AB600: Bill Text

LRB-0310/1

GMM:skg:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 600

October 5, 1995 - Introduced by Representatives Ladwig, Coggs, Gunderson, Olsen, Grothman, Walker, Owens, F. Lasee, Green, Gard, Schneiders, Porter, Hahn, Musser, Jensen, Ziegelbauer, Kreuser, Krusick, La Fave, Riley, Turner and Wirch, cosponsored by Senators Rude, Darling and A. Lasee. Referred to Committee on Children and Families.

AB600,2,2 An Act to repeal 48.533 (1); to renumber and amend 304.07; to amend 46.03 (6) (a), 46.03 (7) (e), 46.03 (32), 46.049, 46.10 (2), 46.18 (1), 46.20 (1), 46.21 (1m) (title), 46.21 (1m) (b), 46.21 (2) (a), 46.21 (2) (k), 46.21 (4), 46.21 (6), 46.22 (1) (c) 1. b., 46.26 (2) (c), 46.26 (3) (c), 46.26 (3) (d), 46.26 (4) (cm) 1., 46.26 (4) (d) 2., 46.26 (4) (d) 3., 46.26 (4) (d) 4., 48.02 (15m), 48.023 (4), 48.08 (3) (a) (intro.), 48.08 (3) (b), 48.34 (4m) (intro.), 48.355 (4) (a), 48.357 (4), 48.357 (4g) (a), 48.357 (4m), 48.366 (8), 48.49, 48.50 (1), 48.505, 48.51 (1) (intro.), 48.53 (title), 48.532 (2), 48.533 (2), 48.533 (3), 48.57 (1) (b), 48.57 (1) (c), 48.59 (1), 48.595, 48.78 (2) (d) (intro.), 48.78 (3), 63.03 (2) (y), 101.123 (1) (i), 101.123 (4) (bm), 118.125 (4), 230.36 (1), 230.36 (3) (c) (intro.), 301.36 (1), 301.37 (1), 302.18 (7), 302.31 and 973.013 (3m); to repeal and recreate 46.03 (6) (a), 46.26 (3) (d), 46.26 (4) (cm) 1., 48.02 (15m), 48.355 (4) (a), 48.50 (1), 48.51 (1) (intro.), 48.78 (3) and 118.125 (4); and to create 46.21 (1) (e), 46.21 (1) (f), 46.21 (1m) (ar), 46.21 (3p), 48.57 (1) (cm), 48.57 (1) (dm), 48.57 (1) (k), 48.57 (1) (L), 48.585, 48.587, 48.591, 48.593, 59.031 (2) (bm) 1. f. and 101.123 (4) (am) 1m. of the statutes; relating to: authorizing counties to establish juvenile secured correctional facilities and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, the department of health and social services (DHSS) is authorized to operate or contract for secured correctional facilities for holding in secure custody children who have been adjudicated delinquent and placed in a secured correctional facility by a court assigned to exercise jurisdiction under the children's code (juvenile court). Currently, a juvenile court may place a child in a secured correctional facility only if the child has been adjudicated delinquent for committing an act that would be punishable by a sentence of 6 months or more if committed by an adult and has been found to be a danger to the public and in need of restrictive custodial treatment.

This bill authorizes the county board of supervisors (county board) of any county, or the county boards of any 2 or more counties jointly, to establish or contract for a secured correctional facility for holding in secure custody children who have been adjudicated delinquent and whose legal custody is transferred to the county department of human services or social services (county department) for placement in a county secured correctional facility.

Under current law, the services of a secured correctional facility are funded by the community youth and family aids (youth aids) program under which DHSS allocates various state and federal funds to counties to pay for state-provided juvenile correctional services and local delinquency-related and juvenile justice services and DHSS charges counties for their use of services provided by DHSS at a per person daily assessment rate for those services. This bill requires DHSS to reimburse counties for the cost of program services, including basic care and supervision costs, provided for a child who is placed in a county secured correctional facility. DHSS must provide that reimbursement from youth aids funds at the same per person daily assessment rate that DHSS charges to counties for the care of children who are placed in secured correctional facilities operated by DHSS.

Under current law, DHSS may operate a boot camp program for children who have been adjudicated delinquent and placed in a secured correctional facility. This bill authorizes a county that establishes a secured correctional facility to provide a boot camp program for children who are placed at that facility.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB600, s. 1 Section 1. 46.03 (6) (a) of the statutes is amended to read:

AB600,3,2 46.03 (6) (a) Execute Except as provided in s. 48.585, execute the laws relating to the detention, reformation and correction of delinquents.

AB600, s. 2 Section 2. 46.03 (6) (a) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,3,6 46.03 (6) (a) Except as provided in ss. 48.537 and 48.585, execute the laws relating to the detention, reformation and correction of delinquents.

AB600, s. 3 Section 3. 46.03 (7) (e) of the statutes is amended to read:

AB600,3,12 46.03 (7) (e) Administer the juvenile offender review program in the division of youth services in the department. The program shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional institutions operated or contracted for by the department to aftercare and corrective sanctions placements.

AB600, s. 4 Section 4. 46.03 (32) of the statutes is amended to read:

AB600,3,18 46.03 (32) Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility that is operated or contracted for by the department. If the department decides to provide the reimbursement, it shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

AB600, s. 5 Section 5. 46.049 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,4,7 46.049 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m). All laws pertaining to the care of children received under s. 48.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.52.

AB600, s. 6 Section 6. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479, section 8, and 481, section 9, is amended to read:

AB600,5,12 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 48.585 or 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB600, s. 7 Section 7. 46.18 (1) of the statutes is amended to read:

AB600,5,22 46.18 (1) Trustees. Every county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, or county secured correctional facility, as defined in s. 48.02 (15m), shall, subject to regulations approved by the county board, be managed by a board of trustees, electors of the county, chosen by ballot by the county board. At its annual meeting, the county board shall appoint an uneven number of trustees, from 3 to 9 at the option of the board, for staggered 3-year terms ending the first Monday in January. Any vacancy shall be filled for the unexpired term by the county board; but the chairperson of the county board may appoint a trustee to fill the vacancy until the county board acts.

AB600, s. 8 Section 8. 46.20 (1) of the statutes is amended to read:

AB600,6,7 46.20 (1) Any 2 or more counties may jointly, by majority vote of all the members of each county board, provide for a county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, county secured correctional facility, as defined in s. 48.02 (15m), or juvenile detention home, which shall be established, maintained and operated pursuant to all the statutes relating to the establishment, maintenance and operation of similar institutions, respectively, by any single county whose population is less than 250,000, except as otherwise provided in this section; and in all respects, except as herein specified, each such institution shall be the county institution of each of the counties so joining.

AB600, s. 9 Section 9. 46.21 (1) (e) of the statutes is created to read:

AB600,6,10 46.21 (1) (e) "Secured correctional facility" has the meaning given in s. 48.02 (15m).

AB600, s. 10 Section 10. 46.21 (1) (f) of the statutes is created to read:

AB600,6,13 46.21 (1) (f) "Superintendent" means the superintendent of the county secured correctional facility who is appointed under sub. (1m) (ar).

AB600, s. 11 Section 11. 46.21 (1m) (title) of the statutes is amended to read:

AB600,6,16 46.21 (1m) (title) Director and, administrator and superintendent; appointments.

AB600, s. 12 Section 12. 46.21 (1m) (ar) of the statutes is created to read:

AB600,7,3 46.21 (1m) (ar) The county executive shall appoint under ss. 63.01 to 63.17 a superintendent of the county secured correctional facility. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of juvenile corrections, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The superintendent shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create positions to assist the superintendent. The superintendent shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board of supervisors under s. 59.031 (2) (bm).

AB600, s. 13 Section 13. 46.21 (1m) (b) of the statutes is amended to read:

AB600,7,8 46.21 (1m) (b) Provisions shall be made in the organization of the office offices of the director and in the office of, the administrator and the superintendent for the devolution of the director's or, the administrator's or the superintendent's authority in the case of his or her temporary absence, illness or other disability to act.

AB600, s. 14 Section 14. 46.21 (2) (a) of the statutes is amended to read:

AB600,7,19 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance and improvement of the county hospital; the county secured correctional facility; the detention center; the probation section of the children's court center; the provision and maintenance of the physical facilities for the children's court and its intake section under the supervision and operation of the judges assigned to exercise jurisdiction under ch. 48 and as provided in s. 48.06 (1); the mental health complex; the county department of human services; the central service departments; and all buildings and land used in connection with any institution under this section. The powers and duties of the county board of supervisors are policy forming only, and not administrative or executive.

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).