SB1, s. 3828 5Section 3828. 938.538 (6) of the statutes is amended to read:
SB1,1469,116 938.538 (6) Purchase of services. The department of corrections may contract
7with the department of health and family services, the department of children and
8families,
a county department, or any public or private agency for the purchase of
9goods, care, and services for participants in the program under this section. The
10department of corrections shall reimburse a person from whom it purchases goods,
11care, or services under this subsection from the appropriation under s. 20.410 (3) (cg).
SB1, s. 3829 12Section 3829. 938.547 (2) of the statutes is amended to read:
SB1,1469,2513 938.547 (2) Department responsibilities. Within the availability of funding
14under s. 20.435 (7) 20.437 (1) (mb) that is available for the pilot program, the
15department of health and family services children and families shall select counties
16to participate in the pilot program. Unless a county department of human services
17has been established under s. 46.23 in the county that is seeking to implement a pilot
18program, the application submitted to the department of health and family services
19children and families shall be a joint application by the county department that
20provides social services and the county department established under s. 51.42 or
2151.437. The department of health and family services children and families shall
22select counties in accordance with the request-for-proposal procedures established
23by that department. The department of health and family services children and
24families
shall give a preference to county applications that include a plan for case
25management.
SB1, s. 3830
1Section 3830. 938.548 of the statutes is amended to read:
SB1,1470,5 2938.548 Multidisciplinary screen and assessment criteria. The
3department of health and family services children and families shall make the
4multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria
5developed under s. 938.547 (4) available to all counties.
SB1, s. 3831 6Section 3831. 938.57 (3) (a) (intro.) of the statutes is amended to read:
SB1,1470,97 938.57 (3) (a) (intro.) From the reimbursement received under s. 46.495 48.569
8(1) (d), counties may provide funding for the maintenance of any juvenile who meets
9all of the following qualifications:
SB1, s. 3832 10Section 3832. 938.57 (3) (a) 3. of the statutes is amended to read:
SB1,1470,1211 938.57 (3) (a) 3. Received funding under s. 46.495 48.569 (1) (d) immediately
12prior to his or her 17th birthday.
SB1, s. 3833 13Section 3833. 938.57 (3) (b) of the statutes is amended to read:
SB1,1470,1614 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par.
15(a) shall be in an amount equal to that to which the juvenile would receive under s.
1646.495 48.569 (1) (d) if the juvenile were 16 years of age.
SB1, s. 3834 17Section 3834. 938.78 (2) (h) of the statutes is amended to read:
SB1,1470,2318 938.78 (2) (h) Paragraph (a) does not prohibit the department of health and
19family services
children and families, a county department, or a licensed child
20welfare agency from entering the content of any record kept or information received
21by that department, county department, or licensed child welfare agency into the
22statewide automated child welfare information system established under s. 46.03
2348.47 (7g).
SB1, s. 3835 24Section 3835. 948.22 (4) (b) of the statutes is amended to read:
SB1,1471,7
1948.22 (4) (b) For a person not subject to a court order requiring child,
2grandchild or spousal support payments, when the person knows or reasonably
3should have known that he or she has a dependent, failure to provide support equal
4to at least the amount established by rule by the department of workforce
5development
children and families under s. 49.22 (9) or causing a spouse, grandchild
6or child to become a dependent person, or continue to be a dependent person, as
7defined in s. 49.01 (2).
SB1, s. 3836 8Section 3836. 948.31 (1) (a) 2. of the statutes is amended to read:
SB1,1471,139 948.31 (1) (a) 2. The department of health and family services children and
10families
or the department of corrections or any person, county department under
11s. 46.215, 46.22, or 46.23, or licensed child welfare agency, if custody or supervision
12of the child has been transferred under ch. 48 or 938 to that department, person, or
13agency.
SB1, s. 3837 14Section 3837. Subchapter I (title) of chapter 949 [precedes 949.001] of the
15statutes is created to read:
SB1,1471,1616 chapter 949
SB1,1471,1817 SUBCHAPTER I
18 Crime victim compensation
SB1, s. 3838 19Section 3838. 949.01 (intro.) of the statutes is amended to read:
SB1,1471,20 20949.01 Definitions. (intro.) In this chapter subchapter:
SB1, s. 3839 21Section 3839. 949.02 of the statutes is amended to read:
SB1,1472,2 22949.02 Administration. The department shall administer this chapter
23subchapter. The department shall appoint a program director to assist in
24administering this chapter subchapter. The department shall promulgate rules for
25the implementation and operation of this chapter subchapter. The rules shall

1include procedures to ensure that any limitation of an award is calculated in a fair
2and equitable manner.
SB1, s. 3840 3Section 3840. 949.035 (1) of the statutes is amended to read:
SB1,1472,94 949.035 (1) If a Wisconsin resident suffers injury or death in a situation
5described in s. 949.03 except that the act occurred outside this state, the resident has
6the same rights under this chapter subchapter as if the act had occurred in this state
7upon a showing that the state, territory, country or political subdivision of a country
8in which the act occurred does not have a compensation of victims of crimes law which
9covers the injury or death suffered by the person.
SB1, s. 3841 10Section 3841. 949.04 (1) (intro.) of the statutes is amended to read:
SB1,1472,1211 949.04 (1) Eligibility. (intro.) Any person may apply for an award under this
12chapter subchapter.
SB1, s. 3842 13Section 3842. 949.04 (2) of the statutes is amended to read:
SB1,1472,1714 949.04 (2) Forms. The department shall prescribe application forms for awards
15under this chapter subchapter and shall furnish law enforcement agencies with the
16forms. The law enforcement agency investigating a crime shall provide forms to each
17person who may be eligible to file a claim under this subchapter.
SB1, s. 3843 18Section 3843. 949.06 (1) (intro.) of the statutes is amended to read:
SB1,1472,2119 949.06 (1) (intro.) In accordance with this chapter subchapter, the department
20shall make awards, as appropriate, for any of the following economic losses incurred
21as a direct result of an injury:
SB1, s. 3844 22Section 3844. 949.06 (1m) (b) of the statutes is amended to read:
SB1,1473,423 949.06 (1m) (b) In accordance with this chapter subchapter, the department
24shall make awards, as appropriate, to persons who, immediately prior to the crime,
25lived in the same household with and to family members of a victim of s. 940.01,

1940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any of the economic losses
2specified in sub. (1) as a result of the person's or family member's reaction to the
3death. A dependent may recover both under sub. (1) and this subsection, subject to
4the limitation under sub. (2).
SB1, s. 3845 5Section 3845. 949.06 (3) (f) of the statutes is created to read:
SB1,1473,66 949.06 (3) (f) From an award under s. 949.26.
SB1, s. 3846 7Section 3846. 949.06 (4) (b) of the statutes is amended to read:
SB1,1473,108 949.06 (4) (b) The department may suspend proceedings under this chapter
9subchapter for a period it deems appropriate on the grounds that a prosecution for
10an offense arising out of the act or omission has been commenced or is imminent.
SB1, s. 3847 11Section 3847. 949.09 of the statutes is amended to read:
SB1,1473,16 12949.09 Effect of conviction. If any person has been convicted of any offense
13with respect to an act or omission on which a claim under this chapter subchapter
14is based, proof of that conviction shall be taken as conclusive evidence that the
15offense has been committed, unless an appeal or any proceeding with regard thereto
16is pending.
SB1, s. 3848 17Section 3848. 949.11 (1) of the statutes is amended to read:
SB1,1473,2018 949.11 (1) The procedure of ch. 227 for contested cases applies to hearings
19under this chapter subchapter except as otherwise provided in this section and ss.
20949.12 and 949.14.
SB1, s. 3849 21Section 3849. 949.11 (2) of the statutes is amended to read:
SB1,1473,2422 949.11 (2) The division of hearings and appeals in the department of
23administration shall appoint hearing examiners to make findings and orders under
24s. 227.46 and this chapter subchapter.
SB1, s. 3850 25Section 3850. 949.115 of the statutes is amended to read:
SB1,1474,4
1949.115 Subpoenas. The department or any of its authorized agents may
2issue subpoenas for persons or records for any investigation or hearing conducted
3under this chapter subchapter and may enforce compliance with such subpoenas as
4provided in s. 885.12.
SB1, s. 3851 5Section 3851. 949.12 of the statutes is amended to read:
SB1,1474,10 6949.12 Condition of claimant. There is no privilege, except privileges
7arising from the attorney-client relationship, as to communications or records
8relevant to an issue of the physical, mental or emotional condition of the claimant
9or victim in a proceeding under this chapter subchapter in which that condition is
10an element.
SB1, s. 3852 11Section 3852. 949.13 of the statutes is amended to read:
SB1,1474,16 12949.13 Agency cooperation. Upon request by the department, any state or
13local agency, including a district attorney or law enforcement agency, shall make
14available all reports, files and other appropriate information which the department
15requests in order to make a determination that a person is eligible for an award
16under this chapter subchapter.
SB1, s. 3853 17Section 3853. 949.15 (1) of the statutes is amended to read:
SB1,1475,218 949.15 (1) Whenever the department orders the payment of an award under
19this chapter subchapter as a result of the occurrence of an event that creates a cause
20of action on the part of a claimant against any person, the department is subrogated
21to the rights of the claimant and may bring an action against the person for the
22amount of the damages sustained by the claimant. If an amount greater than that
23paid under the award order is recovered and collected in any such action, the
24department shall pay the balance to the claimant. If the person responsible for the
25injury or death has previously made restitution payments to the general fund under

1s. 973.20, any judgment obtained by the department under this section shall be
2reduced by the amount of the restitution payments to the general fund.
SB1, s. 3854 3Section 3854. 949.16 of the statutes is amended to read:
SB1,1475,7 4949.16 Confidentiality of records. The record of a proceeding before an
5examiner or the department under this chapter subchapter is a public record. Any
6record or report obtained by an examiner or the department, the confidentiality of
7which is protected by any other law or rule, shall remain confidential.
SB1, s. 3855 8Section 3855. 949.165 (12) of the statutes is amended to read:
SB1,1475,119 949.165 (12) Payment is not an award. Any payment from an escrow account
10under this section shall not be considered as an award by the department under this
11chapter subchapter.
SB1, s. 3856 12Section 3856. 949.18 (intro.) of the statutes is amended to read:
SB1,1475,15 13949.18 Report by the department. (intro.) The department's biennial
14report under s. 15.04 (1) (d) shall include a report of its activities under this chapter
15subchapter including:
SB1, s. 3857 16Section 3857. 949.18 (1) of the statutes is amended to read:
SB1,1475,1817 949.18 (1) An explanation of the procedures for filing and processing claims
18under this chapter subchapter.
SB1, s. 3858 19Section 3858. 949.18 (4) of the statutes is amended to read:
SB1,1475,2020 949.18 (4) A copy of the forms utilized under this chapter subchapter.
SB1, s. 3859 21Section 3859. 949.18 (5) (intro.) of the statutes is amended to read:
SB1,1475,2322 949.18 (5) (intro.) A complete statistical analysis of the cases handled under
23this chapter subchapter, including:
SB1, s. 3860 24Section 3860. 949.18 (5) (e) of the statutes is amended to read:
SB1,1475,2525 949.18 (5) (e) A summary of cases handled under this chapter subchapter.
SB1, s. 3861
1Section 3861. Subchapter II of chapter 949 [precedes 949.20] of the statutes
2is created to read:
SB1,1476,33 Chapter 949
SB1,1476,64 Subchapter II
5 sexual assault forensic
6 examination compensation
SB1,1476,7 7949.20 Definitions. In this subchapter:
SB1,1476,10 8(1) "Cooperate with a law enforcement agency" means to report a sex offense
9to a law enforcement agency or to aid a law enforcement agency in the investigation
10of a sex offense.
SB1,1476,11 11(2) "Department" means the department of justice.
SB1,1476,19 12(3) "Examination costs" means the costs of an examination that is done to
13gather evidence regarding a sex offense, any procedure during that examination
14process that tests for or prevents a sexually transmitted disease, and any medication
15provided or prescribed, during that examination process, that prevents or treats a
16sexually transmitted disease that the person performing the examination or
17procedure believes could be a consequence of the sex offense. "Examination costs"
18does not include any processing or administrative costs, attorney fees, or other
19expenses.
SB1,1476,20 20(4) "Guardian of the victim" means one of the following:
SB1,1476,2221 1. If the victim is under 18 years of age, the parent, guardian, or legal custodian
22of the victim.
SB1,1476,2423 2. If the victim has been determined to be incompetent under ch. 54, the
24guardian of the victim.
SB1,1476,25 25(5) "Health care provider" means any person providing health care services.
SB1,1477,1
1(6) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB1,1477,4 2(7) "Sex offense" means an act committed in the state that, if committed by a
3competent adult, would be a violation, or an attempted violation, of s. 940.225,
4948.02, 948.025, 948.05, 948.06, 948.08, or 948.09.
SB1,1477,5 5(8) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).
SB1,1477,6 6(9) "Victim" means a person against whom a sex offense has been committed.
SB1,1477,11 7949.22 Administration. The department shall administer this subchapter.
8The department shall appoint a program director to assist in administering this
9subchapter. The department shall promulgate rules for the implementation and
10operation of this subchapter. The rules shall include procedures to ensure that any
11limitation of an award is calculated in a fair and equitable manner.
SB1,1477,14 12949.24 Application for award. (1) Eligibility. Any health care provider who
13conducts an examination to gather evidence regarding a sex offense may apply for
14an award under this subchapter.
SB1,1477,16 15(2) Forms. The department shall prescribe application forms for awards under
16this subchapter and shall furnish health care providers with the forms.
SB1,1477,24 17(3) Medical records. An applicant shall submit to the department reports
18from any physician, physician's assistant, or nurse who treated or examined the
19victim to gather evidence regarding a sex offense, performed any procedure during
20that treatment or examination that tests for or prevents a sexually transmitted
21disease, or provided or prescribed any medication to prevent or treat a sexually
22transmitted disease. The applicant may not submit to the department any other
23records than those pertaining to the examination, treatment, procedure, or
24medication for which the applicant is seeking an award.
SB1,1478,4
1949.26 Computation of awards. (1) Except as provided in sub. (1m), the
2department shall make an award under this section to a health care provider who
3conducts an examination to gather evidence regarding a sex offense to reimburse the
4health care provider only for the examination costs, as follows:
SB1,1478,85 (a) If, under sub. (2) (b), the health care provider is not authorized to seek
6payment from insurance or another available source of payment, the award shall be
7the examination costs, regardless of whether the victim, or any guardian of the
8victim, cooperates with a law enforcement agency regarding the sex offense.
SB1,1478,139 (b) If, under sub. (2) (b), the health care provider is authorized to seek payment
10from insurance or another available source of payment and the victim, or any
11guardian of the victim, does not cooperate with a law enforcement agency regarding
12the sex offense, the award shall be the examination costs, reduced by any payment
13to be received as a result of the authorization under sub. (2) (b).
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