GMM:skg:bjhm
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 26,
To 1995 ASSEMBLY BILL 130
May 23, 1995 - Offered by Representatives Ladwig, Brancel and Ourada.
AB130-AA26,1,4
3"
Section 3m. 20.005 (3) (schedule) of the statutes: at the appropriate place,
4insert the following amounts for the purposes indicated:
-
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AB130-AA26,2,1
1"
Section 6m. 20.410 (1) (hx) of the statutes is amended to read:
AB130-AA26,2,62
20.410
(1) (hx)
Extended jurisdiction services. The amounts in the schedule for
3services to persons younger than
19 18 years old placed with the department under
4s. 48.366 (8). All moneys received in payment for services provided by the department
5specified in s. 46.26 (4) (d) 1m
. and all moneys transferred under s. 46.26 (4) (cm) 2
. 6shall be credited to this appropriation.
AB130-AA26, s. 6p
7Section 6p. 20.410 (1) (hx) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is repealed and recreated to read:
AB130-AA26,2,139
20.410
(1) (hx)
Extended jurisdiction services. The amounts in the schedule for
10services to persons younger than 18 years old placed with the department under s.
1148.366 (8) or 938.183 (2). All moneys received in payment for services provided by
12the department specified in s. 46.26 (4) (d) 1m. and all moneys transferred under s.
1346.26 (4) (cm) 3. shall be credited to this appropriation.
AB130-AA26,2,20
20"
Section 10m. 20.435 (3) (cg) of the statutes is amended to read:
AB130-AA26,2,2321
20.435
(3) (cg) (title)
Violent Serious juvenile offenders. The amounts in the
22schedule for the reimbursement of institutions
, alternate care providers and
23aftercare providers under s. 46.26 (4) (cm).
AB130-AA26,3,133
20.435
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
, 4and (hr)
and (k), the amounts in the schedule for juvenile correctional services
5specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1
.,
6and, except as provided in par. (hr)
and (k) and s. 20.410 (1) (hx), all moneys received
7in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be
8credited to this appropriation. If moneys generated by the monthly rate exceed actual
9fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall be
10remitted to the counties during the subsequent calendar year. Each county shall
11receive a proportionate share of the remittance depending on the total number of
12days of placement at juvenile correctional institutions. Counties shall use the funds
13for purposes specified in s. 46.26.
AB130-AA26,4,216
20.435
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
17and (hr), the amounts in the schedule for juvenile correctional services specified in
18s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except
19as provided in par. (hr) and s. 20.410 (1) (hx), all moneys received in payment for
20juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this
21appropriation. If moneys generated by the monthly rate exceed actual fiscal year
22institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the
23counties during the subsequent calendar year. Each county shall receive a
24proportionate share of the remittance depending on the total number of days of
25placement at juvenile correctional institutions or secured child caring institutions,
1as defined in s. 938.02 (15g). Counties shall use the funds for purposes specified in
2s. 46.26.".
AB130-AA26,4,1211
46.03
(6) (a)
Except as provided in s. 48.537, execute Execute the laws relating
12to the detention, reformation and correction of delinquents.".
AB130-AA26,5,220
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
21allocated under par. (c), the department of health and social services shall allocate
22funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
23use of applicable services of the department of health and social services under ss.
148.34 and 48.366 or the department of corrections under
ss. s. 48.366
and 48.537 2during previous calendar years.
AB130-AA26,5,105
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
6allocated under par. (c), the department of health and social services shall allocate
7funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
8use of applicable services of the department of health and social services under ss.
948.366, 938.183 (2) and 938.34 or the department of corrections under ss. 48.366,
10938.183 (2) and 938.538 during previous calendar years.".
AB130-AA26,6,215
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
16and social services shall bill counties or deduct from the allocations under s. 20.435
17(3) (cd) for the costs of care, services and supplies purchased or provided by the
18department of health and social services for each person receiving services under ss.
1948.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
20services under s. 48.366. The department of health and social services may not bill
21a county for or deduct from a county's allocation the cost of care, services and supplies
22provided to a person subject to an order under s. 48.366 after the person reaches 19
23years of age
or provided to a person subject to an order under s. 48.34 (4g). Payment
24shall be due within 60 days of the billing date. If any payment has not been received
1within 60 days, the department of health and social services may withhold aid
2payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
AB130-AA26,6,176
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
7and social services shall bill counties or deduct from the allocations under s. 20.435
8(3) (cd) for the costs of care, services and supplies purchased or provided by the
9department of health and social services for each person receiving services under ss.
1048.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
11services under s. 48.366. The department of health and social services may not bill
12a county for or deduct from a county's allocation the cost of care, services and supplies
13provided to a person subject to an order under s. 48.366 after the person reaches 18
14years of age. Payment shall be due within 60 days of the billing date. If any payment
15has not been received within 60 days, the department of health and social services
16may withhold aid payments in the amount due from the appropriation under s.
1720.435 (3) (cd) or (7) (b).
AB130-AA26,7,720
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
21and social services shall bill counties or deduct from the allocations under s. 20.435
22(3) (cd) for the costs of care, services and supplies purchased or provided by the
23department of health and social services for each person receiving services under
ss.
2448.34, s. 48.366
and, 51.35 (3)
, 938.183 (2) or 938.34 or the department of corrections
25for each person receiving services under s. 48.366
or 938.183 (2). The department
1of health and social services may not bill a county for or deduct from a county's
2allocation the cost of care, services and supplies provided to a person subject to an
3order under s. 48.366
or 938.183 (2) after the person reaches 18 years of age.
4Payment shall be due within 60 days of the billing date. If any payment has not been
5received within 60 days, the department of health and social services may withhold
6aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or
7(7) (b).
AB130-AA26,7,2410
46.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
11the basis of a per person per day cost estimate adjusted at least annually by the
12department. Except as provided in pars. (bm), (c)
,
and (cm)
and (dr), liability shall
13apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court
14exercising jurisdiction under ch. 48 for each person receiving services from the
15department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the
16department of corrections under s. 48.366. Except as provided in pars. (bm), (c)
, and 17(cm)
and (dr), in multicounty court jurisdictions, the county of residency within the
18jurisdiction shall be liable for costs under this subsection. Assessment of costs under
19par. (a) shall also be made according to the general placement type or level of care
20provided, as defined by the department, and prorated according to the ratio of the
21amount designated under sub. (3) (c) and (d) to the total applicable estimated costs
22of care, services and supplies provided by the department of health and social
23services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under
24ss. 48.34 (4g) and s. 48.366.
AB130-AA26,8,173
46.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
4the basis of a per person per day cost estimate adjusted at least annually by the
5department. Except as provided in pars. (bm), (c) and (cm), liability shall apply to
6county departments under s. 46.21, 46.22 or 46.23 in the county of the court
7exercising jurisdiction under chs. 48 and 938 for each person receiving services from
8the department of health and social services under s. 48.366, 51.35 (3), 938.183 (2)
9or 938.34 or the department of corrections under s. 48.366 or 938.183 (2). Except as
10provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of
11residency within the jurisdiction shall be liable for costs under this subsection.
12Assessment of costs under par. (a) shall also be made according to the general
13placement type or level of care provided, as defined by the department, and prorated
14according to the ratio of the amount designated under sub. (3) (c) and (d) to the total
15applicable estimated costs of care, services and supplies provided by the department
16of health and social services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 or the
17department of corrections under ss. 48.366, 938.183 (2) and 938.34 (4h).".
AB130-AA26,9,322
46.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par. (dr), 23the department of health and social services shall pay, from the appropriation under
24s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
1receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
2guardianship of the department pursuant to an order under ch. 48 at the time that
3the person was adjudicated delinquent.
AB130-AA26,9,116
46.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm), the department of
7health and social services shall pay, from the appropriation under s. 20.435 (3) (hm),
8the costs of care, services and supplies provided for each person receiving services
9under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 who was under the guardianship
10of the department pursuant to an order under ch. 48 at the time that the person was
11adjudicated delinquent.
AB130-AA26,9,2014
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par.
15(dr), the department shall transfer funds from the appropriation under s. 20.435 (3)
16(cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing
17juvenile correctional institutions for costs incurred beginning on January 1, 1995, for
18the care of any child who is placed in a juvenile correctional facility based on a
19delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or
20943.32 (2).
AB130-AA26,9,2523
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), the department
24shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
25appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile
1correctional institutions operated by the department and secured child caring
2institutions, as defined in s. 938.02 (15g), for costs incurred beginning on July 1,
31996, for the care of any child 14 years of age or over who is placed in a juvenile
4correctional facility operated by the department or secured child caring institution
5based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02,
6940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
7(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or
8948.36.
AB130-AA26,10,1810
46.26
(4) (cm) 1m. Notwithstanding pars. (a), (b) 1. and (bm), the department
11shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
12appropriation under s. 20.435 (3) (ho) for the purpose of reimbursing alternate care
13and aftercare providers
for costs incurred beginning on July 1, 1996, for the care of
14any child 14 years of age or over who is receiving alternate care or aftercare based
15on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02,
16940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
17(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or
18948.36.
AB130-AA26, s. 47m
19Section 47m. 46.26 (4) (cm) 2. of the statutes is renumbered 46.26 (4) (cm) 3.
20and amended to read:
AB130-AA26,11,321
46.26
(4) (cm) 3. Notwithstanding pars. (a), (b) 1. and (bm), the department
22shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
23appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing
juvenile or 24adult correctional institutions
and alternate care and aftercare providers for costs
25incurred beginning on
January July 1,
1995 1996, for the care of any person
19 14
1years of age or over and under 18 years of age who is placed in
an a juvenile or adult
2correctional facility under s. 48.366 (8)
or 938.183 (2) based on a delinquent act that
3is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
AB130-AA26,11,85
46.26
(4) (cm) 4. The per person daily reimbursement rate to juvenile and adult
6correctional institutions under this paragraph shall be equal to the per person daily
7cost assessment to counties under par. (d) 2. to 4. for care in a juvenile or adult
8correctional institution.".
AB130-AA26,11,13
13"
Section 51m. 46.26 (4) (d) 3. of the statutes is amended to read:
AB130-AA26,11,2214
46.26
(4) (d) 3.
In calendar year 1994
Beginning January 1, 1996, and ending
15June 30, 1996, the per person daily cost assessment to counties shall be $111.73 for
16care in a juvenile correctional institution, $111.73 for care for children transferred
17from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by
18the department of corrections by rule for maintaining a prisoner in an adult
19correctional institution, $141.05 for care in a child caring institution, $98.47 for care
20in a group home for children, $22.49 for care in a foster home, $62.46 for care in a
21treatment foster home, $66.75 for departmental corrective sanctions services and
22$12.96 for departmental aftercare services.
AB130-AA26,12,10
146.26
(4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the
2per person daily cost assessment to counties shall be $111.73 for care in a Type 1
3secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children
4transferred from a secured correctional facility, as defined in s. 938.02 (15m), or a
5secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the
6dollar amount set by the department of corrections by rule for maintaining a prisoner
7in an adult correctional institution, $141.05 for care in a child caring institution,
8$98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46
9for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional
10facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.".
AB130-AA26,12,12
12"
Section 52m. 46.26 (4) (dm) of the statutes is amended to read:
AB130-AA26,12,1713
46.26
(4) (dm) The department of health and social services shall promulgate
14rules to provide rates under par. (d) 2.,
3. and
to 4. for maintaining a person in an
15adult correctional institution. The rate shall not vary according to the adult
16correctional institution where a person is placed. The rate shall reflect the average
17daily cost associated with maintaining prisoners in adult correctional institutions.