SB378: Bill Text

SB378,98 Section 98. 48.528 (3) of the statutes is renumbered 938.528 (3).

SB378,99 Section 99. 49.11 (1c) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB378,100 Section 100 . 49.175 (1) (intro.) of the statutes is amended to read:

SB378,27,15 49.175 (1) Allocation of funds. (intro.) Except as provided in subs. (2) and (3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (5) (kp), the department shall allocate the following amounts for the following purposes:

SB378,101 Section 101. 49.175 (3) of the statutes is amended to read:

SB378,27,20 49.175 (3) Limit on certain funds. Moneys from the appropriation account under s. 20.437 (3) (5) (kp) for the allocations specified in sub. (1) shall be limited to $4,730,300 and may be expended only for obligations incurred between October 1, 2015, and September 30, 2016.

SB378,102 Section 102. 49.275 of the statutes is amended to read:

SB378,28,2 49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter, child welfare under ch. 48, and community-based juvenile delinquency-related services under ch. 938 and in other matters of mutual concern pertaining to public welfare, child welfare, and juvenile delinquency under this subchapter and chs. 48 and 938.

SB378,103 Section 103. 49.32 (1) (a) of the statutes is amended to read:

SB378,28,12 49.32 (1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services under this subchapter and ch. chs. 48, and community-based juvenile delinquency-related services under ch. 938, and 938 purchased or provided by the department or by a county department under s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

SB378,104 Section 104. 49.32 (2) (b) of the statutes is amended to read:

SB378,28,18 49.32 (2) (b) The department may make social services payments and payments for community-based juvenile delinquency-related services directly to recipients, vendors, or providers in accordance with law and rules of the department on behalf of the counties that have contracts to have those payments made on their behalf.

SB378,105 Section 105. 49.32 (2) (d) of the statutes is amended to read:

SB378,28,21 49.32 (2) (d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 48.569 or 938.526.

SB378,106 Section 106. 49.325 (1) (a) of the statutes is amended to read:

SB378,29,2 49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services purchased or directly provided under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. or 938 to the department by December 31 annually.

SB378,107 Section 107. 49.325 (2) of the statutes is amended to read:

SB378,29,9 49.325 (2) Assessment of needs. Before developing and submitting a proposed budget for services purchased or directly provided under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. or 938 to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

SB378,108 Section 108. 49.325 (2g) (a) of the statutes is amended to read:

SB378,30,2 49.325 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services purchased or directly provided under this subchapter or ch. 48, for community-based juvenile delinquency-related services purchased or directly provided under ch. 938, or 938 and for such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

SB378,109 Section 109. 49.325 (2g) (b) of the statutes is amended to read:

SB378,30,9 49.325 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for community-based juvenile delinquency-related services under ch. 938. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department.

SB378,110 Section 110. 49.325 (2g) (c) of the statutes is amended to read:

SB378,30,15 49.325 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of services under this subchapter or ch. 48 or of community-based juvenile delinquency-related services under ch. 938 to the committee for review and approval.

SB378,111 Section 111. 49.325 (2r) (a) 1. of the statutes is amended to read:

SB378,30,21 49.325 (2r) (a) 1. For services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 that duplicate or are inconsistent with services being purchased or provided by the department or other county departments receiving grants-in-aid or reimbursement from the department.

SB378,112 Section 112. 49.325 (2r) (a) 2. of the statutes is amended to read:

SB378,31,4 49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for the provision of services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

SB378,113 Section 113. 49.34 (1) of the statutes is amended to read:

SB378,31,16 49.34 (1) All services under this subchapter and ch. chs. 48 and all community-based juvenile delinquency-related services under ch. 938 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, the department shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

SB378,114 Section 114. 49.34 (2) of the statutes is amended to read:

SB378,31,24 49.34 (2) All services purchased under this subchapter and ch. chs. 48 and all community-based juvenile delinquency-related services purchased under ch. 938 shall meet standards established by the department and other requirements specified by the purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of the services, and document the specific services in meeting the service plan for the client and the objective of the service.

SB378,115 Section 115. 49.35 (1) (a) of the statutes is amended to read:

SB378,32,8 49.35 (1) (a) The department shall supervise the administration of programs under this subchapter and ch. chs. 48 and of community-based juvenile delinquency-related programs under ch. 938. The department shall submit to the federal authorities state plans for the administration of programs under this subchapter and ch. chs. 48 and of community-based juvenile delinquency-related programs under ch. 938 in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

SB378,116 Section 116. 49.35 (1) (b) of the statutes is amended to read:

SB378,32,18 49.35 (1) (b) All records of the department and all county records relating to programs under this subchapter and ch. chs. 48, community-based juvenile delinquency-related programs under ch. and 938, and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of the services and public assistance specified in this paragraph shall be open to inspection at all reasonable hours by authorized representatives of the department.

SB378,117 Section 117. 49.35 (2) of the statutes is amended to read:

SB378,32,23 49.35 (2) The county administration of all laws relating to programs under this subchapter and ch. chs. 48 and to community-based juvenile delinquency-related programs under ch. 938 shall be vested in the officers and agencies designated in the statutes.

SB378,118 Section 118. 49.45 (6m) (br) 1. of the statutes is amended to read:

SB378,33,7 49.45 (6m) (br) 1. Notwithstanding s. 20.435 (7) (b) or 20.437 (1) (cj) or (2) (dz) or (4) (cj), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (7) (b), or the department shall direct the department of children and families to reduce allocations of funds to counties or Wisconsin Works agencies in the amount of the disallowance from the appropriation account under s. 20.437 (1) (cj) or (2) (dz) or (4) (cj), in accordance with s. 16.544 to the extent applicable.

SB378,119 Section 119. 49.45 (25) (bj) of the statutes is amended to read:

SB378,33,16 49.45 (25) (bj) The department of corrections children and families may elect to provide case management services under this subsection to persons who are under the supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under s. 20.410 (3) 20.437 (4) (hm), (ho), or (hr).

SB378,120 Section 120. 49.855 (2p) of the statutes is repealed.

SB378,121 Section 121. 49.855 (3) of the statutes is amended to read:

SB378,34,16 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), or 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

SB378,122 Section 122. 49.855 (4m) (b) of the statutes is amended to read:

SB378,35,21 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), or 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

SB378,123 Section 123. 59.24 of the statutes is amended to read:

SB378,36,15 59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county that is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If Claims for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01 shall be filed with the department of corrections and, if the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or. Claims for reimbursement of expenses involving a juvenile in a juvenile correctional facility, as defined in s. 938.02 (10p), shall be filed with the department of children and families and, if the claims are approved by the department of children and families, they shall be certified to the department of administration and paid from the appropriation under s. 20.410 (3) 20.437 (4) (c), if the claim is for reimbursement of expenses involving a juvenile in a juvenile correctional facility, as defined in s. 938.02 (10p).

SB378,124 Section 124. 102.27 (2) (a) of the statutes is amended to read:

SB378,36,18 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).

SB378,125 Section 125. 230.08 (2) (e) 2m. of the statutes is amended to read:

SB378,36,20 230.08 (2) (e) 2m. Children and families — 9 10.

SB378,126 Section 126. 230.08 (2) (e) 3e. of the statutes is amended to read:

SB378,36,22 230.08 (2) (e) 3e. Corrections — 7 6.

SB378,127 Section 127. 301.001 of the statutes is amended to read:

SB378,37,5 301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on their its causes; to provide a just, humane, and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.

SB378,128 Section 128. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB378,129 Section 129. 301.01 (4) of the statutes is amended to read:

SB378,37,10 301.01 (4) “State correctional institution" means a state prison under s. 302.01 or a juvenile correctional facility operated by the department.

SB378,130 Section 130. 301.025 of the statutes, as affected by 2015 Wisconsin Act 55, section 4224, is renumbered 938.524 and amended to read:

SB378,37,17 938.524 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538, and youth aids under s. 938.526.

SB378,131 Section 131. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act 55, section 4227b, is amended to read:

SB378,38,2 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g).

SB378,132 Section 132. 301.03 (10) (a) of the statutes is renumbered 938.485 (10) (a).

SB378,133 Section 133. 301.03 (10) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.485 (10) (b).

SB378,134 Section 134. 301.03 (10) (c) of the statutes is renumbered 938.485 (10) (c) and amended to read:

SB378,38,18 938.485 (10) (c) Promote the enforcement of laws for the protection of delinquent juveniles under its jurisdiction. To this end, the department shall cooperate with the courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 this chapter in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.

SB378,135 Section 135. 301.03 (10) (d) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.485 (10) (d).

SB378,136 Section 136. 301.03 (10) (e) of the statutes is renumbered 938.485 (10) (e).

SB378,137 Section 137. 301.03 (10) (f) of the statutes is renumbered 938.485 (10) (f).

SB378,138 Section 138. 301.03 (10) (g) of the statutes is renumbered 938.485 (10) (g) and amended to read:

SB378,39,5 938.485 (10) (g) Keep statistics, by race, age, and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).

SB378,139 Section 139. 301.03 (18) of the statutes is repealed.

SB378,140 Section 140. 301.031 of the statutes is repealed.

SB378,141 Section 141. 301.032 of the statutes is repealed.

SB378,142 Section 142. 301.035 (2) of the statutes is amended to read:

SB378,39,12 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and 975.10 (2) and ch. 304.

SB378,143 Section 143. 301.035 (4) of the statutes is amended to read:

SB378,39,17 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2), and 975.10 (2) and ch. 304.

SB378,144 Section 144. 301.06 of the statutes is repealed.

SB378,145 Section 145. 301.07 of the statutes is amended to read:

SB378,39,23 301.07 Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and juvenile correctional services and may enter into contracts with the federal government under 18 USC 5003.

SB378,146 Section 146. 301.08 (1) (b) 3. of the statutes is renumbered 938.485 (18) (b) and amended to read:

SB378,40,12 938.485 (18) (b) Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of juvenile correctional facilities, residential care centers for children and youth, as defined in s. 938.02 (15d), and secured residential care centers for children and youth for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m). The department may designate juvenile correctional facility, residential care center for children and youth, or a secured residential care center for children and youth contracted for under this subdivision paragraph as a Type 2 juvenile correctional facility, as defined in s. 938.02 (20), and may designate a residential care center for children and youth or secured residential care center for children and youth contracted for under this subdivision as a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r).

SB378,147 Section 147. 301.08 (2) (a) of the statutes is amended to read:

SB378,40,21 301.08 (2) (a) All care and services purchased by the department and all juvenile correctional services purchased by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75.

SB378,148 Section 148. 301.08 (2) (d) 5. of the statutes is repealed.

SB378,149 Section 149. 301.085 (2) of the statutes is repealed.