LRBs0235/1
GMM:skg:hdm
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 130
September 19, 1995 - Offered by Committee on Finance.
AB130-SSA1,6,9 1An Act to repeal 46.26 (4) (d) 3., 48.01 (1) (c), 48.01 (1) (d), 48.01 (1) (h), 48.02
2(3m), 48.02 (9m), 48.02 (15g), 48.02 (15m), 48.02 (19), 48.02 (20), 48.065 (2) (g),
348.065 (3) (a), 48.065 (3) (f), 48.069 (1) (dj), 48.08 (3) (a) (intro.), 48.08 (3) (a) 1.
4and 2. and (b), 48.09 (1), 48.09 (2), 48.09 (3), 48.09 (4), 48.12 (title), 48.12 (1) and
5(2), 48.125, 48.13 (6), 48.13 (6m), 48.13 (7), 48.13 (12), 48.13 (14), 48.14 (4),
648.17, 48.18 (title) and (1), 48.18 (2), 48.18 (2r), 48.18 (3), 48.18 (4), 48.18 (5)
7(intro.), 48.18 (5) (a), 48.18 (5) (b), 48.18 (5) (c), 48.18 (5) (d), 48.18 (6), 48.18 (8),
848.18 (9), 48.183, 48.185 (3), 48.19 (1) (d) 3., 48.19 (1) (d) 6., 48.19 (1) (d) 8., 48.19
9(1) (d) 9., 48.19 (1) (d) 10., 48.19 (1m), 48.20 (2) (cm), 48.20 (2) (e), 48.20 (2) (f),
1048.20 (2) (g), 48.20 (7) (c) 1m., 48.208 (1), 48.208 (2), 48.208 (5), 48.209 (3), 48.21
11(2), 48.21 (4m), 48.22, 48.225, 48.23 (1) (am), 48.23 (1) (ar), 48.23 (2m), 48.237,
1248.24 (2m) (a) 1., 48.24 (2m) (a) 3., 48.24 (7), 48.243 (1m), 48.245 (2) (a) 5., 48.245
13(2) (a) 6., 48.245 (2) (a) 7., 48.245 (2g), 48.245 (2m), 48.245 (6), 48.25 (2) (b), 48.25
14(4), 48.25 (5), 48.255 (1) (d), 48.27 (4m), 48.27 (7), 48.29 (1g), 48.29 (2), 48.295
15(1c) (b), 48.295 (1c) (c), 48.295 (2) (a), 48.296, 48.299 (1) (am), 48.30 (4), 48.30
16(5), 48.32 (1d), 48.32 (1g), 48.32 (1r), 48.32 (1t), 48.32 (1x), 48.32 (2) (b), 48.32

1(4), 48.33 (3), 48.33 (3r), 48.331, 48.335 (3m), 48.34 (intro.), 48.34 (2r), 48.34
2(3g), 48.34 (4h), 48.34 (4m), 48.34 (4n), 48.34 (4p), 48.34 (4r), 48.34 (4s), 48.34
3(5), 48.34 (7), 48.34 (7m), 48.34 (7r), 48.34 (7t), 48.34 (8), 48.34 (9), 48.34 (14),
448.34 (15), 48.341, 48.342, 48.343, 48.344, 48.345 (1) (a), 48.345 (1) (b), 48.345
5(1) (c), 48.345 (1) (d), 48.345 (1) (f), 48.345 (2), 48.346, 48.35 (1) (a), 48.35 (1) (b)
64., 48.35 (1) (c), 48.355 (3m), 48.355 (4) (b), 48.355 (6) and (6g), 48.357 (3), 48.357
7(4) (a), 48.357 (4g), 48.357 (5), 48.364, 48.37 (3), 48.38 (3) (a), 48.39, 48.396 (2)
8(c), 48.396 (2) (d), 48.396 (2) (e), 48.396 (2m), 48.396 (3), 48.396 (4), 48.396 (5),
948.396 (6), 48.396 (7), 48.396 (8), 48.505, 48.51 (1) (intro.), 48.532, 48.533,
1048.534, 48.535, 48.538, 48.553, 48.554, 48.555, 48.556, 48.557, 48.558, 48.559,
1148.57 (4), 48.595, 48.78 (2) (e), 48.78 (2) (f), 48.78 (3), 48.795, 301.031 (1) (a) 1.,
122. and 3. and 906.09 (4); to renumber 48.34 (1), 48.34 (3), 48.34 (4), 48.34 (6),
1348.34 (6m), 48.34 (10) (title), 48.34 (10) (a), 48.34 (10) (b), 48.34 (10) (c), 48.34
14(11), 48.34 (12), 48.34 (13), 48.35 (intro.), 48.991, 48.992 (intro.) and (2), 48.996
15and 48.997; to renumber and amend 48.25 (2) (a), 48.295 (2) (b), 48.34 (2),
1648.34 (2m), 48.355 (4) (a), 48.533 (3), 48.992 (1) (a), 48.992 (1) (b), 48.992 (3),
1748.993, 48.994, 48.995 (intro.) and (1), 48.995 (2), 48.995 (3) and (4), 48.998,
18118.125 (5) and 301.031 (1) (a) (intro.); to consolidate, renumber and amend
1948.295 (1c) (intro.) and (a), 48.345 (1) (intro.) and (e) and ; to amend 16.385 (7),
2016.51 (7), 17.10 (6) (b) 1., 19.35 (1) (am) 2. c., 20.410 (3) (cd), 20.410 (3) (cg),
2120.410 (3) (ho), 20.410 (3) (o), 20.435 (7) (b), 38.24 (1s), 46.03 (7) (a), 46.041 (1)
22(a), 46.043, 46.10 (1), 46.10 (2), 46.10 (14) (b), 46.10 (14) (e) 1., 46.206 (1) (b),
2346.21 (2) (a), 46.215 (1) (h), 46.22 (1) (c) 1. b., 46.22 (1) (c) 1. c., 46.22 (1) (c) 5.,
2446.22 (1) (c) 8. c., 46.22 (1) (c) 8. e., 46.25 (9) (b), 46.26 (4) (d) 3., 46.275 (4) (b)
251., 46.28 (1) (am) 1., 46.28 (1) (am) 2., 46.56 (3) (a) 5., 46.56 (8) (a), 46.56 (8) (g),

146.56 (8) (h) 5., 46.56 (8) (j), 46.56 (8) (k), 46.56 (14) (a) (intro.), 48.02 (1), 48.02
2(2), 48.02 (2m), 48.02 (10), 48.02 (15m), 48.023 (4), 48.03 (2), 48.035, 48.065 (2)
3(gm), 48.065 (3) (b), 48.065 (3) (c), 48.065 (3) (e), 48.065 (3) (f), 48.069 (1) (intro.),
448.069 (2), 48.07 (3), 48.07 (4), 48.08 (2), 48.10, 48.13 (4), 48.135 (1), 48.15,
548.185 (1), 48.19 (1) (d) 6., 48.20 (2) (ag), 48.20 (3), 48.20 (7) (a), 48.20 (8), 48.205
6(1) (a), 48.205 (1) (c), 48.208 (1), 48.21 (1) (a), 48.21 (3) (intro.), 48.227 (4) (b),
748.227 (4) (e) 2., 48.23 (1) (a), 48.23 (4), 48.24 (1), 48.24 (2m) (a) 2., 48.24 (5),
848.243 (1) (intro.), 48.243 (1) (b), 48.243 (1) (c), 48.243 (1) (h), 48.245 (1), 48.245
9(2) (b), 48.245 (7), 48.245 (8), 48.25 (1), 48.25 (3), 48.255 (1) (intro.), 48.255 (1)
10(e), 48.255 (3), 48.255 (4), 48.263 (2), 48.27 (1), 48.27 (8), 48.273 (1), 48.273 (3),
1148.275 (1), 48.275 (2) (a), 48.29 (1), 48.29 (1m), 48.29 (3), 48.293 (1), 48.293 (2),
1248.297 (2), 48.297 (3), 48.297 (5), 48.299 (1) (a), 48.299 (4) (a), 48.299 (4) (b),
1348.30 (1), 48.30 (2), 48.30 (3), 48.30 (6), 48.30 (7), 48.30 (8), 48.30 (9), 48.30 (10),
1448.31 (1), 48.31 (2), 48.31 (4), 48.32 (1), 48.32 (2) (a), 48.32 (5) (a), 48.32 (5) (b),
1548.33 (1) (intro.), 48.33 (4m) (intro.), 48.335 (1), 48.35 (1) (b) 2., 48.355 (1),
1648.355 (2) (b) 5., 48.355 (7), 48.357 (2), 48.357 (4), 48.357 (4g) (b), 48.357 (4g)
17(d), 48.357 (4m), 48.357 (5) (a), (b) and (d), 48.357 (5) (e) and (g), 48.36 (1), 48.361
18(1) (b), 48.361 (1) (c), 48.361 (2) (am) 2., 48.362 (2), 48.365 (7), 48.366 (5) (a) 2.,
1948.366 (6) (a) 2., 48.366 (6) (c) 2., 48.37 (1), 48.373 (1), 48.375 (4) (b) 1g., 48.38
20(1) (a), 48.396 (1), 48.396 (2) (a), 48.396 (2) (b), 48.415 (1) (a) 2., 48.415 (2) (a),
2148.45 (1) (a), 48.45 (1) (b), 48.45 (1m) (a), 48.48 (13), 48.51 (1) (intro.), 48.52
22(title), 48.52 (1) (c), 48.547 (1), 48.547 (4), 48.57 (1) (a), 48.58 (1) (b), 48.58 (1)
23(c), 48.58 (1) (d), 48.59 (1), 48.63 (1), 48.66 (1), 48.68 (1), 48.78 (1), 48.78 (2) (a),
2448.78 (2) (c), 48.78 (3), 48.79 (intro.), 48.95, 49.19 (4) (c), 49.46 (1) (a) 5., 49.90
25(1m), 50.39 (3), 51.05 (2), 51.13 (1) (c), 51.13 (4) (a), 51.13 (4) (b), 51.13 (4) (d),

151.13 (4) (h) 2., 51.13 (4) (h) 4., 51.14 (2), 51.15 (1) (a) (intro.), 3. and 4., 51.20
2(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(3) (a), 51.35 (3) (b), 51.35 (3) (c), 51.35 (3) (e), 51.35 (3) (g), 51.42 (3) (ar) 4. b.,
451.42 (3) (as) 1., 51.437 (4rm) (a), 51.45 (5) (d) 1., 51.45 (11) (bm), 59.175,
5101.123 (1) (i), 101.123 (3) (gg), 102.07 (13), 103.72, 103.87, 115.31 (1) (b), 115.81
6(9) (c), 115.85 (2m), 118.125 (1) (a), 118.125 (2) (cm), 118.125 (2) (d), 118.125 (2)
7(e), 118.125 (2) (j) 3., 118.125 (2) (L), 118.125 (3), 118.125 (4), 118.127, 118.15 (1)
8(cm) 1., 118.15 (5) (a), 118.16 (2m) (a) (intro.), 118.16 (2m) (d), 118.16 (2m) (e),
9118.16 (4) (e), 118.16 (5) (intro.), 118.16 (5) (a), 118.16 (5) (c), 118.16 (6), 118.162
10(4) (e), 118.163 (2) (b), 118.163 (2) (d), 120.12 (18), 121.78 (4), 125.07 (4) (bs) 1.,
11125.07 (4) (bs) 2., 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 1., 125.07 (4)
12(c) 2., 125.07 (4) (c) 3., 125.07 (4) (c) 4., 125.07 (4) (cg), 125.07 (4) (d), 125.07 (4)
13(e) 2. a., 125.085 (3) (bd), 125.085 (3) (bh), 125.085 (3) (bt), 125.09 (2) (d), 146.34
14(1) (e), 146.34 (5) (a) (intro.), 146.81 (4), 146.81 (5), 157.065 (2) (a) 4. c., 161.573
15(2), 161.574 (2), 161.575 (2), 165.76 (1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5.,
16165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3), 175.35 (1) (ag),
17175.45 (1) (b), 175.45 (1) (e), 175.45 (3) (a) 2., 175.45 (5) (b), 227.03 (4), 230.36
18(1), 230.36 (3) (c) (intro.), 252.04 (6), 252.11 (5m), 252.11 (7), 252.15 (1) (ab),
19252.15 (2) (a) 6., 252.15 (2) (a) 7. a., 252.15 (5) (a) 17., 252.15 (5) (a) 19., 301.01
20(2) (b), 301.01 (4), 301.025, 301.03 (9), 301.03 (10) (c), (e) and (f), 301.032 (1) (b),
21301.035 (2), 301.035 (4), 301.12, 301.20, 301.205, 301.26 (1), 301.26 (2) (c),
22301.26 (4) (a), 301.26 (4) (b), 301.26 (4) (c), 301.26 (4) (cm) 1., 301.26 (4) (cm) 2.,
23301.26 (4) (d) 1., 301.26 (4) (d) 1m., 301.26 (4) (e), 301.26 (4) (ed), 301.26 (4) (eg),
24301.26 (4) (g), 301.26 (7) (h), 301.263 (3), 301.36 (5), 302.11 (10), 302.18 (7),
25302.255, 302.31, 302.386 (1), 302.386 (2) (intro.), 302.386 (3) (a), 302.386 (5) (c),

1302.425 (2g), 302.425 (2m), 302.425 (3), 302.425 (3m), 302.425 (4), 303.215,
2304.06 (1) (b), 340.01 (9r) (d), 343.06 (1) (i), 343.30 (5), 343.30 (6) (b) (intro.),
3752.31 (2) (e), 757.69 (1) (intro.), 757.69 (1) (g), 757.69 (1) (k), 757.69 (2) (intro.),
4757.69 (3) (intro.), 757.81 (2), . 758.19 (6) (a), 758.19 (6) (d) 1. and 2., 767.02 (1)
5(m), 767.24 (3) (e), 767.29 (3), 767.30 (1), 767.305, 767.32 (1) (a), 767.32 (2r),
6767.47 (10), 778.25 (1) (a) 1., 778.25 (1) (a) 4., 778.25 (1) (a) 5., 778.25 (8) (a),
7778.25 (8) (b), 778.25 (8) (c), 808.04 (3), 808.04 (4), 809.30 (1) (a), 809.30 (1) (b),
8809.30 (2) (d), 809.30 (2) (fm), 809.40 (1), 851.72 (7), 859.07 (2), 880.15 (1),
9885.37 (1) (a) 2., 895.035 (3), 895.035 (4), 895.035 (6), 901.05 (2) (intro.), 901.05
10(3), 904.13 (2), 905.04 (4) (i), 906.08 (2), 906.09 (title), 906.09 (1), 906.09 (2),
11906.09 (3), 906.09 (5), 908.08 (1), 939.62 (3) (a), 939.62 (3) (b), 939.635 (title) and
12(1), 939.635 (2) (b), 940.20 (2m), 941.29 (2), 946.42 (1) (a), 946.42 (1) (c), 946.42
13(2) (b), 946.42 (3) (b), 946.42 (3) (c), 946.44 (1) (a), 946.44 (2) (c), 946.44 (2) (d),
14946.45 (1), 946.45 (2) (c), 946.45 (2) (d), 948.31 (1) (a) 2., 948.31 (1) (b), 948.40
15(1), 948.40 (2), 948.50 (4) (b), 948.60 (2) (d), 948.61 (4), 950.02 (1m), 967.04 (7)
16(a) (intro.), 967.04 (9), 968.255 (1) (a) 3., 968.255 (7) (b), 969.01 (4), 970.032
17(title) and (1), 970.032 (2) (intro.), 970.032 (2) (b), 970.032 (2) (c), 970.035,
18971.105, 972.14 (3), 976.08, 977.02 (3), 977.02 (4r), 977.03 (2m), 977.05 (4) (gm),
19977.05 (4) (h), 977.05 (4) (i) 5., 977.05 (6) (cm) 2., 977.06 (1m), 977.06 (2) (a),
20977.06 (2) (am), 977.06 (3) (c), 977.07 (1) (a), 977.07 (1) (c), 977.07 (2m), 977.075
21(1) (intro.), (3) and (4), 977.076, 977.08 (2) (e), 977.085 (3), 978.05 (6) (a), 980.015
22(2) (b), 980.02 (1) (b) 2., 980.02 (2) (ag), 980.02 (4) (am), 980.02 (4) (b), 980.04
23(1), 990.01 (3) and 990.01 (20); to repeal and recreate 46.22 (1) (c) 1. b., 48.205
24(1) (c), 48.275 (3), 48.365 (7), 48.396 (1m), 48.48 (13), 101.123 (1) (i), 157.065 (2)
25(a) 4. c., 165.76 (1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5., 227.03 (4), 302.31,

1946.42 (1) (a), 946.44 (1) (a) and 946.45 (1); to create 48.02 (19), 48.02 (20),
248.396 (1g), 48.396 (2) (ag), 48.396 (2) (am), 48.533 (3) (b), 48.60 (2) (h), 48.78
3(2) (ag), 48.78 (2) (am), 48.78 (2) (g), 60.23 (22m), 101.123 (3) (gg), 118.125 (2)
4(cg), 118.125 (2) (n), 118.125 (5) (b), 118.127 (3), 118.15 (5) (am), 118.16 (5m),
5118.163 (2) (e), 118.163 (2) (f), 301.03 (9r), 301.35 (2) (e), 302.386 (5) (c), 302.386
6(5) (d), 304.06 (1z), 808.075 (4) (fn), 895.035 (2m), chapter 938, 938.988, 940.20
7(2m) (a) 1. and 946.50 of the statutes; and to affect 1995 Wisconsin Act 27,
8section 9126 (23) (f) 5.; relating to: creating a juvenile justice code, granting
9rule-making authority and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB130-SSA1, s. 1 10Section 1. 16.385 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is
11amended to read:
AB130-SSA1,6,1512 16.385 (7) Individuals in state prisons. No payment under sub. (6) may be
13made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person
14placed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a
15secured child caring institution, as defined in s. 938.02 (15g)
.
AB130-SSA1, s. 2 16Section 2. 16.51 (7) of the statutes, as affected by 1995 Wisconsin Act 27,
17section 294p, is amended to read:
AB130-SSA1,7,1118 16.51 (7) Audit claims for expenses in connection with prisoners and
19children in secured correctional facilities.
Receive, examine, determine and
20audit claims, duly certified and approved by the department of corrections, from the
21county clerk of any county in behalf of the county, which are presented for payment
22to reimburse the county for certain expenses incurred or paid by it in reference to all
23matters growing out of actions and proceedings involving prisoners in state prisons,

1as defined in s. 302.01, or children in secured correctional facilities, as defined in s.
248.02 938.02 (15m), including prisoners or children transferred to a mental health
3institute for observation or treatment, when the proceedings are commenced in
4counties in which the prisons or secured correctional facilities are located by a
5district attorney or by the prisoner or child as a postconviction remedy or a matter
6involving the prisoner's status as a prisoner or the child's status as a resident of a
7secured correctional facility and for certain expenses incurred or paid by it in
8reference to holding those children in secure custody while those actions or
9proceedings are pending. Expenses shall only include the amounts that were
10necessarily incurred and actually paid and shall be no more than the legitimate cost
11would be to any other county had the offense or crime occurred therein.
AB130-SSA1, s. 3 12Section 3. 17.10 (6) (b) 1. of the statutes is amended to read:
AB130-SSA1,7,1413 17.10 (6) (b) 1. Disposition staff and intake workers appointed to provide
14services
under ch. chs. 48 and 938.
AB130-SSA1, s. 4 15Section 4. 19.35 (1) (am) 2. c. of the statutes is amended to read:
AB130-SSA1,7,2116 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution,
17as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional
18facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as
19defined in s. 938.02 (15g),
mental health institute, as defined in s. 51.01 (12), center
20for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff
21of any of these institutions, facilities or jails.
AB130-SSA1, s. 5 22Section 5. 20.410 (3) (cd) of the statutes, as created by 1995 Wisconsin Act 27,
23is amended to read:
AB130-SSA1,8,1124 20.410 (3) (cd) Community youth and family aids. The amounts in the schedule
25for the improvement and provision of juvenile delinquency-related services under

1s. 301.26 and for reimbursement to counties having a population of less than 500,000
2for the cost of court attached intake services as provided in s. 48.06 938.06 (4).
3Disbursements may be made from this appropriation under s. 301.085. Refunds
4received relating to payments made under s. 301.085 shall be returned to this
5appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of
6corrections may transfer moneys under this paragraph between fiscal years. Except
7for moneys authorized for transfer under s. 301.26 (3), all moneys from this
8paragraph allocated under s. 301.26 (3) and not spent or encumbered by counties by
9December 31 of each year shall lapse into the general fund on the succeeding January
101. The joint committee on finance may transfer additional moneys to the next
11calendar year.
AB130-SSA1, s. 6 12Section 6. 20.410 (3) (cg) of the statutes, as created by 1995 Wisconsin Act 27,
13is amended to read:
AB130-SSA1,8,2014 20.410 (3) (cg) Serious juvenile offenders. The amounts in the schedule for
15juvenile correctional institution, corrective sanctions, alternate care, aftercare and
16other juvenile program services specified in s. 48.538 938.538 (3) provided for the
17persons specified in s. 301.26 (4) (cm), for juvenile correctional institution services
18for persons placed in juvenile correctional institutions under s. 973.013 (3m) and for
19juvenile correctional services for persons under 18 years of age placed with the
20department under s. 48.366 (8).
AB130-SSA1, s. 7 21Section 7. 20.410 (3) (ho) of the statutes, as created by 1995 Wisconsin Act 27,
22is amended to read:
AB130-SSA1,9,1123 20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for
24providing foster care, treatment foster care, group home care and institutional child
25care to delinquent children under ss. 48.553 (3) and (8), 48.557 and 49.19 (10) (d),

1938.48 (4) and (14) and 938.52
. All moneys transferred under s. 301.26 (4) (cm) and
2all moneys received in payment for providing foster care, treatment foster care,
3group home care and institutional child care to delinquent children under ss. 48.553
4(3) and (8), 48.557 and
49.19 (10) (d), 938.48 (4) and (14) and 938.52 as specified in
5s. 301.26 (4) (e) shall be credited to this appropriation. If moneys generated by the
6monthly rate exceed actual fiscal year foster care, treatment foster care, group home
7care and institutional child care costs by 2% or more, all moneys in excess of 2% shall
8be remitted to the counties during the subsequent calendar year. Each county shall
9receive a proportionate share of the remittance depending on the total number of
10days of placement in foster care, treatment foster care, group home care or
11institutional child care.
AB130-SSA1, s. 8 12Section 8. 20.410 (3) (o) of the statutes, as created by 1995 Wisconsin Act 27,
13is amended to read:
AB130-SSA1,9,1914 20.410 (3) (o) Federal aid; foster care and treatment foster care. All federal
15moneys received for meeting the costs of providing foster care, treatment foster care
16and institutional child care to delinquent children under ss. 48.533 (3) and (8) and
1748.557
938.48 (4) and (14) and 938.52, and for the cost of care for children under s.
1849.19 (10) (d). All moneys received under this paragraph shall be deposited in the
19general fund as a nonappropriated receipt.
AB130-SSA1, s. 9 20Section 9. 20.435 (7) (b) of the statutes, as affected by 1995 Wisconsin Act 27,
21is amended to read:
AB130-SSA1,9,2522 20.435 (7) (b) Community aids. The amounts in the schedule for human
23services under s. 46.40, for reimbursement to counties having a population of less
24than 500,000 for the cost of court attached intake services under s. 48.06 (4), for
25shelter care under ss. 48.22 and 48.58 and 938.22 and for foster care and treatment

1foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b)
2may be made from this appropriation. Refunds received relating to payments made
3under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated
4under this paragraph shall be returned to this appropriation. Notwithstanding ss.
520.001 (3) (a) and 20.002 (1), the department of health and social services may
6transfer funds between fiscal years under this paragraph. The department shall
7deposit into this appropriation funds it recovers under ss. 46.495 (2) (b) and 51.423
8(15) from prior year audit adjustments including those resulting from audits of
9services under s. 46.26, 1993 stats., or s. 46.27. Except for amounts authorized to be
10carried forward under s. 46.45, all funds recovered under ss. 46.495 (2) (b) and 51.423
11(15) and all funds allocated under s. 46.40 and not spent or encumbered by December
1231 of each year shall lapse to the general fund on the succeeding January 1 unless
13carried forward to the next calendar year by the joint committee on finance.
AB130-SSA1, s. 10 14Section 10. 38.24 (1s) of the statutes is amended to read:
AB130-SSA1,10,2015 38.24 (1s) Additional fees. A district board may establish and charge a fee in
16addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse
17education program offered to individuals under s. 48.245 (2) (a) 4., 48.32 (1g) (b),
1848.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245
19(2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g)
20(a)
.
AB130-SSA1, s. 11 21Section 11. 46.03 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
22is amended to read:
AB130-SSA1,11,523 46.03 (7) (a) Promote the enforcement of laws for the protection of
24developmentally disabled children, children in need of protection or services and
25nonmarital children; and to this end cooperate with courts assigned to exercise

1jurisdiction under ch. chs. 48 and 938 and licensed child welfare agencies and
2institutions (public and private) and take the initiative in all matters involving the
3interests of such children where adequate provision therefor has not already been
4made, including the establishment and enforcement of standards for services
5provided under s. 48.345.
AB130-SSA1, s. 12 6Section 12. 46.041 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
7is amended to read:
AB130-SSA1,11,148 46.041 (1) (a) Provide for the temporary residence and evaluation of children
9referred from courts assigned to exercise jurisdiction under ch. chs. 48 and 938, the
10institutions and services under the jurisdiction of the department, University of
11Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
1246.22 or 46.23, private child welfare agencies, schools for the deaf and visually
13handicapped, and mental health facilities within the state at the discretion of the
14superintendent.
AB130-SSA1, s. 13 15Section 13. 46.043 of the statutes, as affected by 1995 Wisconsin Act 27,
16section 2052r, is amended to read:
AB130-SSA1,12,2 1746.043 Secured adolescent treatment unit. The department shall provide
18a secured adolescent treatment unit at the Mendota Mental Health Institute. The
19department may designate not more than 43 beds at the secured adolescent
20treatment unit as secured correctional facility, as defined in s. 48.02 938.02 (15m),
21beds. From the appropriation under s. 20.410 (3) (hm), the department of corrections
22may expend not more than $2,500,000 in fiscal year 1996-97 for services for children
23placed in that secured adolescent treatment unit. The department of health and
24social services may charge the department of corrections not more than the actual

1cost of providing services for children under the supervision of the department of
2corrections who are provided services at the secured adolescent treatment unit.
AB130-SSA1, s. 14 3Section 14. 46.10 (1) of the statutes is amended to read:
AB130-SSA1,12,84 46.10 (1) Liability and the collection and enforcement of such liability for the
5care, maintenance, services and supplies specified in this section is governed
6exclusively by this section, except in cases of child support ordered by a court under
7s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357
8(5m) or 938.363 (2)
or ch. 767.
AB130-SSA1, s. 15 9Section 15. 46.10 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
10section 2055, is amended to read:
AB130-SSA1,13,1411 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
12including but not limited to a person admitted, committed or placed under s. 975.01,
131977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4h) or
14(4m), 48.357 (4) and (5) (e),
48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
1551.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357
16(4) and (5) (e),
971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care,
17maintenance, services and supplies provided by any institution in this state
18including University of Wisconsin Hospitals and Clinics, in which the state is
19chargeable with all or part of the person's care, maintenance, services and supplies,
20any person receiving care and services from a county department established under
21s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person
22receiving treatment and services from a public or private agency under s. 971.17 (3)
23(d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate,
24including the homestead, and the spouse of the person, and the spouse's property and
25estate, including the homestead, and, in the case of a minor child, the parents of the

1person, and their property and estates, including their homestead, and, in the case
2of a foreign child described in s. 48.839 (1) who became dependent on public funds
3for his or her primary support before an order granting his or her adoption, the
4resident of this state appointed guardian of the child by a foreign court who brought
5the child into this state for the purpose of adoption, and his or her property and
6estate, including his or her homestead, shall be liable for the cost of the care,
7maintenance, services and supplies in accordance with the fee schedule established
8by the department under s. 46.03 (18). If a spouse, widow or minor, or an
9incapacitated person may be lawfully dependent upon the property for their support,
10the court shall release all or such part of the property and estate from the charges
11that may be necessary to provide for those persons. The department shall make
12every reasonable effort to notify the liable persons as soon as possible after the
13beginning of the maintenance, but the notice or the receipt thereof is not a condition
14of liability.
AB130-SSA1, s. 16 15Section 16. 46.10 (14) (b) of the statutes is amended to read:
AB130-SSA1,13,2416 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
17of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
18parent's minor child who has been placed by a court order under s. 48.355 or, 48.357,
19938.183 (2), 938.355 or 938.357
in a residential, nonmedical facility such as a group
20home, foster home, treatment foster home, child caring institution or juvenile
21correctional institution shall be determined by the court by using the percentage
22standard established by the department under s. 46.25 (9) (a) and by applying the
23percentage standard in the manner established by the department under s. 46.25 (9)
24(b).
AB130-SSA1, s. 17
1Section 17. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act
2481
, is amended to read:
AB130-SSA1,14,103 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363
4(2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined
5under this subsection constitutes an assignment of all commissions, earnings,
6salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due
7or to be due in the future to the county department under s. 46.215, 46.22 or 46.23
8in the county where the order was entered or to the department, depending upon the
9placement of the child as specified by rules promulgated under subd. 5. The
10assignment shall be for an amount sufficient to ensure payment under the order.
AB130-SSA1, s. 18 11Section 18. 46.206 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27,
12is amended to read:
AB130-SSA1,14,1813 46.206 (1) (b) All records of the department and all county records relating to
14social services shall be open to inspection at all reasonable hours by authorized
15representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and
16938.396 (2)
, all county records relating to the administration of such services and
17public assistance shall be open to inspection at all reasonable hours by authorized
18representatives of the department.
AB130-SSA1, s. 19 19Section 19. 46.21 (2) (a) of the statutes is amended to read:
AB130-SSA1,15,420 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance
21and improvement of the county hospital; the detention center; the probation section
22of the children's court center; the provision and maintenance of the physical facilities
23for the children's court and its intake section under the supervision and operation
24of the judges assigned to exercise jurisdiction under ch. chs. 48 and 938 and as
25provided in s. ss. 48.06 (1) and 938.06 (1); the mental health complex; the county

1department of human services; the central service departments; and all buildings
2and land used in connection with any institution under this section. The powers and
3duties of the county board of supervisors are policy forming only, and not
4administrative or executive.
AB130-SSA1, s. 20 5Section 20. 46.215 (1) (h) of the statutes is amended to read:
AB130-SSA1,15,96 46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57
7and juvenile welfare services under s. 938.57, to accept custody and guardianship of
8children upon the order of a competent court and to place children for adoption and
9to make recommendations relating to the adoption of children under s. 48.85.
AB130-SSA1, s. 21 10Section 21. 46.22 (1) (c) 1. b. of the statutes is amended to read:
AB130-SSA1,15,1411 46.22 (1) (c) 1. b. 'State institutions'. Mendota mental health institute,
12Winnebago mental health institute, university of Wisconsin hospital and clinics,
13centers for the developmentally disabled and Type 1 secured correctional facilities,
14as defined in s. 48.02 (15m) (19).
AB130-SSA1, s. 22 15Section 22. 46.22 (1) (c) 1. b. of the statutes, as affected by 1995 Wisconsin Acts
1627 and .... (this act), is repealed and recreated to read:
AB130-SSA1,15,1917 46.22 (1) (c) 1. b. 'State institutions'. Mendota mental health institute,
18Winnebago mental health institute, centers for the developmentally disabled and
19Type 1 secured correctional facilities, as defined in s. 938.02 (19).
AB130-SSA1, s. 23 20Section 23. 46.22 (1) (c) 1. c. of the statutes, as created by 1995 Wisconsin Act
2127
, is amended to read:
AB130-SSA1,15,2322 46.22 (1) (c) 1. c. 'Other institution'. University of Wisconsin Hospitals and
23Clinics and secured child caring institutions, as defined in s. 938.02 (15g).
AB130-SSA1, s. 24 24Section 24. 46.22 (1) (c) 5. of the statutes is amended to read:
AB130-SSA1,16,3
146.22 (1) (c) 5. Perform the duties and functions prescribed in s. ss. 48.08 and
2938.08
when requested to do so by the judge assigned to exercise jurisdiction under
3ch. chs. 48 and 938.
AB130-SSA1, s. 25 4Section 25. 46.22 (1) (c) 8. c. of the statutes is amended to read:
AB130-SSA1,16,95 46.22 (1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction
6under ch. chs. 48 and 938, the county department of social services shall investigate
7the home environment and other factors in the life of any child brought to the
8attention of the court for alleged dependency, neglect, or delinquency, and to assume
9guidance and supervision of any child placed on probation by that court.
AB130-SSA1, s. 26 10Section 26. 46.22 (1) (c) 8. e. of the statutes is amended to read:
AB130-SSA1,16,1211 46.22 (1) (c) 8. e. The county department of social services shall have the powers
12and duties specified in s. ss. 48.57 and 938.57.
AB130-SSA1, s. 27 13Section 27. 46.25 (9) (b) of the statutes is amended to read:
AB130-SSA1,16,2014 46.25 (9) (b) For purposes of determining child support under s. 46.10 (14) (b),
15the department shall promulgate separate rules related to the application of the
16standard under par. (a) to a child support obligation for the care and maintenance
17of a child who is placed by a court order under s. 48.355 or, 48.357, 938.183 (2),
18938.355 or 938.357
in a residential, nonmedical facility. The rules shall take into
19account the needs of any person, including dependent children other than the child,
20whom either parent is legally obligated to support.
AB130-SSA1, s. 28 21Section 28. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin Act
2227
, section 2181m, is amended to read:
AB130-SSA1,17,623 46.26 (4) (d) 3. Beginning January 1, 1996, and ending June 30, 1996, the per
24person daily cost assessment to counties shall be $120.73 for care in a juvenile
25correctional institution
Type 1 secured correctional facility, as defined in s. 48.02

1(19)
, $120.73 for care for children transferred from a juvenile correctional institution
2under s. 51.35 (3), the dollar amount set by the department of corrections by rule for
3maintaining a prisoner in an adult correctional institution, $153.87 for care in a child
4caring institution, $106.69 for care in a group home for children, $23.80 for care in
5a foster home, $68.58 for care in a treatment foster home, $86.51 for departmental
6corrective sanctions services and $12.20 for departmental aftercare services.
AB130-SSA1, s. 29 7Section 29. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin Acts
827 and .... (this act), is repealed.
AB130-SSA1, s. 30 9Section 30. 46.275 (4) (b) 1. of the statutes is amended to read:
AB130-SSA1,17,1510 46.275 (4) (b) 1. Consent for participation is given either by the person's parent,
11guardian or legal custodian, if the person is under age 18, or by the person or the
12person's guardian, if the person is age 18 or over, except that this subdivision does
13not limit the authority of the circuit court to enter, change, revise or extend a
14dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a
15placement under s. 55.06.
AB130-SSA1, s. 31 16Section 31. 46.28 (1) (am) 1. of the statutes is amended to read:
AB130-SSA1,17,1817 46.28 (1) (am) 1. A child adjudged delinquent for whom a case disposition is
18made under s. 48.34 938.34.
AB130-SSA1, s. 32 19Section 32. 46.28 (1) (am) 2. of the statutes is amended to read:
AB130-SSA1,17,2120 46.28 (1) (am) 2. A child found in need of protection or services for whom an
21order is made under s. 48.345 or 938.345.
AB130-SSA1, s. 33 22Section 33. 46.56 (3) (a) 5. of the statutes is amended to read:
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