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4is repealed.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SB804,144 18Section 144. 301.06 of the statutes is repealed.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.
SB804,181 10Section 181. 301.37 (1) of the statutes is amended to read:
SB804,52,1811 301.37 (1) The department shall fix reasonable standards and regulations for
12the design, construction, repair, and maintenance of all houses of correction,
13reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30,
14extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8),
15lockup facilities, as defined in s. 302.30, work camps under s. 303.10, and Huber
16facilities under s. 303.09, and, after consulting with the department of children and
17families, all juvenile detention facilities,
with respect to their adequacy and fitness
18for the needs which they are to serve.
SB804,182 19Section 182. 301.37 (5) of the statutes is renumbered 938.227 (4).
SB804,183 20Section 183. 302.31 (7) of the statutes, as affected by 2015 Wisconsin Act 55,
21is amended to read:
SB804,53,222 302.31 (7) The temporary placement of persons in the custody of the
23department, other than persons under 17 years of age, and persons who have
24attained the age of 17 years but have not attained the age of 25 years who are under
25the supervision of the department of children and families under s. 938.355 (4) and

1who have been taken into custody pending revocation of community supervision or
2aftercare supervision under s. 938.357 (5) (e).
SB804,184 3Section 184. 302.386 (1) of the statutes is amended to read:
SB804,53,124 302.386 (1) Except as provided in sub. (5), liability for medical and dental
5services furnished to residents housed in prisons identified in s. 302.01, in a juvenile
6correctional facility, or in a secured residential care center for children and youth,
or
7to forensic patients in state institutions for those services that are not provided by
8employees of the department shall be limited to the amounts payable under ss. 49.43
9to 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department
10may waive any such limit if it determines that needed services cannot be obtained
11for the applicable amount. No provider of services may bill the resident or patient
12for the cost of services exceeding the amount of the liability under this subsection.
SB804,185 13Section 185. 302.386 (2) (intro.) of the statutes is amended to read:
SB804,53,1814 302.386 (2) (intro.) The liability of the state for medical and dental services
15under sub. (1) does not extend to that part of the medical or dental services of a
16resident housed in a prison identified in s. 302.01, a juvenile correctional facility, or
17a secured residential care center for children and youth,
for which any of the
18following applies:
SB804,186 19Section 186. 302.386 (3) (a) of the statutes is amended to read:
SB804,53,2520 302.386 (3) (a) Except as provided in par. (b), the department may require a
21resident housed in a prison identified in s. 302.01 or in a juvenile correctional facility
22who receives medical or dental services to pay a deductible, coinsurance, copayment,
23or similar charge upon the medical or dental service that he or she receives. The
24department shall collect the allowable deductible, coinsurance, copayment, or
25similar charge.
SB804,187
1Section 187. 302.386 (5) (c) of the statutes, as affected by 2015 Wisconsin Act
255
, is repealed.
SB804,188 3Section 188. 302.386 (5) (d) of the statutes is repealed.
SB804,189 4Section 189. 303.01 (2) (em) of the statutes is amended to read:
SB804,55,25 303.01 (2) (em) Lease space, with or without equipment, within the precincts
6of state prisons, as specified in s. 302.02, or within the confines of correctional
7institutions operated by the department for holding in secure custody persons
8adjudged delinquent,
to not more than 2 private businesses to employ prison inmates
9and institution residents to manufacture products or components or to provide
10services for sale on the open market. The department shall comply with s. 16.75 in
11selecting businesses under this paragraph. The department may enter into a
12contract under this paragraph only with the approval of the joint committee on
13finance. The department may not enter into or amend a contract under this
14paragraph unless the contract or amendment specifies each state prison or juvenile
15correctional institution
at which the private business will employ inmates or
16institution residents
. The department shall consult with appropriate trade
17organizations and labor unions prior to issuing requests for proposals and prior to
18selecting proposals under this paragraph. Each such private business may conduct
19its operations as a private business, subject to the wage standards under sub. (4), the
20disposition of earnings under sub. (8), the provisions regarding displacement in sub.
21(11), the requirements for notification and hearing under sub. (1) (c), the requirement
22for prison industries board approval under s. 303.015 (1) (b) and the authority of the
23department to maintain security and control in its institutions. The private business
24and its operations are not a prison industry. Inmates employed by the private

1business are not subject to the requirements of inmates participating in prison
2industries, except as provided in this paragraph;
SB804,190 3Section 190. 303.01 (11) (a) 1. of the statutes is amended to read:
SB804,55,104 303.01 (11) (a) 1. "Displace an employee" means to lay off an employee in this
5state as a direct result of work being performed in a state prison or juvenile
6correctional institution
under a prison contract or to permanently transfer an
7employee in this state to another job that reduces the employee's base pay, excluding
8overtime, differentials, and bonuses, by more than 25% 25 percent as a direct result
9of work being performed in a state prison or juvenile correctional institution under
10a prison contract.
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