AB150,856,72
46.26
(3) (dm) The department of health and social services may carry forward
3for a county from one calendar year to another funds allocated under this subsection
4that are not spent or encumbered. The amount that the department may carry
5forward for a county under this paragraph may not exceed
3% 5% of the amount
6allocated to the county for the 12-month period ending December 31. The funds
7carried forward under this paragraph do not affect a county's base allocation.
AB150, s. 2169
8Section
2169. 46.26 (3) (em) of the statutes is created to read:
AB150,856,159
46.26
(3) (em) The department of health and social services may carry forward
10any emergency funds allocated under sub. (7) (e) and not encumbered or carried
11forward under par. (dm) by December 31 to the next 2 calendar years. The
12department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this
13purpose. The department may allocate these transferred moneys to counties that are
14eligible for emergency payments under sub. (7) (e). The allocation does not affect a
15county's base allocation.
AB150, s. 2170
16Section
2170. 46.26 (3) (f) of the statutes is repealed.
AB150,857,619
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
20and social services shall bill counties or deduct from the allocations under s. 20.435
21(3) (cd) for the costs of care, services and supplies purchased or provided by the
22department of health and social services for each person receiving services under ss.
2348.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
24services under s. 48.366. The department of health and social services may not bill
25a county for or deduct from a county's allocation the cost of care, services and supplies
1provided to a person subject to an order under s. 48.366 after the person reaches
19 218 years of age or provided to a person subject to an order under s. 48.34 (4g).
3Payment shall be due within 60 days of the billing date. If any payment has not been
4received within 60 days, the department of health and social services may withhold
5aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or
6(7) (b).
AB150,857,209
46.26
(4) (a) Except as provided in par. (c), the department of health and social
10services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for
11the costs of care, services and supplies purchased or provided by the department of
12health and social services for each person receiving services under ss. 48.34, 48.366
13and 51.35 (3) or the department of corrections for each person receiving services
14under s. 48.366. The department of health and social services may not bill a county
15for or deduct from a county's allocation the cost of care, services and supplies
16provided to a person subject to an order under s. 48.366 after the person reaches 18
17years of age or provided to a person subject to an order under s. 48.34 (4g). Payment
18shall be due within 60 days of the billing date. If any payment has not been received
19within 60 days, the department of health and social services may withhold aid
20payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
****Note: This is reconciled s. 46.26 (4) (a). This Section has been affected by drafts with the
following LRB numbers: -2478/2 and -2480/3.
AB150,858,15
146.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
2the basis of
a the per person per day cost estimate
adjusted at least annually by the
3department specified in par. (d) 2. to 4. Except as provided in pars. (bm), (c)
, (cm) and
4(dr), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the
5county of the court exercising jurisdiction under ch. 48 for each person receiving
6services from the department of health and social services under ss. 48.34, 48.366
7and 51.35 (3) or the department of corrections under s. 48.366. Except as provided
8in pars. (bm), (c)
, (cm) and (dr), in multicounty court jurisdictions, the county of
9residency within the jurisdiction shall be liable for costs under this subsection.
10Assessment of costs under par. (a) shall also be made according to the general
11placement type or level of care provided, as defined by the department, and prorated
12according to the ratio of the amount designated under sub. (3) (c)
and (d) to the total
13applicable estimated costs of care, services and supplies provided by the department
14of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department
15of corrections under ss. 48.34 (4g) and 48.366.
****Note: This is reconciled s. 46.26 (4) (b). This Section has been affected by drafts with the
following LRB numbers: 2480/3 and 2772/3.
AB150, s. 2174
16Section
2174. 46.26 (4) (b) 2. of the statutes is repealed.
AB150, s. 2175
17Section
2175. 46.26 (4) (bm) of the statutes is amended to read:
AB150,859,218
46.26
(4) (bm) Notwithstanding par. (b)
1., the county department under s.
1946.21, 46.22 or 46.23 of the county of residency of a child who has been adjudicated
20delinquent by a court of another county or by a court of another multicounty
21jurisdiction may voluntarily assume liability for the costs payable under par. (a). A
22county department may assume liability under this paragraph by a written
23agreement signed by the director of the county department that assumes liability
1under this paragraph and the director of the county department that is otherwise
2liable under par. (b)
1.
AB150,859,105
46.26
(4) (c) Notwithstanding pars. (a), (b)
1. and (bm), but subject to par. (dr),
6the department of health and social services shall pay, from the appropriation under
7s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
8receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
9guardianship of the department pursuant to an order under ch. 48 at the time that
10the person was adjudicated delinquent.
AB150, s. 2177
11Section
2177. 46.26 (4) (cm) of the statutes is repealed.
****Note: This is reconciled s. 46.26 (4) (cm). This Section has been affected by drafts with
the following LRB numbers: -2480/3 and -2772/3
AB150, s. 2178
12Section
2178. 46.26 (4) (d) 1. of the statutes is amended to read:
AB150,859,1813
46.26
(4) (d) 1. Except as provided in pars.
(e) (dr) to (g), for services under s.
1448.34, all payments and deductions made under this subsection and uniform fee
15collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
1620.435 (3) (hm).
As adjustments in the assessments under this subsection are made,
17there shall be a proportionate adjustment in the allocations to counties under sub.
18(3) (d).
****Note: This is reconciled s. 46.26 (4) (d). This Section has been affected by drafts with the
following LRB numbers: 2481/3 and 2772/3.
AB150, s. 2179
19Section
2179. 46.26 (4) (d) 1m. of the statutes is amended to read:
AB150,860,420
46.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under s.
2148.366, all payments and deductions made under this subsection and uniform fee
22collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
120.435 (3) (hm) for services provided by the department of health and social services
2or s. 20.410 (1) (hx) for services provided by the department of corrections.
As
3adjustments in the assessments under this subsection are made, there shall be a
4proportionate adjustment in the allocations to counties under sub. (3) (d).
AB150, s. 2180
5Section
2180. 46.26 (4) (d) 2. of the statutes is amended to read:
AB150,860,156
46.26
(4) (d) 2. Beginning July 1,
1993 1995, and ending December 31,
1993 71995, the per person daily cost assessment to counties shall be
$101.55 $127.98 for
8care in a juvenile correctional institution
, $101.55
operated by the department,
9$127.98 for care for children transferred from a juvenile correctional institution
10under s. 51.35 (3), the dollar amount set by the department of corrections by rule for
11maintaining a prisoner in an adult correctional institution,
$131.65 $147.84 for care
12in a child caring institution,
$92.03 $102.44 for care in a group home for children,
13$21.02 $22.84 for care in a foster home,
$58.37 $65.94 for care in a treatment foster
14home
, $81.55 for departmental corrective sanctions services and
$11.57 $13 for
15departmental aftercare services.
****Note: This is reconciled s. 46.26 (4) (d) 2. This Section has been affected by drafts with
the following LRB numbers: 2481/3 and 2772/3.
AB150, s. 2181
16Section
2181. 46.26 (4) (d) 3. of the statutes is amended to read:
AB150,861,317
46.26
(4) (d) 3.
In calendar year 1994
Beginning January 1, 1996, and ending
18June 30, 1996, the per person daily cost assessment to counties shall be
$111.73 19$127.98 for care in a juvenile correctional institution
, $111.73 operated by the
20department, $127.98 for care for children transferred from a juvenile correctional
21institution under s. 51.35 (3), the dollar amount set by the department of corrections
22by rule for maintaining a prisoner in an adult correctional institution,
$141.05 23$153.80 for care in a child caring institution,
$98.47 $106.60 for care in a group home
1for children,
$22.49 $23.80 for care in a foster home,
$62.46 $68.58 for care in a
2treatment foster home,
$66.75 $81.55 for departmental corrective sanctions services
3and
$12.96 $13 for departmental aftercare services.
****Note: This is reconciled s. 46.26 (4) (d) 3. This Section has been affected by drafts with
the following LRB numbers: 2481/3 and 2772/3.
AB150, s. 2182
4Section
2182. 46.26 (4) (d) 3m. of the statutes is created to read:
AB150,861,115
46.26
(4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the
6per person daily cost assessment to counties shall be the dollar amount set by the
7department of corrections by rule for maintaining a prisoner in an adult correctional
8institution, $153.87 for care in a child caring institution, $106.69 for care in a group
9home for children, $23.80 for care in a foster home, $68.58 for care in a treatment
10foster home, $82.11 for departmental corrective sanctions services and $13.28 for
11departmental aftercare services.
AB150, s. 2183
12Section
2183. 46.26 (4) (d) 4. of the statutes is amended to read:
AB150,861,2113
46.26
(4) (d) 4. Beginning January 1,
1995 1997, and ending June 30,
1995 141997, the per person daily cost assessment to counties shall be
$115.68 for care in a
15juvenile correctional institution, $115.68 for care for children transferred from a
16juvenile correctional institution under s. 51.35 (3), the dollar amount set by the
17department of corrections by rule for maintaining a prisoner in an adult correctional
18institution,
$146.07 $156.98 for care in a child caring institution,
$101.92 $108.86 19for care in a group home for children,
$23.28 $24.29 for care in a foster home,
$64.65 20$69.95 for care in a treatment foster home,
$66.75 $82.11 for departmental corrective
21sanctions services and
$12.96 $13.29 for departmental aftercare services.
****Note: This is reconciled s. 46.26 (4) (d) 4. This Section has been affected by drafts with
the following LRB numbers: 2481/3 and 2772/3.
AB150, s. 2184
22Section
2184. 46.26 (4) (dm) of the statutes is amended to read:
AB150,862,6
146.26
(4) (dm) The department of
health and social services corrections shall
2promulgate rules to provide rates under par. (d) 2.
, 3. and to 4. for maintaining a
3person in an adult correctional institution. The rate shall not vary according to the
4adult correctional institution where a person is placed. The rate shall reflect the
5average daily cost associated with maintaining prisoners in adult correctional
6institutions.
****Note: This is reconciled s. 46.26 (4) (dm). This Section has been affected by drafts with
the following LRB numbers: 2479/4 and 2772/3.
AB150,862,129
46.26
(4) (dr) For
youthful serious juvenile offender services provided by the
10department of health and social services under s. 48.34 (4g), all payments received
11from the department of corrections under s. 48.537 (6) shall be deposited in the
12appropriation account under s. 20.435 (3) (k).
AB150, s. 2186
13Section
2186. 46.26 (4) (dt) of the statutes is created to read:
AB150,862,1614
46.26
(4) (dt) For serious juvenile offender services provided by the department
15of corrections under s. 48.537 (3) (a) 1., all uniform fee collections under s. 46.03 (18)
16shall be deposited in the appropriation account under s. 20.410 (1) (hm).
****Note: This is reconciled s. 46.26 (4) (dt). This Section has been affected by drafts with
the following LRB numbers: 2479/4 and 2481/3.
AB150, s. 2187
17Section
2187. 46.26 (4) (ed) of the statutes is created to read:
AB150,862,2118
46.26
(4) (ed) For foster care, treatment foster care, group home care and
19institutional child care to serious juvenile offenders under ss. 48.533 (3) and (8),
2048.557 and 49.19 (10) (d) all uniform fee collections under s. 46.03 (18) shall be
21deposited in the appropriation under s. 20.410 (1) (ho).
****Note: This is reconciled s. 46.26 (4) (ed). This Section has been affected by drafts with
the following LRB numbers: 2479/4 and 2481/3.
AB150, s. 2188
1Section
2188. 46.26 (4) (eg) of the statutes is repealed.
AB150, s. 2189
2Section
2189. 46.26 (4) (f) of the statutes is amended to read:
AB150,863,83
46.26
(4) (f) For services under s. 51.35 (3), payments made under
sub. (4) par. 4(d) for services to children who are ineligible for medical assistance under
s. 49.46
5or 49.47 subch. IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be
6deposited in the appropriation under s. 20.435 (2) (gk) and all other payments made
7under this subsection shall be deposited in the general fund and treated as a
8nonappropriated receipt.
AB150, s. 2190
9Section
2190. 46.26 (4) (g) of the statutes is amended to read:
AB150,863,1410
46.26
(4) (g) For juvenile field and institutional aftercare services under ch. 48
11and for the juvenile offender review program
in the division of youth services in the
12department of health and social services, all payments and deductions made under
13this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in
14the general fund and shall be treated as a nonappropriated receipt.
AB150, s. 2191
15Section
2191. 46.26 (7) (intro.) of the statutes is amended to read:
AB150,863,2016
46.26
(7) Allocations of funds. (intro.) Within the limits of the availability
17of federal funds and of the appropriations under s. 20.435 (3) (cd) and (oo), the
18department shall allocate funds for community youth and family aids for the period
19beginning July 1,
1993 1995, and ending June 30,
1995 1997, as provided in this
20subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
AB150, s. 2192
21Section
2192. 46.26 (7) (a) of the statutes is amended to read:
AB150,863,2522
46.26
(7) (a) For community youth and family aids under this section, amounts
23not to exceed
$36,190,500 $38,030,400 for the last 6 months of
1993, $72,381,000 for
241994 and $36,190,500 1995, $38,030,400 for the first 6 months of 1996, $34,467,700
25for the last 6 months of 1996 and $30,572,700 for the first 6 months of
1995 1997.
AB150, s. 2193
1Section
2193. 46.26 (7) (b) 1. of the statutes is amended to read:
AB150,864,42
46.26
(7) (b) 1. For an adjustment to compensate selected counties, amounts
3not to exceed $4,991,100 for the last 6 months of
1993, $5,991,300 for 1994 1995 and
4$1,000,200 for the first 6 months of
1995 1996.
AB150, s. 2194
5Section
2194. 46.26 (7) (b) 2. of the statutes is amended to read:
AB150,864,116
46.26
(7) (b) 2. To determine eligibility for payments under this paragraph for
7fiscal year
1993-94 1995-96, the department shall determine a percentage for each
8county by dividing the combined number of
1990 1992 and
1991 1993 assaultive and
9total Part I juvenile arrests in a county by the population of that county under 18
10years of age. A county having a percentage exceeding 3.5% is eligible to receive these
11payments.
AB150, s. 2195
12Section
2195. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed and recreated to read:
AB150,864,1814
46.26
(7) (b) 2. To determine eligibility for payments under this paragraph for
15fiscal year 1995-96, the department shall determine a percentage for each county by
16dividing the combined number of 1992 and 1993 assaultive and total Part I juvenile
17arrests in a county by the population of that county under 17 years of age. A county
18having a percentage exceeding 3.5% is eligible to receive these payments.
****Note: This is reconciled s. 46.26 (7) (b) 2. This section has been affected by drafts with the
following LRB #'s: -2478/2 and -2772/3.
AB150, s. 2196
19Section
2196. 46.26 (7) (b) 3. of the statutes is repealed.
****Note: This is reconciled s. 46.26 (7) (b) 3. This Section has been affected by drafts with
the following LRB numbers: 2478/2 and 2772/3.
AB150, s. 2197
20Section
2197. 46.26 (7) (bn) of the statutes is amended to read:
AB150,865,3
146.26
(7) (bn) For counties not eligible for payments under par. (b), amounts
2not to exceed $100,000 for the last 6 months of
1993, $200,000 for 1994 1995 and
3$100,000 for the first 6 months of
1995 1996.
AB150, s. 2198
4Section
2198. 46.26 (7) (e) of the statutes is amended to read:
AB150,865,95
46.26
(7) (e) For emergencies related to community youth and family aids
6under this section, amounts not to exceed $125,000 for the last 6 months of
1993 71995, $250,000 for
1994 1996 and $125,000 for the first 6 months of
1995
1997. A
8county is eligible for payments under this paragraph only if it has a population of not
9more than 45,000.
AB150, s. 2199
10Section
2199. 46.26 (7) (f) of the statutes is amended to read:
AB150,865,1511
46.26
(7) (f) For adjustments to have allocations to compensate for increases
12in per person daily cost assessments, amounts not to exceed
$216,400 $2,184,600 for
13the last 6 months of
1993, $1,552,200 for 1994 and $1,469,300 1995 and $2,353,700 14for the first 6 months of
1995 1996. The department shall allocate funds under this
15paragraph in accordance with the requirements of sub. (3) (d).
AB150, s. 2200
16Section
2200. 46.26 (7) (f) of the statutes, as affected by 1995 Wisconsin Act
17.... (this act), is repealed.
AB150, s. 2201
18Section
2201. 46.26 (7) (g) of the statutes is repealed.
AB150, s. 2202
19Section
2202. 46.26 (7) (h) of the statutes is repealed.
AB150, s. 2203
20Section
2203. 46.26 (8) (a) of the statutes is amended to read:
AB150,865,2421
46.26
(8) (a) From the amount of the allocations specified in sub. (7) (a), the
22department shall allocate $666,700 in the last 6 months of
1993 1995, $1,333,400 in
231994 1996 and $666,700 in the first 6 months of
1995 1997 for alcohol and other drug
24abuse treatment programs.
AB150, s. 2204
25Section
2204. 46.26 (8) (b) of the statutes is amended to read:
AB150,866,4
146.26
(8) (b) From the amount of the allocations specified in sub. (7) (b) 1., the
2department shall allocate $333,300 in the last 6 months of
1993, $666,600 in 1994 31995 and $333,300 in the first 6 months of
1995 1996 for alcohol and other drug abuse
4treatment programs.
AB150, s. 2206
6Section
2206. 46.263 (1) of the statutes is amended to read:
AB150,866,107
46.263
(1) From the appropriation under s. 20.435 (3) (f), the department shall
8distribute $2,500,000 in
the first 6 months of 1995
each year to counties for early
9intervention services for first offenders and for intensive community-based
10intervention services for seriously chronic offenders.
AB150, s. 2207
11Section
2207. 46.263 (2) of the statutes is amended to read:
AB150,866,1812
46.263
(2) To determine eligibility for a payment under sub. (1), the department
13shall require a county to submit a plan for the expenditure of that payment that
14ensures that the county targets the programs to be funded under that payment
15appropriately
and that ensures that the county maintains or increases its aggregate
16expenditures from sources other than that payment for juvenile delinquency-related
17services at or above the average level of those expenditures in the 2 years preceding
18the year in which the payment is made under sub. (1).
AB150, s. 2208
19Section
2208. 46.263 (3) of the statutes is amended to read:
AB150,867,920
46.263
(3) The department shall distribute 33% of the amounts distributed
21under sub. (1) based on each county's proportion of the
number of children who are
22taken into custody statewide for alleged violations that are punishable as a Class A
23or a Class B felony if committed by an adult violent Part I juvenile offenses reported
24statewide under the uniform crime reporting system of the office of justice assistance
25in the department of administration, during the most recent 2-year period for which
1that information is available. The department shall distribute 33% of the amounts
2distributed under sub. (1) based on each county's proportion of the number of
3children statewide who are placed in a juvenile correctional institution, during the
4most recent 2-year period for which that information is available. The department
5shall distribute 34% of the amounts distributed under sub. (1) based on each county's
6proportion of the
number of total Part I juvenile offenses reported statewide under
7the uniform crime reporting system of the
Wisconsin department office of justice
8assistance, during the most recent 2-year period for which that information is
9available.
AB150, s. 2209
10Section
2209. 46.265 (2) of the statutes is repealed.
AB150, s. 2210
11Section
2210. 46.27 (2) (d) of the statutes is amended to read:
AB150,867,1812
46.27
(2) (d) In consultation with representatives of counties, hospitals and
13nursing homes and with recipients of long-term community support services,
14develop guidelines for implementing the program and criteria for reviewing
15community options plans from counties participating in the program. The guidelines
16and criteria shall address cost-effectiveness, scope, feasibility and impact on the
17quality and appropriateness of health
services and social services and shall provide
18counties with maximum flexibility to develop programs that address local needs.
AB150, s. 2211
19Section
2211. 46.27 (2) (h) of the statutes is renumbered 46.27 (2) (h) (intro.)
20and amended to read:
AB150,867,2121
46.27
(2) (h) (intro.) Promulgate
all of the following as rules
to adopt: