrections not more than the actual cost of providing services for children under the supervision of the department of corrections who are provided services at the secured adolescent treatment unit.
77,14 Section 14. 46.10 (1) of the statutes is amended to read:
46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.
77,15 Section 15. 46.10 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2055, is amended to read:
46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4h) or (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
77,16 Section 16. 46.10 (14) (b) of the statutes is amended to read:
46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department under s. 46.25 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b).
77,17 Section 17. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act 481, is amended to read:
46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
77,18 Section 18. 46.206 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.206 (1) (b) All records of the department and all county records relating to social services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.
77,19 Section 19. 46.21 (2) (a) of the statutes is amended to read:
46.21 (2) (a) Shall adopt policies for the management, operation, maintenance and improvement of the county hospital; the detention center; the probation section of the children's court center; the provision and maintenance of the physical facilities for the children's court and its intake section under the supervision and operation of the judges assigned to exercise jurisdiction under ch. chs. 48 and 938 and as provided in s. ss. 48.06 (1) and 938.06 (1); the mental health complex; the county department of human services; the central service departments; and all buildings and land used in connection with any institution under this section. The powers and duties of the county board of supervisors are policy forming only, and not administrative or executive.
77,20 Section 20. 46.215 (1) (h) of the statutes is amended to read:
46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57 and juvenile welfare services under s. 938.57, to accept custody and guardianship of children upon the order of a competent court and to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85.
77,21 Section 21. 46.22 (1) (c) 1. b. of the statutes is amended to read:
46.22 (1) (c) 1. b. `State institutions.' Mendota mental health institute, Winnebago mental health institute, university of Wisconsin hospital and clinics, centers for the developmentally disabled and Type 1 secured correctional facilities, as defined in s. 48.02 (15m) (19).
77,22 Section 22. 46.22 (1) (c) 1. b. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:
46.22 (1) (c) 1. b. `State institutions.' Mendota mental health institute, Winnebago mental health institute, centers for the developmentally disabled and Type 1 secured correctional facilities, as defined in s. 938.02 (19).
77,23 Section 23. 46.22 (1) (c) 1. c. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
46.22 (1) (c) 1. c. `Other institution.' University of Wisconsin Hospitals and Clinics and secured child caring institutions, as defined in s. 938.02 (15g).
77,24 Section 24. 46.22 (1) (c) 5. of the statutes is amended to read:
46.22 (1) (c) 5. Perform the duties and functions prescribed in s. ss. 48.08 and 938.08 when requested to do so by the judge assigned to exercise jurisdiction under ch. chs. 48 and 938.
77,25 Section 25. 46.22 (1) (c) 8. c. of the statutes is amended to read:
46.22 (1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction under ch. chs. 48 and 938, the county department of social services shall investigate the home environment and other factors in the life of any child brought to the attention of the court for alleged dependency, neglect, or delinquency, and to assume guidance and supervision of any child placed on probation by that court.
77,26 Section 26. 46.22 (1) (c) 8. e. of the statutes is amended to read:
46.22 (1) (c) 8. e. The county department of social services shall have the powers and duties specified in s. ss. 48.57 and 938.57.
77,27 Section 27. 46.25 (9) (b) of the statutes is amended to read:
46.25 (9) (b) For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate separate rules related to the application of the standard under par. (a) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
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