AB100,1537,1816
301.048
(2) (cm) A court or the department requires his or her participation in
17the program as a condition of community supervision under s. 302.113 (7) or 302.114
18(5) (d) or (8) or 973.01 (5).
AB100, s. 3808
19Section
3808. 301.048 (2) (d) of the statutes is amended to read:
AB100,1537,2220
301.048
(2) (d) The department and the person agree to his or her participation
21in the program as an alternative to revocation of probation
, community supervision 22or parole.
AB100, s. 3809
23Section
3809. 301.048 (4) (a) of the statutes is amended to read:
AB100,1538,724
301.048
(4) (a) A participant is in the custody and under the control of the
25department, subject to its rules and discipline. A participant entering the program
1under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub.
2(2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation.
A
3participant entering the program under sub. (2) (cm) is a prisoner, except that he or
4she remains a person on community supervision for purposes of revocation. A
5participant entering the program under sub. (2) (d) is a prisoner, except that he or
6she remains a probationer
or, parolee
or person on community supervision,
7whichever is applicable, for purposes of revocation.
AB100, s. 3810
8Section
3810. 301.048 (4) (am) of the statutes is amended to read:
AB100,1538,179
301.048
(4) (am) A participant who is a parolee for purposes of revocation is
10subject to revocation for violation of any condition of parole or any rule or condition
11applicable because he or she is a program participant.
A participant who is a person
12on community supervision for purposes of revocation is subject to revocation for
13violation of any condition of community supervision or any rule or condition
14applicable because he or she is a program participant. A participant who is a
15probationer for purposes of revocation is subject to revocation for violation of any
16condition of probation or any rule or condition applicable because he or she is a
17program participant.
AB100, s. 3811
18Section
3811. 301.048 (4m) (b) (intro.) of the statutes is amended to read:
AB100,1538,2419
301.048
(4m) (b) (intro.) As soon as possible after a prisoner, probationer
or, 20parolee
or person on community supervision who has violated s. 940.03, 940.05,
21940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive
22sanctions program, the department shall make a reasonable effort to notify all of the
23following persons, if they can be found, in accordance with par. (c) and after receiving
24a completed card under par. (d):
AB100, s. 3812
25Section
3812. 301.048 (4m) (b) 1. of the statutes is amended to read:
AB100,1539,4
1301.048
(4m) (b) 1. The victim of the crime committed by the prisoner,
2probationer
or, parolee
or person on community supervision or, if the victim died as
3a result of the crime, an adult member of the victim's family or, if the victim is younger
4than 18 years old, the victim's parent or legal guardian.
AB100, s. 3813
5Section
3813. 301.048 (4m) (b) 2. of the statutes is amended to read:
AB100,1539,86
301.048
(4m) (b) 2. Any witness who testified against the prisoner, probationer
7or, parolee
or person on community supervision in any court proceeding involving the
8offense.
AB100, s. 3814
9Section
3814. 301.048 (4m) (d) of the statutes is amended to read:
AB100,1539,2010
301.048
(4m) (d) The department shall design and prepare cards for any person
11specified in par. (b) to send to the department. The cards shall have space for any
12such person to provide his or her name and address, the name of the applicable
13participant and any other information the department determines is necessary. The
14department shall provide the cards, without charge, to district attorneys. District
15attorneys shall provide the cards, without charge, to persons specified in par. (b).
16These persons may send completed cards to the department. All department records
17or portions of records that relate to mailing addresses of these persons are not subject
18to inspection or copying under s. 19.35 (1)
, but the department shall provide
19information from records kept under this paragraph in response to a request for
20information made under s. 49.22 (2m).
AB100, s. 3815
21Section
3815. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and
22amended to read:
AB100,1539,2523
301.048
(6) (a)
The
Except as provided in par. (b), the department may
24discharge a participant from participation in the program and from departmental
25custody and control at any time.
AB100, s. 3816
1Section
3816. 301.048 (6) (b) of the statutes is created to read:
AB100,1540,52
301.048
(6) (b) The department may discharge a participant who is on
3community supervision under s. 302.113 from participation in the program at any
4time, but the person remains under departmental supervision under the terms of the
5person's bifurcated sentence imposed under s. 973.01 until the end of that sentence.
AB100, s. 3817
6Section
3817. 301.048 (7) of the statutes is amended to read:
AB100,1540,97
301.048
(7) Reimbursement. The department shall provide reimbursement to
8counties and others for the actual costs incurred under sub. (3), as authorized by the
9department, from the appropriations under s. 20.410 (1) (ab) and
(ai) (b).
AB100, s. 3818
10Section
3818. 301.049 (2) (a) 2. of the statutes is amended to read:
AB100,1540,1311
301.049
(2) (a) 2. On probation
, community supervision or parole and who, if
12approved by the department under par. (b), would participate in the program as an
13alternative to revocation of probation
, community supervision or parole.
AB100, s. 3819
14Section
3819. 301.049 (3) (e) of the statutes is amended to read:
AB100,1540,1615
301.049
(3) (e) Prepare each mother to be able to live in a safe, lawful and stable
16manner in the community upon parole
, community supervision or discharge.
AB100, s. 3821
18Section
3821. 301.08 (1) (c) 1. of the statutes is repealed.
AB100, s. 3822
19Section
3822. 301.08 (1) (c) 2. of the statutes is amended to read:
AB100,1540,2420
301.08
(1) (c) 2. Beginning on January 1, 1996, the department may contract
21with public, private or voluntary vendors for the supervision
or for any component
22of the supervision of probationers
and, parolees
and persons on community
23supervision who are under minimum supervision or administrative supervision.
24The
AB100,1541,4
13. Except as provided in subd. 3m., a contract
under subd. 2. shall authorize
2any such a vendor to charge a fee to probationers
and, parolees
and persons on
3community supervision sufficient to cover the cost of supervision and administration
4of the contract.
AB100,1541,7
54. If the department collects any moneys from a vendor under
the a contract
6under subd. 2., the department shall credit those moneys to the appropriation
7account under s. 20.410 (1) (ge).
AB100,1541,12
85. The department shall promulgate rules for fees, collections, reporting and
9verification regarding probationers
and, parolees
and persons on community
10supervision supervised by
the a vendor
who contracts with the department under
11subd. 2. and shall promulgate rules defining "administrative supervision" and
12"minimum supervision".
AB100, s. 3823
13Section
3823. 301.08 (1) (c) 3m. of the statutes is created to read:
AB100,1541,1814
301.08
(1) (c) 3m. A contract under subd. 2. shall permit the department to
15prohibit a vendor from charging a fee to a probationer, parolee or person on
16community supervision who is supervised under the contract if the probationer,
17parolee or person on community supervision demonstrates that he or she is unable
18to pay the fee because of any of the following:
AB100,1541,2019
a. The probationer, parolee or person on community supervision is undergoing
20treatment approved by the department and is unable to work.
AB100,1541,2421
b. The probationer, parolee or person on community supervision has a
22statement from a physician certifying to the department that the probationer,
23parolee or person on community supervision should be excused from working for
24medical reasons.
AB100, s. 3824
25Section
3824. 301.08 (2) (d) 5. of the statutes is amended to read:
AB100,1542,4
1301.08
(2) (d) 5. Charge a uniform schedule of fees established under s.
46.03 2301.03 (18) unless waived by the purchaser with approval of the department.
3Whenever providers recover funds attributed to the client, the funds shall offset the
4amount paid under the contract.
AB100, s. 3825
5Section
3825. 301.12 of the statutes is repealed and recreated to read:
AB100,1542,11
6301.12 Cost of care and maintenance, liability; collection and
7deportation counsel; collections; court actions; recovery. (1) Liability and
8the collection and enforcement of such liability for the care, maintenance, services
9and supplies specified in this section is governed exclusively by this section, except
10in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4.,
11938.357 (5m) or 938.363 (2) or ch. 767.
AB100,1543,7
12(2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including
13but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or
14938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by
15any institution in this state operated or contracted for by the department, in which
16the state is chargeable with all or part of the person's care, maintenance, services and
17supplies, and the person's property and estate, including the homestead, and the
18spouse of the person, and the spouse's property and estate, including the homestead,
19and, in the case of a minor child, the parents of the person, and their property and
20estates, including their homestead, and, in the case of a foreign child described in s.
2148.839 (1) who became dependent on public funds for his or her primary support
22before an order granting his or her adoption, the resident of this state appointed
23guardian of the child by a foreign court who brought the child into this state for the
24purpose of adoption, and his or her property and estate, including his or her
25homestead, shall be liable for the cost of the care, maintenance, services and supplies
1in accordance with the fee schedule established by the department under s. 301.03
2(18). If a spouse, widow or minor, or an incapacitated person may be lawfully
3dependent upon the property for their support, the court shall release all or such part
4of the property and estate from the charges that may be necessary to provide for those
5persons. The department shall make every reasonable effort to notify the liable
6persons as soon as possible after the beginning of the maintenance, but the notice or
7the receipt thereof is not a condition of liability.
AB100,1543,10
8(2m) The liability specified in sub. (2) shall not apply to persons 17 and older
9receiving care, maintenance, services and supplies provided by prisons named in s.
10302.01.
AB100,1543,16
11(3) After investigation of the liable persons' ability to pay, the department shall
12make collection from the person who in the opinion of the department under all of
13the circumstances is best able to pay, giving due regard to relationship and the
14present needs of the person or of the lawful dependents. However, the liability of
15relatives for maintenance shall be in the following order: first, the spouse of the
16resident; then, in the case of a minor, the parent or parents.
AB100,1543,22
17(4) (a) If a person liable under sub. (2) fails to make payment or enter into or
18comply with an agreement for payment, the department may bring an action to
19enforce the liability or may issue an order to compel payment of the liability. Any
20person aggrieved by an order issued by the department under this paragraph may
21appeal the order as a contested case under ch. 227 by filing with the department a
22request for a hearing within 30 days after the date of the order.
AB100,1544,223
(b) If judgment is rendered in an action brought under par. (a) for any balance
24that is 90 or more days past due, interest at the rate of 12% per year shall be
25computed by the clerk and added to the liable person's costs. That interest shall
1begin on the date on which payment was due and shall end on the day before the date
2of any interest that is computed under s. 814.04 (4).
AB100,1544,63
(c) If the department issues an order to compel payment under par. (a), interest
4at the rate of 12% per year shall be computed by the department and added at the
5time of payment to the person's liability. That interest shall begin on the date on
6which payment was due and shall end on the day before the date of final payment.
AB100,1544,15
7(5) If any person named in an order to compel payment issued under sub. (4)
8(a) fails to pay the department any amount due under the terms of the order and no
9contested case to review the order is pending and the time for filing for a contested
10case review has expired, the department may present a certified copy of the order to
11the circuit court for any county. The circuit court shall, without notice, render
12judgment in accordance with the order. A judgment rendered under this subsection
13shall have the same effect and shall be entered in the judgment and lien docket and
14may be enforced in the same manner as if the judgment had been rendered in an
15action tried and determined by the circuit court.
AB100,1544,18
16(6) The sworn statement of the collection and deportation counsel, or of the
17secretary, shall be evidence of the fee and of the care and services received by the
18resident.
AB100,1545,3
19(7) The department shall administer and enforce this section. It shall appoint
20an attorney to be designated "collection and deportation counsel" and other
21necessary assistants. The department may delegate to such counsel such other
22powers and duties as it considers advisable. The collection or deportation counsel or
23any of the assistants may administer oaths, take affidavits and testimony, examine
24public records, subpoena witnesses and the production of books, papers, records, and
25documents material to any matter of proceeding relating to payments for the cost of
1maintenance. The department shall encourage agreements or settlements with the
2liable person, having due regard to ability to pay and the present needs of lawful
3dependents.
AB100,1545,4
4(8) The department may:
AB100,1545,75
(a) Appear for the state in any and all collection and deportation matters
6arising in the several courts, and may commence suit in the name of the department
7to recover the cost of maintenance against the person liable therefor.
AB100,1545,118
(b) Determine whether any residents are subject to deportation; and on behalf
9of this state enter into reciprocal agreements with other states for deportation and
10importation of persons who are public charges, upon such terms as will protect the
11state's interests and promote mutual amicable relations with other states.
AB100,1545,1612
(c) From time to time investigate the financial condition and needs of persons
13liable under sub. (2), their ability to presently maintain themselves, the persons
14legally dependent upon them for support, the protection of the property and
15investments from which they derive their living and their care and protection, for the
16purpose of ascertaining the person's ability to make payment in whole or in part.
AB100,1545,2117
(d) After due regard to the case and to a spouse and minor children who are
18lawfully dependent on the property for support, compromise or waive any portion of
19any claim of the state or county for which a person specified under sub. (2) is liable,
20but not any claim payable by an insurer under s. 632.89 (2) or (2m) or by any other
213rd party.
AB100,1545,2422
(e) Make an agreement with a person who is liable under sub. (2), or who may
23be willing to assume the cost of maintenance of any resident, providing for the
24payment of such costs at a specified rate or amount.
AB100,1546,2
1(f) Make adjustment and settlement with the several counties for their proper
2share of all moneys collected.
AB100,1546,53
(i) Pay quarterly from the appropriation account under s. 20.410 (3) (gg) the
4collection moneys due county departments under ss. 46.215, 46.22 and 46.23.
5Payments shall be made as soon after the close of each quarter as is practicable.
AB100,1546,15
6(9) Any person who wilfully testifies falsely as to any material matter in an
7investigation or proceeding under this section shall be guilty of perjury. Banks,
8employers, insurers, savings banks, savings and loan associations, brokers and
9fiduciaries, upon request of the department, shall furnish in writing and duly
10certified, full information regarding the property, earnings or income or any funds
11deposited to the credit of or owing to any person liable under sub. (2). Such certified
12statement shall be admissible in evidence in any action or proceeding to compel
13payment under this section, and shall be evidence of the facts therein stated,
14provided a copy of such statement be served upon the party sought to be charged not
15less than 3 days before the hearing.
AB100,1546,18
16(10) The department shall make all reasonable and proper efforts to collect all
17claims for maintenance, to keep payments current, and to periodically review all
18unpaid claims.
AB100,1546,20
19(11) (a) Except as provided in par. (b), in any action to recover from a person
20liable under this section, the statute of limitations may be pleaded in defense.
AB100,1546,2321
(b) If a person who is liable under this section is deceased, a claim may be filed
22against the decedent's estate and the statute of limitations specified in s. 859.02 shall
23be exclusively applicable.
AB100,1547,9
24(14) (a) Except as provided in pars. (b) and (c), liability of a person specified in
25sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age
1in residential, nonmedical facilities such as group homes, foster homes, treatment
2foster homes, child caring institutions and juvenile correctional institutions is
3determined in accordance with the cost-based fee established under s. 301.03 (18).
4The department shall bill the liable person up to any amount of liability not paid by
5an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules
6which include formulas governing ability to pay promulgated by the department
7under s. 301.03 (18). Any liability of the resident not payable by any other person
8terminates when the resident reaches age 17, unless the liable person has prevented
9payment by any act or omission.
AB100,1547,1710
(b) Except as provided in par. (c) and subject to par. (cm), liability of a parent
11specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's
12minor child who has been placed by a court order under s. 938.183, 938.355 or
13938.357 in a residential, nonmedical facility such as a group home, foster home,
14treatment foster home, child caring institution or juvenile correctional institution
15shall be determined by the court by using the percentage standard established by the
16department of industry, labor and job development under s. 49.22 (9) and by applying
17the percentage standard in the manner established by the department under par. (g).
AB100,1547,2118
(c) Upon request by a parent, the court may modify the amount of child support
19payments determined under par. (b), subject to par. (cm), if, after considering the
20following factors, the court finds by the greater weight of the credible evidence that
21the use of the percentage standard is unfair to the child or to either of the parents:
AB100,1547,2222
1. The needs of the child.
AB100,1547,2423
2. The physical, mental and emotional health needs of the child, including any
24costs for the child's health insurance provided by a parent.
AB100,1548,3
13. The standard of living and circumstances of the parents, including the needs
2of each parent to support himself or herself at a level equal to or greater than that
3established under
42 USC 9902 (2).
AB100,1548,44
4. The financial resources of the parents.
AB100,1548,75
5. The earning capacity of each parent, based on each parent's education,
6training and work experience and based on the availability of work in or near the
7parent's community.
AB100,1548,88
6. The need and capacity of the child for education, including higher education.
AB100,1548,99
7. The age of the child.
AB100,1548,1010
8. The financial resources and the earning ability of the child.
AB100,1548,1211
9. The needs of any person, including dependent children other than the child,
12whom either parent is legally obligated to support.
AB100,1548,1813
10. The best interests of the child, including, but not limited to, the impact on
14the child of expenditures by the family for improvement of any conditions in the home
15that would facilitate the reunification of the child with the child's family, if
16appropriate, and the importance of a placement that is the least restrictive of the
17rights of the child and the parents and the most appropriate for meeting the needs
18of the child and the family.
AB100,1548,1919
11. Any other factors that the court in each case determines are relevant.
AB100,1548,2420
(cm) 1. Except as provided in subd. 2., if a parent who is required to pay child
21support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the
22child for whom support is ordered, the amount of the child support payments
23determined under par. (b) or (c) may not exceed the amount of the adoption assistance
24payments.
AB100,1549,4
12. Subdivision 1. does not apply if, after considering the factors under par. (c)
21. to 11., the court finds by the greater weight of the credible evidence that limiting
3the amount of the child support payments to the amount of the adoption assistance
4payments is unfair to the child or to either of the parents.
AB100,1549,115
(d) If the court finds under par. (c) that use of the percentage standard is unfair
6to the minor child or either of the parents, the court shall state in writing or on the
7record the amount of support that would be required by using the percentage
8standard, the amount by which the court's order deviates from that amount, its
9reasons for finding that use of the percentage standard is unfair to the child or the
10parent, its reasons for the amount of the modification and the basis for the
11modification.
AB100,1549,1912
(e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or
13938.363 (2) for support determined under this subsection constitutes an assignment
14of all commissions, earnings, salaries, wages, pension benefits, benefits under ch.
15102 or 108 and other money due or to be due in the future to the county department
16under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the
17department, depending upon the placement of the child as specified by rules
18promulgated under subd. 5. The assignment shall be for an amount sufficient to
19ensure payment under the order.
AB100,1549,2320
2. Except as provided in subd. 3., for each payment made under the assignment,
21the person from whom the payer under the order receives money shall receive an
22amount equal to the person's necessary disbursements, not to exceed $3, which shall
23be deducted from the money to be paid to the payer.
AB100,1550,324
3. Benefits under ch. 108 may be assigned and withheld only in the manner
25provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for
1an amount certain. When money is to be withheld from these benefits, no fee may
2be deducted from the amount withheld and no fine may be levied for failure to
3withhold the money.
AB100,1550,124
4. No employer may use an assignment under this paragraph as a basis for the
5denial of employment to a person, the discharge of an employe or any disciplinary
6action against an employe. An employer who denies employment or discharges or
7disciplines an employe in violation of this subdivision may be fined not more than
8$500 and may be required to make full restitution to the aggrieved person, including
9reinstatement and back pay. Except as provided in this subdivision, restitution shall
10be in accordance with s. 973.20. An aggrieved person may apply to the district
11attorney or to the department of industry, labor and job development for enforcement
12of this subdivision.
AB100,1550,1413
5. The department shall promulgate rules for the operation and
14implementation of assignments under this paragraph.
AB100,1550,2015
(f) If the amount of the child support determined under this subsection is
16greater than the cost for the care and maintenance of the minor child in the
17residential, nonmedical facility, the assignee under par. (e) 1. shall expend or
18otherwise dispose of any funds that are collected in excess of the cost of such care and
19maintenance in a manner that the assignee determines will serve the best interests
20of the minor child.
AB100,1551,221
(g) For purposes of determining child support under par. (b), the department
22shall promulgate rules related to the application of the standard established by the
23department of industry, labor and job development under s. 49.22 (9) to a child
24support obligation for the care and maintenance of a child who is placed by a court
25order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The
1rules shall take into account the needs of any person, including dependent children
2other than the child, whom either parent is legally obligated to support.
AB100,1551,11
3(16) The department shall delegate to county departments under ss. 46.215,
446.22 and 46.23 or the local providers of care and services meeting the standards
5established by the department under s. 301.08, the responsibilities vested in the
6department under this section for collection of fees for services other than those
7provided at state facilities if such county departments or providers meet the
8conditions considered appropriate by the department. The department may delegate
9to county departments under ss. 46.215, 46.22 and 46.23 the responsibilities vested
10in the department under this section for collection of fees for services provided at the
11state facilities if the necessary conditions are met.