AB600: Bill Text

AB600, s. 15 Section 15. 46.21 (2) (k) of the statutes is amended to read:

AB600,8,3 46.21 (2) (k) Shall make sufficient appropriation annually for the support, maintenance, salaries, repairs and improvements to the county department of human services and the institutions. The appropriations shall be used subject to the order of the director or, administrator or superintendent and as the policies adopted by the county board of supervisors provide. The director or, administrator or superintendent may not incur any expense or contract for new buildings, additions to present buildings or the purchase of land until the county board of supervisors has appropriated or provided for the money to defray such expense.

AB600, s. 16 Section 16. 46.21 (3p) of the statutes is created to read:

AB600,8,10 46.21 (3p) Powers and duties of the superintendent. All of the administrative and executive powers and duties of managing, operating, maintaining and improving the county secured correctional facility and other institutions and departments that the county board of supervisors may place under the jurisdiction of the superintendent are vested in the superintendent, subject to the policies and in accordance with the principles adopted by the county board of supervisors.

AB600, s. 17 Section 17. 46.21 (4) of the statutes is amended to read:

AB600,8,16 46.21 (4) Management personnel. The director may appoint personnel to manage the county department of human services and, the administrator may appoint personnel to manage the county hospital and the superintendent may appoint personnel to manage the county secured correctional facility, in accordance with ordinances of the county board of supervisors.

AB600, s. 18 Section 18. 46.21 (6) of the statutes is amended to read:

AB600,9,2 46.21 (6) Reports; expenditures. The director and, the administrator and the superintendent shall submit annually to the county board of supervisors reports, including itemized statements of receipts and disbursements, at the times and in the manner that the county board of supervisors specifies and as are required to comply with applicable federal statutes and regulations and state statutes and rules. Disbursements shall be made in the manner that the county board of supervisors adopts, consistent with sound accounting and auditing procedure and with applicable federal statutes and regulations, state statutes and rules and requirements of the county auditor and county department of administration.

AB600, s. 19 Section 19. 46.22 (1) (c) 1. b. of the statutes is amended to read:

AB600,9,7 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 secured correctional facilities, as defined in s. 48.02 (15m), operated or contracted for by the department.

AB600, s. 20 Section 20. 46.26 (2) (c) of the statutes is amended to read:

AB600,9,19 46.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under ss. 46.17 and, 46.175 and 48.585, for reimbursement of costs under s. 48.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities. Funds to counties under this section may be used for reimbursement of costs of program services, including basic care and supervision costs, in juvenile correctional institutions that are operated or contracted for by a county department under s. 46.215, 46.22 or 46.23.

AB600, s. 21 Section 21. 46.26 (3) (c) of the statutes is amended to read:

AB600,9,25 46.26 (3) (c) Subject to pars. (dd), (de) and (dg), within the limits of the appropriations under s. 20.435 (3) (cd) and (oo), the department of health and social services shall allocate funds to each county for services under this section. If a county department under s. 46.215, 46.22 or 46.23 operates or contracts for the provision of a juvenile correctional institution, the department of health and social services shall reimburse the county department for the cost of program services, including basic care and supervision costs, provided for a child who is placed in that juvenile correctional institution at the per person daily rate for care in a juvenile correctional institution specified in sub. (4) (d) 2., 3. or 4., whichever is applicable.

AB600, s. 22 Section 22. 46.26 (3) (d) of the statutes is amended to read:

AB600,10,16 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss. 48.366 and 48.537 during previous calendar years. If a county department under s. 46.215, 46.22 or 46.23 operates or contracts for the provision of a juvenile correctional institution, in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to that county department to cover any increases in the per person daily rate for care in a juvenile correctional institution specified in sub. (4) (d) 2. to 4.

AB600, s. 23 Section 23. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,11,4 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss. 48.366 and 48.537 during previous calendar years. If a county department under s. 46.215, 46.22 or 46.23 operates or contracts for the provision of a juvenile correctional institution, in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to that county department to cover any increases in the per person daily rate for care in a juvenile correctional institution specified in sub. (4) (d) 2. to 4.

AB600, s. 24 Section 24. 46.26 (4) (cm) 1. of the statutes is amended to read:

AB600,11,13 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions that are operated or contracted for by the department for costs incurred beginning on January 1, 1995, for the care of any child who is placed in a juvenile correctional facility that is operated or contracted for by the department based on a delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or 943.32 (2).

AB600, s. 25 Section 25. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,11,23 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions that are operated or contracted for by the department for costs incurred beginning on January 1, 1995, for the care of any child who is placed in a juvenile correctional facility that is operated or contracted for by the department based on a delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or 943.32 (2).

AB600, s. 26 Section 26. 46.26 (4) (d) 2. of the statutes is amended to read:

AB600,12,9 46.26 (4) (d) 2. Beginning July 1, 1993 1995, and ending December 31, 1993 1995, the per person daily cost assessment to counties shall be $101.55 for care in a departmental juvenile correctional institution, $101.55 for care for children transferred from a departmental juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $131.65 for care in a child caring institution, $92.03 for care in a group home for children, $21.02 for care in a foster home, $58.37 for care in a treatment foster home and $11.57 for departmental aftercare services.

AB600, s. 27 Section 27. 46.26 (4) (d) 3. of the statutes is amended to read:

AB600,12,19 46.26 (4) (d) 3. In calendar year 1994 1996, the per person daily cost assessment to counties shall be $111.73 for care in a departmental juvenile correctional institution, $111.73 for care for children transferred from a departmental juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for departmental corrective sanctions services and $12.96 for departmental aftercare services.

AB600, s. 28 Section 28. 46.26 (4) (d) 4. of the statutes is amended to read:

AB600,13,4 46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995 1997, the per person daily cost assessment to counties shall be $115.68 for care in a departmental juvenile correctional institution, $115.68 for care for children transferred from a departmental juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $146.07 for care in a child caring institution, $101.92 for care in a group home for children, $23.28 for care in a foster home, $64.65 for care in a treatment foster home, $66.75 for departmental corrective sanctions services and $12.96 for departmental aftercare services.

AB600, s. 29 Section 29. 48.02 (15m) of the statutes is amended to read:

AB600,13,10 48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department or a county department for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the a juvenile boot camp program under s. 48.532 or 48.585 (3) is operated.

AB600, s. 30 Section 30. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,13,17 48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services, the department of corrections or a county department for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 or 48.585 (3) is operated.

AB600, s. 31 Section 31. 48.023 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,13,23 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department or a county department under s. 48.34 (4m) or (4n) or the supervision of a county department under s. 48.34 (4n).

AB600, s. 32 Section 32. 48.08 (3) (a) (intro.) of the statutes is amended to read:

AB600,14,9 48.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department of health and social services personnel designated by that department, personnel of a nonprofit corporation operating a secured correctional facility for girls designated by agreement between that nonprofit corporation and the department of health and social services, county department personnel designated by that county department and department of corrections personnel designated by agreement between the department of health and social services and the department of corrections have the power of law enforcement authorities to take a child into physical custody under the following conditions:

AB600, s. 33 Section 33. 48.08 (3) (b) of the statutes is amended to read:

AB600,14,20 48.08 (3) (b) A child who has run away from or failed to return to a secured correctional facility operated or contracted for by the department and who has been taken into custody under par. (a) may be returned directly to the secured correctional facility and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227. A child who has run away from or failed to return to a secured correctional facility operated or contracted for by a county department and who has been taken into custody under par. (a) may be returned directly to the secured correctional facility and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with rules promulgated by the department.

AB600, s. 34 Section 34. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,14,24 48.34 (4m) (intro.) Place the child in a secured correctional facility under the supervision of the department or a county department, but only if:

AB600, s. 35 Section 35. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,15,12 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child who is under the supervision of the department or a county department under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB600, s. 36 Section 36. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,15,25 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services or a county department under s. 48.34 (4m) or (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB600, s. 37 Section 37. 48.357 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,16,14 48.357 (4) When the a child is placed with the department, the department may, after an examination under s. 48.50, place the child in a secured correctional facility that is operated or contracted for by the department or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. When a child is placed with a county department, the county department may, after an examination under s. 48.59, place the child in a secured correctional facility that is operated or contracted for by the county department or place the child on aftercare supervision, either immediately or after a period of placement in a secured correctional facility. The department or county department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court.

AB600, s. 38 Section 38. 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,16,25 48.357 (4g) (a) Not later than 120 days after the date on which the child is placed in a secured correctional facility under the supervision of the department, or not less than 30 days before the date on which the department determines that the child is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare provider designated under s. 48.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB600, s. 39 Section 39. 48.357 (4m) of the statutes is amended to read:

AB600,17,5 48.357 (4m) The department shall try to release a child to aftercare or corrective sanctions supervision under sub. (4), and a county department shall try to release a child to aftercare supervision under sub. (4), within 30 days after the date the department or county department determines the child is eligible for the release.

AB600, s. 40 Section 40. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,17,17 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities that are operated or contracted for by the department. A county department may transfer a person subject to an order between secured correctional facilities that are operated or contracted for by the county department. After the person attains the age of 18 years, the department or county department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB600, s. 41 Section 41. 48.49 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,18,2 48.49 Notification by court of placement with department; information for department. (1) When the court places a child in a secured correctional facility under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the child to a receiving center designated by the department or deliver the child to personnel of the department.

AB600,18,6 (2) When the court places a child in a secured correctional facility under the supervision of the department, the court shall also immediately transfer to the department a copy of the report submitted to it under s. 48.33 and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB600,18,10 (3) The court and all other public agencies shall furnish the department on request all pertinent data in their possession regarding a child who has been placed in a secured correctional facility under the supervision of the department, including the information specified in sub. (2), within 5 working days of the request.

AB600, s. 42 Section 42. 48.50 (1) of the statutes is amended to read:

AB600,18,21 48.50 (1) The department shall examine every child whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary and the evaluation under s. 48.533 (1) or (2) to determine whether the child is eligible for corrective sanctions supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

AB600, s. 43 Section 43. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,19,10 48.50 (1) The department shall examine every child who is placed under its supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and the evaluation under s. 48.533 (2) to determine whether the child is eligible for corrective sanctions supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

AB600, s. 44 Section 44. 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,19,20 48.505 (title) Children placed in a departmental secured correctional facility. The department shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB600, s. 45 Section 45. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,19,25 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the department, the department shall:

AB600, s. 46 Section 46. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,20,7 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the department or a placement in the community under the corrective sanctions program or the youthful offender program, the department of health and social services or the department of corrections shall:

AB600, s. 47 Section 47. 48.53 (title) of the statutes is amended to read:

AB600,20,9 48.53 (title) Duration of departmental control over delinquents.

AB600, s. 48 Section 48. 48.532 (2) of the statutes is amended to read:

AB600,20,14 48.532 (2) Program eligibility. The department may place in the a juvenile boot camp program any child whose legal custody has been transferred to the department under s. 48.34 (4m) for placement who has been placed in a secured correctional facility under the supervision of the department.

AB600, s. 49 Section 49. 48.533 (1) of the statutes is repealed.

AB600, s. 50 Section 50. 48.533 (2) of the statutes is amended to read:

AB600,21,18 48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (a), the department shall provide $433,500, and from the appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for a corrective sanctions program, beginning on July 1, 1994, to serve an average daily population of 105 children, or an average daily population of more that than 105 children if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee county. The juvenile offender review program in the division of youth services in the department shall evaluate and select for participation in the program children who have been placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee county to provide on-site programming after school and in the evening for children from Milwaukee county who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department shall promulgate rules to implement the program.

AB600, s. 51 Section 51. 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,22,8 48.533 (3) Institutional status. A participant in the pilot program under sub. (1) or the program under sub. (2) remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of that child's participation in the pilot program under sub. (1) or the program under sub. (2) the department may, without a hearing, take the child into custody and return the child to placement in a secured correctional facility for up to 72 hours as a sanction for that violation. If the child is returned to a secured correctional facility, for longer than 72 hours, the child is entitled to a hearing under s. 48.357 (5). If a child runs away from the child's placement in the community while participating in the pilot program under sub. (1) or the program under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3) (c).

AB600, s. 52 Section 52. 48.57 (1) (b) of the statutes is amended to read:

AB600,22,13 48.57 (1) (b) To accept legal custody or supervision of children transferred to it by the court under s. 48.355 and to provide special treatment and care if ordered by the court. A court may not order a county department to administer psychotropic medications to children who receive special treatment or care under this paragraph.

AB600, s. 53 Section 53. 48.57 (1) (c) of the statutes is amended to read:

AB600,23,2 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities that are operated by the county department, except that the county department shall may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB600, s. 54 Section 54. 48.57 (1) (cm) of the statutes is created to read:

AB600,23,5 48.57 (1) (cm) To continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

AB600,23,6 1. Is at least 18 years of age.

AB600,23,8 2. Was in the legal custody of the county department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 years of age.

AB600,23,9 3. Is less than 19 years of age.

AB600,23,12 4. Is determined by the county department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.

AB600, s. 55 Section 55. 48.57 (1) (dm) of the statutes is created to read:

AB600,23,19 48.57 (1) (dm) To consent to emergency surgery under the direction of a licensed physician or surgeon for any child in its legal custody or under its supervision under s. 48.34 (4m) or (4n) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the child's parent or guardian.

AB600, s. 56 Section 56. 48.57 (1) (k) of the statutes is created to read:

AB600,23,23 48.57 (1) (k) To pay an allowance to children in its secured correctional facilities and a cash grant to a child being discharged or released to aftercare supervision in the community.