SB804,126 15Section 126. 230.08 (2) (e) 3e. of the statutes is amended to read:
SB804,39,1616 230.08 (2) (e) 3e. Corrections — 7 6.
SB804,127 17Section 127. 301.001 of the statutes is amended to read:
SB804,39,24 18301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to
19304 are to prevent delinquency and crime by an attack on their its causes; to provide
20a just, humane, and efficient program of rehabilitation of offenders; and to coordinate
21and integrate corrections programs with other social services. In creating the
22department of corrections, chs. 301 to 304, the legislature intends that the state
23continue to avoid sole reliance on incarceration of offenders and continue to develop,
24support and maintain professional community programs and placements.
SB804,128
1Section 128. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act 55,
2is repealed.
SB804,129 3Section 129. 301.01 (4) of the statutes is amended to read:
SB804,40,54 301.01 (4) "State correctional institution" means a state prison under s. 302.01
5or a juvenile correctional facility operated by the department.
SB804,130 6Section 130. 301.025 of the statutes, as affected by 2015 Wisconsin Act 55,
7section 4224, is renumbered 938.524 and amended to read:
SB804,40,12 8938.524 Division of juvenile corrections. The division of juvenile
9corrections shall exercise the powers and perform the duties of the department that
10relate to juvenile correctional services and institutions, juvenile offender review,
11community supervision under s. 938.533, and the serious juvenile offender program
12under s. 938.538, and youth aids under s. 938.526.
SB804,131 13Section 131. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act 55,
14section 4227b, is amended to read:
SB804,40,2215 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all
16persons placed under court-ordered departmental supervision under s. 938.34 (2),
17all persons placed in the serious juvenile offender program under s. 938.34 (4h), all
18persons placed in a juvenile correctional facility or a secured residential treatment
19center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed
20under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons
21placed in an experiential education program under the supervision of the
22department under s. 938.34 (7g)
.
SB804,132 23Section 132. 301.03 (10) (a) of the statutes, as affected by 2015 Wisconsin Act
2455
, is renumbered 938.485 (10) (a).
SB804,133
1Section 133. 301.03 (10) (b) of the statutes, as affected by 2015 Wisconsin Act
255
, is renumbered 938.485 (10) (b).
SB804,134 3Section 134. 301.03 (10) (c) of the statutes, as affected by 2015 Wisconsin Act
455
, is renumbered 938.485 (10) (c) and amended to read:
SB804,41,155 938.485 (10) (c) Promote the enforcement of laws for the protection of
6delinquent juveniles under its jurisdiction. To this end, the department shall
7cooperate with the courts assigned to exercise jurisdiction under chs. 48 and 938, the
8department of children and families
, county departments under ss. 46.215, 46.22,
9and 46.23
, licensed child welfare agencies, and institutions in providing
10community-based programming, including in-home programming and intensive
11supervision, for delinquent juveniles under its jurisdiction. The department shall
12also establish and enforce standards for the development and delivery of services
13provided by the department under ch. 938 this chapter in regard to juveniles who
14have been adjudicated delinquent and placed under the jurisdiction of the
15department.
SB804,135 16Section 135. 301.03 (10) (d) of the statutes, as affected by 2015 Wisconsin Act
1755
, is renumbered 938.485 (10) (d).
SB804,136 18Section 136. 301.03 (10) (e) of the statutes is renumbered 938.485 (10) (e).
SB804,137 19Section 137. 301.03 (10) (f) of the statutes is renumbered 938.485 (10) (f).
SB804,138 20Section 138. 301.03 (10) (g) of the statutes is renumbered 938.485 (10) (g) and
21amended to read:
SB804,42,222 938.485 (10) (g) Keep statistics, by race, age, and gender, of the number of
23juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938
24waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was

1ordered and annually report those statistics to the governor, and to the appropriate
2standing committees under s. 13.172 (3).
SB804,139 3Section 139. 301.03 (18) of the statutes, as affected by 2015 Wisconsin Act 55,
4is repealed.
SB804,140 5Section 140. 301.031 of the statutes, as affected by 2015 Wisconsin Act 55, is
6repealed.
SB804,141 7Section 141. 301.032 of the statutes, as affected by 2015 Wisconsin Act 55, is
8repealed.
SB804,142 9Section 142. 301.035 (2) of the statutes is amended to read:
SB804,42,1210 301.035 (2) Assign hearing examiners from the division to preside over
11hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and 975.10
12(2) and ch. 304.
SB804,143 13Section 143. 301.035 (4) of the statutes is amended to read:
SB804,42,1714 301.035 (4) Supervise employees in the conduct of the activities of the division
15and be the administrative reviewing authority for decisions of the division under ss.
16302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2), and 975.10 (2)
17and ch. 304.
SB804,144 18Section 144. 301.06 of the statutes is repealed.
SB804,145 19Section 145. 301.07 of the statutes, as affected by 2015 Wisconsin Act 55, is
20amended to read:
SB804,42,24 21301.07 Cooperation and contracts with federal government. The
22department may cooperate with the federal government in carrying out federal acts
23concerning adult corrections and juvenile correctional services and may enter into
24contracts with the federal government under 18 USC 5003.
SB804,146
1Section 146. 301.08 (1) (b) 3. of the statutes is renumbered 938.485 (18) (b) and
2amended to read:
SB804,43,143 938.485 (18) (b) Contract with public, private, or voluntary agencies for the
4supervision, maintenance, and operation of juvenile correctional facilities,
5residential care centers for children and youth, as defined in s. 938.02 (15d), and
6secured residential care centers for children and youth for the placement of juveniles
7who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183
8or 938.34 (4d), (4h), or (4m). The department may designate juvenile correctional
9facility, residential care center for children and youth, or a secured residential care
10center for children and youth contracted for under this subdivision paragraph as a
11Type 2 juvenile correctional facility, as defined in s. 938.02 (20), and may designate
12a residential care center for children and youth or secured residential care center for
13children and youth contracted for under this subdivision as a Type 2 residential care
14center for children and youth, as defined in s. 938.02 (19r).
SB804,147 15Section 147. 301.08 (2) (a) of the statutes, as affected by 2015 Wisconsin Act
1655
, is amended to read:
SB804,43,2417 301.08 (2) (a) All care and services purchased by the department and all
18juvenile correctional services purchased by a county department under s. 46.215,
1946.22, or 46.23
shall be authorized and contracted for under the standards
20established under this subsection. For purchases of $10,000 or less the requirement
21for a written contract may be waived by the department. No contract is required for
22care provided by foster homes required to be licensed under s. 48.62.
If the
23department directly contracts for services, it shall follow the procedures in this
24subsection in addition to meeting purchasing requirements established in s. 16.75.
SB804,148 25Section 148. 301.08 (2) (d) 5. of the statutes is repealed.
SB804,149
1Section 149. 301.085 (2) of the statutes, as affected by 2015 Wisconsin Act 55,
2is repealed.
SB804,150 3Section 150. 301.085 (4) of the statutes is repealed.
SB804,151 4Section 151. 301.12 of the statutes, as affected by 2015 Wisconsin Acts 55 and
5.... (Senate Bill 387), is repealed.
SB804,152 6Section 152. 301.20 of the statutes is renumbered 938.522.
SB804,153 7Section 153. 301.205 of the statutes is renumbered 938.485 (19) and amended
8to read:
SB804,44,139 938.485 (19) Reimbursement to visiting families. The department may
10reimburse
Reimburse families visiting girls at a juvenile correctional facility. If the
11department decides to provide the reimbursement, the department shall establish
12criteria for the level of reimbursement, which shall include family income and size
13and other relevant factors.
SB804,154 14Section 154. 301.26 (title) of the statutes, as affected by 2015 Wisconsin Act
1555
, is repealed.
SB804,155 16Section 155. 301.26 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
17is repealed.
SB804,156 18Section 156. 301.26 (4) (title) of the statutes is renumbered 938.526 (4) (title).
SB804,157 19Section 157. 301.26 (4) (a) of the statutes, as affected by 2015 Wisconsin Act
2055
, is renumbered 938.526 (4) (a) and amended to read:
SB804,45,821 938.526 (4) (a) Except as provided in pars. (c) and (cm), the department of
22corrections
shall bill counties, or the department of children and families shall
23deduct from the allocations under s. 20.437 (1) (4) (cj), for the costs of care, services,
24and supplies purchased or provided by the department of corrections of children and
25families
for each person receiving services under s. 938.183 or 938.34 or the

1department of health services for each person receiving services under s. 46.057 or
251.35 (3). The department of corrections may not bill a county, and the department
3of children and families may not
or deduct from a county's allocation, for the cost of
4care, services, and supplies provided to a person subject to an order under s. 938.183
5after the person reaches 18 years of age. Payment shall be due within 60 days after
6the billing date. If any payment has not been received within those 60 days, the
7department of children and families may withhold aid payments in the amount due
8from the appropriation under s. 20.437 (1) (4) (cj).
SB804,158 9Section 158. 301.26 (4) (b) of the statutes, as affected by 2015 Wisconsin Act
1055
, is renumbered 938.526 (4) (b) and amended to read:
SB804,45,2511 938.526 (4) (b) Assessment of costs under par. (a) shall be made periodically on
12the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4.
13Except as provided in pars. (bm), (c), and (cm), liability shall apply to the county
14departments under s. 46.215, 46.22, or 46.23 department in the county of the court
15exercising jurisdiction under ch. 938 for each person receiving services from the
16department of corrections children and families under s. 938.183 or 938.34 or the
17department of health services under s. 46.057 or 51.35 (3). Except as provided in
18pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency
19within the jurisdiction shall be liable for costs under this subsection. Assessment of
20costs under par. (a) shall also be made according to the general placement type or
21level of care provided, as defined by the department, and prorated according to the
22ratio of the amount designated under s. 48.526 sub. (3) (c) to the total applicable
23estimated costs of care, services, and supplies provided by the department of
24corrections children and families under ss. 938.183 and 938.34 and the department
25of health services under s. 46.057 or 51.35 (3).
SB804,159
1Section 159. 301.26 (4) (bm) of the statutes, as affected by 2015 Wisconsin Act
255
, is renumbered 938.526 (4) (bm) and amended to read:
SB804,46,103 938.526 (4) (bm) Notwithstanding par. (b), the county department under s.
446.215, 46.22, or 46.23
of the county of residency of a juvenile who has been
5adjudicated delinquent by a court of another county or by a court of another
6multicounty jurisdiction may voluntarily assume liability for the costs payable
7under par. (a). A county department may assume liability under this paragraph by
8a written agreement signed by the director of the county department that assumes
9liability under this paragraph and the director of the county department that is
10otherwise liable under par. (b).
SB804,160 11Section 160. 301.26 (4) (c) of the statutes is renumbered 938.526 (4) (c) and
12amended to read:
SB804,46,1813 938.526 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of
14corrections
shall pay, from the appropriation under s. 20.410 (3) 20.437 (4) (hm), (ho).
15or (hr), the costs of care, services, and supplies provided for each person receiving
16services under s. 46.057, 51.35 (3), 938.183, or 938.34 who was under the
17guardianship of the department of children and families pursuant to an order under
18ch. 48 at the time that the person was adjudicated delinquent.
SB804,161 19Section 161. 301.26 (4) (cm) 1. of the statutes, as affected by 2015 Wisconsin
20Act 55
, is renumbered 938.526 (4) (cm) 1. and amended to read:
SB804,47,1021 938.526 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
22shall transfer funds from the appropriation under s. 20.410 (3) 20.437 (4) (cg) to the
23appropriations under s. 20.410 (3) 20.437 (4) (hm), (ho), and (hr) for the purpose of
24reimbursing juvenile correctional facilities, secured residential care centers for
25children and youth, alternate care providers, and community supervision providers

1for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of
2age or over who has been placed in a juvenile correctional facility based on a
3delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999
4stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225
5(1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2),
6948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those
7violations, or that is an attempted violation of s. 943.32 (2) and for the care of any
8juvenile 10 years of age or over who has been placed in a juvenile correctional facility
9or secured residential care center for children and youth for attempting or
10committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
SB804,162 11Section 162. 301.26 (4) (cm) 3. of the statutes is renumbered 938.526 (4) (cm)
123.
SB804,163 13Section 163. 301.26 (4) (ct) of the statutes is renumbered 938.526 (4) (ct) and
14amended to read:
SB804,48,215 938.526 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52,
1620.002 (11), and 20.903, if there is a deficit in the appropriation account under s.
1720.410 (3) 20.437 (4) (hm) at the close of a fiscal year, any unencumbered balance in
18the appropriation account under s. 20.410 (3) 20.437 (4) (ho) at the close of that fiscal
19year, less the amounts required by s. 20.410 (3) 20.437 (4) (ho) to be remitted to
20counties or transferred to the appropriation account under s. 20.410 (3) 20.437 (4)
21(kx), and any unencumbered balance in the appropriation account under s. 20.410
22(3)
20.437 (4) (hr) at the close of that fiscal year, shall be transferred to the
23appropriation account under s. 20.410 (3) 20.437 (4) (hm), up to the amount that
24when added to other amounts credited to that appropriation account in that fiscal

1year equals the amount shown in the schedule under s. 20.005 (3) for that
2appropriation account for that fiscal year.
SB804,48,93 2. The total amount transferred at the end of a fiscal year under subd. 1. may
4not exceed the amount of the deficit in the appropriation account under s. 20.410 (3)
520.437 (4) (hm) for that fiscal year, and if that deficit is less than the total amount
6of the unencumbered balances available for transfer under subd. 1., the amount
7transferred from the appropriation accounts under s. 20.410 (3) 20.437 (4) (ho) and
8(hr) shall be in proportion to the respective unencumbered balance available for
9transfer from each of those appropriation accounts.
SB804,164 10Section 164. 301.26 (4) (cx) of the statutes, as affected by 2015 Wisconsin Act
1155
, is renumbered 938.526 (4) (cx) and amended to read:
SB804,48,1912 938.526 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903,
13there is a deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) at
14the close of a fiscal biennium, the governor shall, to address that deficit, increase
15each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile
16correctional facility and for care for juveniles transferred from a correctional
17institution by $6, in addition to any increase due to actual costs, in the executive
18budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) 20.437 (4)
19(hm) is eliminated.
SB804,165 20Section 165. 301.26 (4) (d) 1. of the statutes is renumbered 938.526 (4) (d) 1.
21and amended to read:
SB804,48,2522 938.526 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
23938.34, all payments and deductions made under this subsection and uniform fee
24collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation
25account under s. 20.410 (3) 20.437 (4) (hm).
SB804,166
1Section 166. 301.26 (4) (d) 1m. of the statutes is renumbered 938.526 (4) (d)
21m. and amended to read:
SB804,49,63 938.526 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s.
4938.183, all payments and deductions made under this subsection and uniform fee
5collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation
6account under s. 20.410 (3) 20.437 (4) (hm).
SB804,167 7Section 167. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act
855
, section 4270, is renumbered 938.526 (4) (d) 2. and amended to read:
SB804,49,129 938.526 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the
10per person daily cost assessment to counties shall be $284 for care in a Type 1
11juvenile correctional facility, as defined in s. 938.02 (19), and $284 for care for
12juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
SB804,168 13Section 168. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act
1455
, section 4272, is renumbered 938.526 (4) (d) 3. and amended to read:
SB804,49,1815 938.526 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the
16per person daily cost assessment to counties shall be $292 for care in a Type 1
17juvenile correctional facility, as defined in s. 938.02 (19), and $292 for care for
18juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
SB804,169 19Section 169. 301.26 (4) (d) 4. of the statutes is renumbered 938.526 (4) (d) 4.
20and amended to read:
SB804,49,2421 938.526 (4) (d) 4. The per person daily cost assessment to counties for care in
22a foster home, group home, or residential care center for children and youth shall be
23an amount equal to the amount the provider charges the department for that care
24as authorized by the department of children and families.
SB804,170
1Section 170. 301.26 (4) (d) 5. of the statutes, as created by 2015 Wisconsin Act
255
, is renumbered 938.526 (4) (d) 5.
SB804,171 3Section 171. 301.26 (4) (dt) of the statutes is renumbered 938.526 (4) (dt) and
4amended to read:
SB804,50,75 938.526 (4) (dt) Except as provided in pars. (e) to (g), for serious juvenile
6offender services, all uniform fee collections under s. 301.03 (18) 49.32 (1) shall be
7credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).
SB804,172 8Section 172. 301.26 (4) (e) of the statutes is renumbered 938.526 (4) (e) and
9amended to read:
SB804,50,1410 938.526 (4) (e) For alternate care services for delinquent juveniles under ss.
1149.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 all payments and
12deductions made under this subsection and uniform fee collections under s. 301.03
13(18)
49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437
14(4)
(ho).
SB804,173 15Section 173. 301.26 (4) (ed) of the statutes is renumbered 938.526 (4) (ed) and
16amended to read:
SB804,50,2017 938.526 (4) (ed) For alternate care services for serious juvenile offenders under
18ss. 49.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 all uniform fee
19collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation
20account under s. 20.410 (3) 20.437 (4) (ho).
SB804,174 21Section 174. 301.26 (4) (eg) of the statutes, as affected by 2015 Wisconsin Act
2255
, is renumbered 938.526 (4) (eg) and amended to read:
SB804,51,223 938.526 (4) (eg) For community supervision services under s. 938.533 (2), all
24payments and deductions made under this subsection and uniform fee collections

1under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under
2s. 20.410 (3) 20.437 (4) (hr).
SB804,175 3Section 175. 301.26 (4) (f) of the statutes is renumbered 938.526 (4) (f).
SB804,176 4Section 176. 301.26 (4) (g) of the statutes, as affected by 2015 Wisconsin Act
555
, is renumbered 938.526 (4) (g) and amended to read:
SB804,51,96 938.526 (4) (g) For juvenile institutional services under ch. 938 and for the
7office of juvenile offender review, all payments and deductions made under this
8subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited
9to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).
SB804,177 10Section 177. 301.27 (1) of the statutes is amended to read:
SB804,51,1911 301.27 (1) Charges. In compliance with the compensation plan established
12under s. 230.12 (3), the department may make and determine charges for meals,
13living quarters, laundry, and other services furnished to employees of the state
14correctional institutions and members of the employee's family maintained as such.
15All moneys received from each person on account of these services shall be used for
16operation of the institutions under s. 20.410 (1) (a) and (3) (a) and (hm). If a chaplain
17employed in any institution administered by the department is not furnished a
18residence by the state, $1,800 or 20% 20 percent of the chaplain's salary, whichever
19is greater, is designated as his or her housing allowance.
SB804,178 20Section 178. 301.335 of the statutes is renumbered 938.54 (2) and amended
21to read:
SB804,52,222 938.54 (2) Treatment records. Section 51.30 applies to treatment records, as
23defined in s. 51.30 (1) (b), maintained by the department of corrections in regard to
24children juveniles who have been adjudged delinquent. The department has the
25same authority, including rule-making authority, with regard to treatment records

1maintained by the department that is granted to the department of health services
2under s. 51.30.
SB804,179 3Section 179. 301.35 (2) (e) of the statutes is repealed.
SB804,180 4Section 180. 301.36 (1) of the statutes is amended to read:
SB804,52,95 301.36 (1) General authority. The department shall investigate and
6supervise all of the state prisons under s. 302.01, all juvenile correctional facilities,
7all secured residential care centers for children and youth, and all juvenile detention
8facilities
and familiarize itself with all of the circumstances affecting their
9management and usefulness.
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