AB40: Bill Text

AB40,995,17 49.849 (6) (a) From the appropriation under s. 20.435 (4) (im), with respect to funds collected by the department under sub. (1) (2) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health services shall pay claims under sub. (3) (5), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) (5) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits under subch. IV of ch. 49.

AB40,2316 Section 2316. 867.035 (4m) of the statutes is renumbered 49.849 (6) (b) and amended to read:

AB40,995,25 49.849 (6) (b) From the appropriation under s. 20.435 (7) (im), with respect to funds collected by the department under sub. (1) (2) related to long-term community support services funded under s. 46.27 (7) paid on behalf of the decedent or the decedent's spouse, the department of health services shall pay claims under sub. (3) (5) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).

AB40,2317 Section 2317. 867.035 (5) of the statutes is renumbered 49.849 (7) and amended to read:

AB40,996,10 49.849 (7) Rules for hardship waiver. The department of health services shall promulgate rules establishing standards to determine whether the application of this section would work an undue hardship in individual cases. If the department of health services determines that the application of this section would work an undue hardship in a particular case, the department shall waive the application of this section in that case. This subsection does not apply with respect to collecting from the property of a decedent if the decedent is a deceased nonrecipient surviving spouse.

AB40,2318 Section 2318. 893.33 (4r) of the statutes is created to read:

AB40,996,13 893.33 (4r) This section applies to liens of the department of health services on real property under ss. 46.27 (7g), 49.496, 49.682, 49.848, and 49.849.

AB40,2319 Section 2319. 938.06 (1) (title) of the statutes is amended to read:

AB40,996,15 938.06 (1) (title) Counties with a population of 500,000 750,000 or more.

AB40,2320 Section 2320. 938.06 (1) (a) 1. of the statutes is amended to read:

AB40,997,2 938.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). Except as otherwise provided in this subsection, the director is the chief administrative officer of the center and of the intake and probation sections and juvenile detention facilities of the center. The director is responsible for managing the personnel of, and administering the services of, the sections and the juvenile detention facilities, and for supervising operation of the physical plant and maintenance and improvement of the buildings and grounds of the center.

AB40,2321 Section 2321. 938.06 (2) (title) of the statutes is amended to read:

AB40,997,4 938.06 (2) (title) Counties with a population under 500,000 750,000.

AB40,2322 Section 2322. 938.06 (2) (a) of the statutes is amended to read:

AB40,997,15 938.06 (2) (a) In counties having less than 500,000 750,000 population, the county board of supervisors shall authorize the county department or the court, or both, to provide intake services under s. 938.067 and the staff needed to provide dispositional services under s. 938.069. Intake services shall be provided by employees of the court or the county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB40,2323 Section 2323. 938.06 (4) of the statutes is amended to read:

AB40,997,25 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 301.26. Counties having a population of less than 500,000 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB40,2324 Section 2324. 938.21 (1m) of the statutes is created to read:

AB40,998,9 938.21 (1m) Biological specimen. If the juvenile has been taken into custody on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2325 Section 2325. 938.30 (2m) of the statutes is created to read:

AB40,998,18 938.30 (2m) Biological specimen. If the juvenile is before the court on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2326 Section 2326. 938.34 (6m) of the statutes is amended to read:

AB40,999,2 938.34 (6m) Coordinated services plan of care. If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established in for the county or, if applicable, by for a tribe, order that an assessment of the juvenile and the juvenile's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.

AB40,2327 Section 2327. 938.34 (15) (a) 1. and 3. of the statutes are consolidated, renumbered 938.34 (15) (a) and amended to read:

AB40,999,13 938.34 (15) (a) If the juvenile is adjudicated delinquent on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the juvenile to provide comply with the requirement under s. 165.76 (1) (am) by providing a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. 3. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. or 2. this paragraph may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40,2328 Section 2328. 938.34 (15) (a) 2. of the statutes is repealed.

AB40,2329 Section 2329. 938.34 (15) (b) of the statutes is amended to read:

AB40,999,20 938.34 (15) (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens Biological samples required under par. (a) and for the transportation of the specimens to the state crime laboratories under s. 165.77 shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2330 Section 2330. 938.355 (4) (a) of the statutes is amended to read:

AB40,999,24 938.355 (4) (a) Except as provided under par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or continues the placement of the juvenile in his or her home shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner.

AB40,1000,8 (am) Except as provided in par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or continues the placement of the juvenile in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when on the latest of the following dates, unless the court specifies a shorter period or the court terminates the order sooner:

AB40,1000,9 1. The date on which the juvenile attains 18 years of age, at the end of.

AB40,1000,10 2. The date that is one year after the date on which the order is granted, or, if.

AB40,1000,15 3. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, when the date on which the juvenile attains 19 years of age, whichever is later, unless the court specifies a shorter period of time or the court terminates the order sooner.

AB40,2331 Section 2331. 938.355 (4) (am) 4. of the statutes is created to read:

AB40,1000,20 938.355 (4) (am) 4. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile, the date on which the juvenile attains 21 years of age.

AB40,2332 Section 2332. 938.357 (6) of the statutes is renumbered 938.357 (6) (a) and amended to read:

AB40,1001,3 938.357 (6) (a) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative who is not a parent, the court may extend the expiration date of the original order to the latest of the following dates, unless the court specifies a shorter period:

AB40,1001,4 1. The date on which the juvenile attains 18 years of age, to the.

AB40,1001,6 2. The date that is one year after the date of on which the change in placement order, or, if is granted.

AB40,1001,10 3. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, to the date on which the juvenile attains 19 years of age, whichever is later, or for a shorter period of time as specified by the court.

AB40,1001,17 (b) If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative to a placement in the juvenile's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of on which the change in placement order is granted or to an earlier date as specified by the court.

AB40,2333 Section 2333. 938.357 (6) (a) 4. of the statutes is created to read:

AB40,1001,22 938.357 (6) (a) 4. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile, the date on which the juvenile reaches 21 years of age.

AB40,2334 Section 2334. 938.365 (5) of the statutes is renumbered 938.365 (5) (a) and amended to read:

AB40,1002,4 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its the date of entry on which the order is granted.

AB40,1002,8 (b) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the latest of the following dates:

AB40,1002,9 1. The date on which the juvenile attains 18 years of age,.

AB40,1002,10 2. The date that is one year after the date on which the order is granted, or, if.

AB40,1002,14 3. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 19 years of age, the date on which the juvenile attains 19 years of age, whichever is later.

AB40,2335 Section 2335. 938.365 (5) (b) 4. of the statutes is created to read:

AB40,1002,19 938.365 (5) (b) 4. If the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile, the date on which the juvenile attains 21 years of age.

AB40,2336 Section 2336. 938.48 (4) of the statutes is amended to read:

AB40,1003,9 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the 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 for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB40,2337 Section 2337. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB40,1003,13 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.55, or is a school described in s. 38.50 440.55 (1) (e) 6., 7. or 8.; and

AB40,2338 Section 2338. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB40,1003,17 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.55, or is a school described in s. 38.50 440.55 (1) (e) 6., 7. or 8.; and

AB40,2339 Section 2339. 950.06 (2) of the statutes is amended to read:

AB40,1004,2 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation appropriations under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from the appropriations appropriation under s. 20.455 (5) (c) and (g).

AB40,2340 Section 2340. 961.41 (5) (c) 2. of the statutes is amended to read:

AB40,1004,7 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv).

AB40,2341 Section 2341. 961.472 (5) (b) of the statutes is amended to read:

AB40,1004,12 961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

AB40,2342 Section 2342. 967.11 (1) of the statutes is amended to read:

AB40,1004,17 967.11 (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

AB40,2343 Section 2343. 970.02 (8) of the statutes is created to read:

AB40,1004,25 970.02 (8) If the offense charged is a felony or an offense under s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2344 Section 2344. 971.17 (1m) (a) of the statutes is amended to read:

AB40,1005,8 971.17 (1m) (a) If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. Biological specimens required under this paragraph shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2345 Section 2345. 973.042 (3) of the statutes is repealed.

AB40,2346 Section 2346. 973.042 (5) of the statutes is amended to read:

AB40,1005,15 973.042 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (5) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).

AB40,2347 Section 2347. 973.043 (3) of the statutes is amended to read:

AB40,1005,19 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and used for the purpose of making grants to counties under s. 16.964 (12) 165.95.

AB40,2348 Section 2348. 973.045 (1) of the statutes is amended to read:

AB40,1005,25 973.045 (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge . A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by adding up the amount for every misdemeanor count and every felony count as follows:

AB40,1006,1 (a) For each misdemeanor offense or count on which a conviction occurred, $67.

AB40,1006,2 (b) For each felony offense or count on which a conviction occurred, $92.

AB40,2349 Section 2349. 973.045 (1r) of the statutes is repealed.

AB40,2350 Section 2350. 973.045 (2) of the statutes is amended to read:

AB40,1006,10 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB40,2351 Section 2351. 973.045 (2m) of the statutes is repealed.

AB40,2352 Section 2352. 973.045 (3) of the statutes is repealed.

AB40,2353 Section 2353. 973.046 (1g) of the statutes is repealed.

AB40,2354 Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.) and amended to read:

AB40,1006,19 973.046 (1r) (intro.) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as follows:

AB40,2355 Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:

AB40,1006,21 973.046 (1r) (a) For each conviction for a felony, $250.