LRBs0604/2
JEO&GMM:skg:ch
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 563
March 19, 1996 - Offered by
Joint committee on Finance.
SB563-SSA1,1,13
1An Act to amend 20.410 (3) (hm), 20.410 (3) (ho), 20.866 (2) (v), 301.18 (1m),
2301.26 (4) (b), 301.26 (4) (d) 3m., 301.26 (4) (d) 4. and 303.21 (1) (b);
to create
3303.063 of the statutes; and
to affect 1995 Wisconsin Act .... (Assembly Bill
4808), section 3 (1);
relating to: the purchase of goods, care and services for
5certain probationers, parolees and other offenders; authorizing the department
6of corrections to establish a secure work program; the general program
7operations of the department of corrections; intergovernmental corrections
8agreements; the establishment and operation of state prison industries; youth
9service rates; funding additional expansion of the Wisconsin Resource Center
10under the state building program; the limitation on bed capacity of the
11Wisconsin Resource Center; transferring moneys from the general fund to the
12property tax relief fund; granting bonding authority; granting rule-making
13authority; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB563-SSA1,2,203
20.410
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
4and (hr), the amounts in the schedule for juvenile correctional services specified in
5s. 301.26 (4) (c) and (d). All moneys received from the sale of surplus property,
6including vehicles, from juvenile correctional institutions, all moneys received as
7payments in restitution of property damaged at juvenile correctional institutions, all
8moneys received from miscellaneous services provided at a juvenile correctional
9institution, all moneys transferred under s. 301.26 (4) (cm) and, except as provided
10in par. (hr), all moneys received in payment for juvenile correctional services
11specified in s. 301.26 (4) (d) shall be credited to this appropriation
account. If moneys
12generated by the monthly rate exceed actual fiscal year institutional costs by 2% or
13more, all moneys in excess of 2% shall be remitted to the counties during the
14subsequent calendar year
or transferred to the appropriation account under par. (kx)
15during the subsequent fiscal year. Each county
and the department shall receive a
16proportionate share of the remittance
and transfer depending on the total number
17of days of placement at juvenile correctional institutions. Counties shall use the
18funds for purposes specified in s. 301.26.
The department shall deposit in the general
19fund the amounts transferred under this paragraph to the appropriation account
20under par. (kx).
SB563-SSA1,3,1423
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. 49.19 (10) (d), 938.48 (4) and (14) and 938.52.
1All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment
2for providing foster care, treatment foster care, group home care and institutional
3child care to delinquent children under ss. 49.19 (10) (d), 938.48 (4) and (14) and
4938.52 as specified in s. 301.26 (4) (e) shall be credited to this appropriation
account.
5If moneys generated by the monthly rate exceed actual fiscal year foster care,
6treatment foster care, group home care and institutional child care costs by 2% or
7more, all moneys in excess of 2% shall be remitted to the counties during the
8subsequent calendar year
or transferred to the appropriation account under par. (kx)
9during the subsequent fiscal year. Each county
and the department shall receive a
10proportionate share of the remittance
and transfer depending on the total number
11of days of placement in foster care, treatment foster care, group home care or
12institutional child care.
Counties shall use the funds for purposes specified in s.
13301.26. The department shall deposit in the general fund the amounts transferred
14under this paragraph to the appropriation account under par. (kx).
SB563-SSA1,3,2117
20.866
(2) (v)
Health and social services; mental health facilities. From the
18capital improvement fund, a sum sufficient for the department of health and social
19services to acquire, construct, develop, enlarge or extend mental health facilities.
20The state may contract public debt in an amount not to exceed
$71,800,500 21$78,200,500 for this purpose.
SB563-SSA1,3,2523
301.18
(1m) The department of health and social services shall provide the
24facilities necessary to operate the Wisconsin resource center with
160 460 beds. The
25facilities may be used for persons transferred under ch. 302.
SB563-SSA1,4,173
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
4the basis of the per person per day cost estimate specified in par. (d)
2. to 3m. and 4.
5Except as provided in pars. (bm), (c) and (cm), liability shall apply to county
6departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising
7jurisdiction under chs. 48 and 938 for each person receiving services from the
8department of corrections under s. 48.366, 938.183 (2) or 938.34 or the department
9of health and social services under s. 51.35 (3). Except as provided in pars. (bm), (c)
10and (cm), in multicounty court jurisdictions, the county of residency within the
11jurisdiction shall be liable for costs under this subsection. Assessment of costs under
12par. (a) shall also be made according to the general placement type or level of care
13provided, as defined by the department, and prorated according to the ratio of the
14amount designated under sub. (3) (c) to the total applicable estimated costs of care,
15services and supplies provided by the department of corrections under ss. 48.366,
16938.183 (2) and 938.34 and the department of health and social services under s.
1751.35 (3).
SB563-SSA1,5,220
301.26
(4) (d) 3m. Beginning on July 1, 1996, and ending on December 31, 1996,
21the per person daily cost assessment to counties shall be
$133.82 for care in a Type
221 secured correctional facility, as defined in s. 938.02 (19), $133.82 for care for
23children transferred from a juvenile correctional institution under s. 51.35 (3), 24$153.98 for care in a child caring institution
, including a secured child caring
25institution, $106.82 for care in a group home for children, $23.80 for care in a foster
1home, $68.58 for care in a treatment foster home, $82.11 for departmental corrective
2sanctions services and
$11.48 $14.95 for departmental aftercare services.
SB563-SSA1,5,125
301.26
(4) (d) 4. Beginning on January 1, 1997, and ending on June 30, 1997,
6the per person daily cost assessment to counties shall be
$133.82 for care in a Type
71 secured correctional facility, as defined in s. 938.02 (19), $133.82 for care for
8children transferred from a juvenile correctional institution under s. 51.35 (3), 9$157.08 for care in a child caring institution
, including a secured child caring
10institution, $108.98 for care in a group home for children, $24.29 for care in a foster
11home, $69.95 for care in a treatment foster home, $82.11 for departmental corrective
12sanctions services and
$11.48 $14.95 for departmental aftercare services.
SB563-SSA1,5,16
14303.063 Secure work program. (1) The department may establish a secure
15work program for inmates in which inmates are assigned to work away from the
16grounds of the institution while appropriately restrained for security purposes.
SB563-SSA1,5,19
17(2) If the department establishes a secure work program under sub. (1), the
18department shall, before implementing the program, promulgate rules specifying
19the procedures and regulations relating to the program.
SB563-SSA1,6,522
303.21
(1) (b) Inmates are included under par. (a) if they are participating in
23a structured work program away from the institution grounds under s. 302.15
or a
24secure work program under s. 303.063. Inmates are not included under par. (a) if
25they are employed in a prison industry under s. 303.06 (2), participating in a work
1release program under s. 303.065 (2), participating in employment with a private
2business under s. 303.01 (2) (em) or participating in the transitional employment
3program, but they are eligible for worker's compensation benefits under ch. 102.
4Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are
5eligible for worker's compensation benefits under ch. 102.
SB563-SSA1, s. 10
6Section
10. 1995 Wisconsin Act .... (Assembly Bill 808), section 3 (1) is
7amended to read:
SB563-SSA1,6,108
[1995 Wisconsin Act .... (Assembly Bill 808)] Section 3 (1)
Transfer to property
9tax relief fund. There is transferred on June 30, 1997, from the general fund to the
10property tax relief fund
$160,000,000 $170,635,900.
SB563-SSA1,6,1612
(1) 1995-97
State building program; increase in Wisconsin Resource Center
13expansion project borrowing authority. In
1995 Wisconsin Act 27, section
9108 (1)
14(d) 1., under projects financed by general fund supported borrowing, the amount
15authorized for the Wisconsin Resource Center expansion is increased from
16$12,100,000 to $18,500,000 and the appropriate totals are increased accordingly.
SB563-SSA1,6,2318
(1)
Specialized training and employment program for inmates. The
19authorized FTE positions for the department of corrections are increased by 2.0 GPR
20project positions to perform services related to the specialized training and
21employment program for inmates for the period beginning on July 1, 1996, and
22ending on June 30, 1998, to be funded from the appropriation under section 20.410
23(1) (a) of the statutes.
SB563-SSA1,7,424
(2)
Community, youth and family aids. Notwithstanding section 16.42 (1) (e)
25of the statutes, in submitting information under section 16.42 of the statutes for the
1purposes of the 1997-99 biennial budget bill, the department of corrections shall
2submit information concerning the appropriation under section 20.410 (3) (cd) of the
3statutes as though the increase in the dollar amount of that appropriation by
Section 49212 (9) of this act had not been made.
SB563-SSA1,7,136
(1)
Supplemental funding for intergovernmental corrections agreements.
7Of the moneys appropriated to the joint committee on finance under section 20.865
8(4) (a) of the statutes for the 1996-97 fiscal year, $2,073,800 is allocated to the
9department of corrections for the purpose of funding new contracts between the
10department of corrections and county jails or contracts between the department of
11corrections and other states. Notwithstanding section 13.101 (3) (a) 1. of the
12statutes, no finding of an emergency is required for the joint committee on finance
13to use the moneys allocated under this subsection.
SB563-SSA1,7,2114
(2)
Supplemental funding for intensive sanctions program. Of the moneys
15appropriated to the joint committee on finance under section 20.865 (4) (a) of the
16statutes for the 1996-97 fiscal year, $937,900 is allocated to the department of
17corrections for the purpose of supporting the intensive sanctions program if the
18number of intensive sanctions program participants in the community rises above
192,220. Notwithstanding section 13.101 (3) (a) 1. of the statutes, no finding of an
20emergency is required for the joint committee on finance to use the moneys allocated
21under this subsection.
SB563-SSA1,8,223
(1)
Reconciliation; transfer to property tax relief fund. If 1995 Wisconsin
24Act .... (Assembly Bill 808) is not enacted into law, the treatment of 1995 Wisconsin
1Act .... (Assembly Bill 808), section 3 (1) by this act and
Section 9459 (1) of this act
2are void.
SB563-SSA1,8,94
(1)
General program operations. In the schedule under section 20.005 (3) of
5the statutes for the appropriation to the department of corrections under section
620.410 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is
7increased by $837,000 for fiscal year 1995-96 and the dollar amount is increased by
8$2,337,600 for fiscal year 1996-97 to increase funding for the purpose for which the
9appropriation is made.
SB563-SSA1,8,1410
(2)
General program operations; project positions. In the schedule under
11section 20.005 (3) of the statutes for the appropriation to the department of
12corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995,
13the dollar amount is increased by $112,000 for fiscal year 1996-97 to fund 2.0 FTE
14GPR project positions authorized under
Section 9112 (1) of this act.
SB563-SSA1,8,2015
(3)
General program operations; position decrease. In the schedule under
16section 20.005 (3) of the statutes for the appropriation to the department of
17corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995,
18the dollar amount is decreased by $592,600 for fiscal year 1996-97 to decrease
19funding for the purpose for which the appropriation is made and to decrease the
20authorized FTE positions for the department by 15.03 GPR positions.
SB563-SSA1,9,221
(4)
Intergovernmental corrections agreements. In the schedule under
22section 20.005 (3) of the statutes for the appropriation to the department of
23corrections under section 20.410 (1) (ab) of the statutes, as affected by the acts of
241995, the dollar amount is increased by $1,357,800 for fiscal year 1995-96 and the
1dollar amount is increased by $752,900 for fiscal year 1996-97 to increase funding
2for the purpose for which the appropriation is made.
SB563-SSA1,9,103
(5)
Intensive sanctions. In the schedule under section 20.005 (3) of the
4statutes for the appropriation to the department of corrections under section 20.410
5(1) (ai) of the statutes, as affected by the acts of 1995, the dollar amount is decreased
6by $523,900 for fiscal year 1995-96 and the dollar amount is decreased by $913,900
7for fiscal year 1996-97 to decrease funding for the purpose for which the
8appropriation is made and to decrease, on July 1, 1996, the authorized FTE positions
9for the department by 12.5 GPR positions for the performance of services relating to
10intensive sanctions.
SB563-SSA1,9,1611
(6)
Purchased goods, care and services for offenders. In the schedule under
12section 20.005 (3) of the statutes for the appropriation to the department of
13corrections under section 20.410 (1) (d) of the statutes, as affected by the acts of 1995,
14the dollar amount is increased by $15,300 for fiscal year 1995-96 and the dollar
15amount is increased by $59,600 for fiscal year 1996-97 to increase funding for the
16purpose for which the appropriation is made.
SB563-SSA1,9,2117
(7)
Special living arrangements. In the schedule under section 20.005 (3) of
18the statutes for the appropriation to the department of corrections under section
1920.410 (1) (dd) of the statutes, as affected by the acts of 1995, the dollar amount is
20decreased by $22,200 for fiscal year 1996-97 to decrease funding for the purpose for
21which the appropriation is made.
SB563-SSA1,9,2522
(8)
Secure work program. In the schedule under section 20.005 (3) of the
23statutes for the appropriation to the department of corrections under section 20.410
24(1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased
25by $183,800 for fiscal year 1996-97 to increase the authorized FTE positions for the
1department by 4.0 GPR positions for the performance of duties relating to a secure
2work program for inmates.
SB563-SSA1,10,83
(9)
Community, youth and family aids. In the schedule under section 20.005
4(3) of the statutes for the appropriation to the department of corrections under
5section 20.410 (3) (cd) of the statutes, as affected by the acts of 1995, the dollar
6amount is increased by $1,500,000 for fiscal year 1996-97 to increase funding for
7distribution to counties for the cost of care and services specified in section 301.26
8(4) (d) 3m. and 4. of the statutes, as affected by this act.
SB563-SSA1,10,139
(10)
Serious Juvenile offenders. In the schedule under section 20.005 (3) of
10the statutes for the appropriation to the department of corrections under section
1120.410 (3) (cg) of the statutes, as affected by the acts of 1995, the dollar amount is
12decreased by $11,130,300 for fiscal year 1996-97 to decrease funding for the
13purposes for which the appropriation is made.
SB563-SSA1,10,1914
(11)
Juvenile correctional services. In the schedule under section 20.005 (3)
15of the statutes for the appropriation to the department of corrections under section
1620.410 (3) (hm) of the statutes, as affected by the acts of 1995, the dollar amount is
17decreased by $5,961,700 for fiscal year 1996-97 to decrease the authorized FTE
18positions for the department by 90.68 PR positions on July 1, 1996, for the
19performance of services for which the appropriation is made.
SB563-SSA1,10,2420
(12)
Juvenile alternate care. In the schedule under section 20.005 (3) of the
21statutes for the appropriation to the department of corrections under section 20.410
22(3) (ho) of the statutes, as affected by the acts of 1995, the dollar amount is increased
23by $1,954,300 for fiscal year 1996-97 to increase funding for the purposes for which
24the appropriation is made.
SB563-SSA1,11,4
1(1)
Funds for intergovernmental corrections agreements. In the schedule
2under section 20.005 (3) of the statutes for the appropriation to the joint committee
3on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 1995,
4the dollar amount is increased by $2,073,800 for fiscal year 1996-97.
SB563-SSA1,11,85
(2)
Funds for intensive sanctions program. In the schedule under section
620.005 (3) of the statutes for the appropriation to the joint committee on finance
7under section 20.865 (4) (a) of the statutes, as affected by the acts of 1995, the dollar
8amount is increased by $937,900 for fiscal year 1996-97.