SB378,126 21Section 126. 230.08 (2) (e) 3e. of the statutes is amended to read:
SB378,36,2222 230.08 (2) (e) 3e. Corrections — 7 6.
SB378,127 23Section 127. 301.001 of the statutes is amended to read:
SB378,37,5 24301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to
25304 are to prevent delinquency and crime by an attack on their its causes; to provide

1a just, humane, and efficient program of rehabilitation of offenders; and to coordinate
2and integrate corrections programs with other social services. In creating the
3department of corrections, chs. 301 to 304, the legislature intends that the state
4continue to avoid sole reliance on incarceration of offenders and continue to develop,
5support and maintain professional community programs and placements.
SB378,128 6Section 128. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act 55,
7is repealed.
SB378,129 8Section 129. 301.01 (4) of the statutes is amended to read:
SB378,37,109 301.01 (4) “State correctional institution" means a state prison under s. 302.01
10or a juvenile correctional facility operated by the department.
SB378,130 11Section 130. 301.025 of the statutes, as affected by 2015 Wisconsin Act 55,
12section 4224, is renumbered 938.524 and amended to read:
SB378,37,17 13938.524 Division of juvenile corrections. The division of juvenile
14corrections shall exercise the powers and perform the duties of the department that
15relate to juvenile correctional services and institutions, juvenile offender review,
16community supervision under s. 938.533, and the serious juvenile offender program
17under s. 938.538, and youth aids under s. 938.526.
SB378,131 18Section 131. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act 55,
19section 4227b, is amended to read:
SB378,38,220 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all
21persons placed under court-ordered departmental supervision under s. 938.34 (2),
22all persons placed in the serious juvenile offender program under s. 938.34 (4h), all
23persons placed in a juvenile correctional facility or a secured residential treatment
24center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed
25under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons

1placed in an experiential education program under the supervision of the
2department under s. 938.34 (7g)
.
SB378,132 3Section 132. 301.03 (10) (a) of the statutes is renumbered 938.485 (10) (a).
SB378,133 4Section 133. 301.03 (10) (b) of the statutes, as affected by 2015 Wisconsin Act
555
, is renumbered 938.485 (10) (b).
SB378,134 6Section 134. 301.03 (10) (c) of the statutes is renumbered 938.485 (10) (c) and
7amended to read:
SB378,38,188 938.485 (10) (c) Promote the enforcement of laws for the protection of
9delinquent juveniles under its jurisdiction. To this end, the department shall
10cooperate with the courts assigned to exercise jurisdiction under chs. 48 and 938, the
11department of children and families
, county departments under ss. 46.215, 46.22,
12and 46.23
, licensed child welfare agencies, and institutions in providing
13community-based programming, including in-home programming and intensive
14supervision, for delinquent juveniles under its jurisdiction. The department shall
15also establish and enforce standards for the development and delivery of services
16provided by the department under ch. 938 this chapter in regard to juveniles who
17have been adjudicated delinquent and placed under the jurisdiction of the
18department.
SB378,135 19Section 135. 301.03 (10) (d) of the statutes, as affected by 2015 Wisconsin Act
2055
, is renumbered 938.485 (10) (d).
SB378,136 21Section 136. 301.03 (10) (e) of the statutes is renumbered 938.485 (10) (e).
SB378,137 22Section 137. 301.03 (10) (f) of the statutes is renumbered 938.485 (10) (f).
SB378,138 23Section 138. 301.03 (10) (g) of the statutes is renumbered 938.485 (10) (g) and
24amended to read:
SB378,39,5
1938.485 (10) (g) Keep statistics, by race, age, and gender, of the number of
2juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938
3waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was
4ordered and annually report those statistics to the governor, and to the appropriate
5standing committees under s. 13.172 (3).
SB378,139 6Section 139. 301.03 (18) of the statutes is repealed.
SB378,140 7Section 140. 301.031 of the statutes is repealed.
SB378,141 8Section 141. 301.032 of the statutes is repealed.
SB378,142 9Section 142. 301.035 (2) of the statutes is amended to read:
SB378,39,1210 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.
SB378,143 13Section 143. 301.035 (4) of the statutes is amended to read:
SB378,39,1714 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.
SB378,144 18Section 144. 301.06 of the statutes is repealed.
SB378,145 19Section 145. 301.07 of the statutes is amended to read:
SB378,39,23 20301.07 Cooperation and contracts with federal government. The
21department may cooperate with the federal government in carrying out federal acts
22concerning adult corrections and juvenile correctional services and may enter into
23contracts with the federal government under 18 USC 5003.
SB378,146 24Section 146. 301.08 (1) (b) 3. of the statutes is renumbered 938.485 (18) (b) and
25amended to read:
SB378,40,12
1938.485 (18) (b) Contract with public, private, or voluntary agencies for the
2supervision, maintenance, and operation of juvenile correctional facilities,
3residential care centers for children and youth, as defined in s. 938.02 (15d), and
4secured residential care centers for children and youth for the placement of juveniles
5who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183
6or 938.34 (4d), (4h), or (4m). The department may designate juvenile correctional
7facility, residential care center for children and youth, or a secured residential care
8center for children and youth contracted for under this subdivision paragraph as a
9Type 2 juvenile correctional facility, as defined in s. 938.02 (20), and may designate
10a residential care center for children and youth or secured residential care center for
11children and youth contracted for under this subdivision as a Type 2 residential care
12center for children and youth, as defined in s. 938.02 (19r).
SB378,147 13Section 147. 301.08 (2) (a) of the statutes is amended to read:
SB378,40,2114 301.08 (2) (a) All care and services purchased by the department and all
15juvenile correctional services purchased by a county department under s. 46.215,
1646.22, or 46.23
shall be authorized and contracted for under the standards
17established under this subsection. For purchases of $10,000 or less the requirement
18for a written contract may be waived by the department. No contract is required for
19care provided by foster homes required to be licensed under s. 48.62.
If the
20department directly contracts for services, it shall follow the procedures in this
21subsection in addition to meeting purchasing requirements established in s. 16.75.
SB378,148 22Section 148. 301.08 (2) (d) 5. of the statutes is repealed.
SB378,149 23Section 149. 301.085 (2) of the statutes is repealed.
SB378,150 24Section 150. 301.085 (4) of the statutes is repealed.
SB378,151 25Section 151. 301.12 of the statutes is repealed.
SB378,152
1Section 152. 301.20 of the statutes is renumbered 938.522.
SB378,153 2Section 153. 301.205 of the statutes is renumbered 938.485 (19) and amended
3to read:
SB378,41,84 938.485 (19) Reimbursement to visiting families. The department may
5reimburse
Reimburse families visiting girls at a juvenile correctional facility. If the
6department decides to provide the reimbursement, the department shall establish
7criteria for the level of reimbursement, which shall include family income and size
8and other relevant factors.
SB378,154 9Section 154. 301.26 (title) of the statutes is repealed.
SB378,155 10Section 155. 301.26 (1) of the statutes is repealed.
SB378,156 11Section 156. 301.26 (4) (title) of the statutes is renumbered 938.526 (4) (title).
SB378,157 12Section 157. 301.26 (4) (a) of the statutes is renumbered 938.526 (4) (a) and
13amended to read:
SB378,42,214 938.526 (4) (a) Except as provided in pars. (c) and (cm), the department of
15corrections
shall bill counties, or the department of children and families shall
16deduct from the allocations under s. 20.437 (1) (4) (cj), for the costs of care, services,
17and supplies purchased or provided by the department of corrections of children and
18families
for each person receiving services under s. 938.183 or 938.34 or the
19department of health services for each person receiving services under s. 46.057 or
2051.35 (3). The department of corrections may not bill a county, and the department
21of children and families may not
or deduct from a county's allocation, for the cost of
22care, services, and supplies provided to a person subject to an order under s. 938.183
23after the person reaches 18 years of age. Payment shall be due within 60 days after
24the billing date. If any payment has not been received within those 60 days, the

1department of children and families may withhold aid payments in the amount due
2from the appropriation under s. 20.437 (1) (4) (cj).
SB378,158 3Section 158. 301.26 (4) (b) of the statutes is renumbered 938.526 (4) (b) and
4amended to read:
SB378,42,195 938.526 (4) (b) Assessment of costs under par. (a) shall be made periodically on
6the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4.
7Except as provided in pars. (bm), (c), and (cm), liability shall apply to the county
8departments under s. 46.215, 46.22, or 46.23 department in the county of the court
9exercising jurisdiction under ch. 938 for each person receiving services from the
10department of corrections children and families under s. 938.183 or 938.34 or the
11department of health services under s. 46.057 or 51.35 (3). Except as provided in
12pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency
13within the jurisdiction shall be liable for costs under this subsection. Assessment of
14costs under par. (a) shall also be made according to the general placement type or
15level of care provided, as defined by the department, and prorated according to the
16ratio of the amount designated under s. 48.526 sub. (3) (c) to the total applicable
17estimated costs of care, services, and supplies provided by the department of
18corrections children and families under ss. 938.183 and 938.34 and the department
19of health services under s. 46.057 or 51.35 (3).
SB378,159 20Section 159. 301.26 (4) (bm) of the statutes is renumbered 938.526 (4) (bm)
21and amended to read:
SB378,43,422 938.526 (4) (bm) Notwithstanding par. (b), the county department under s.
2346.215, 46.22, or 46.23
of the county of residency of a juvenile who has been
24adjudicated delinquent by a court of another county or by a court of another
25multicounty jurisdiction may voluntarily assume liability for the costs payable

1under par. (a). A county department may assume liability under this paragraph by
2a written agreement signed by the director of the county department that assumes
3liability under this paragraph and the director of the county department that is
4otherwise liable under par. (b).
SB378,160 5Section 160. 301.26 (4) (c) of the statutes is renumbered 938.526 (4) (c) and
6amended to read:
SB378,43,127 938.526 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of
8corrections
shall pay, from the appropriation under s. 20.410 (3) 20.437 (4) (hm), (ho).
9or (hr), the costs of care, services, and supplies provided for each person receiving
10services under s. 46.057, 51.35 (3), 938.183, or 938.34 who was under the
11guardianship of the department of children and families pursuant to an order under
12ch. 48 at the time that the person was adjudicated delinquent.
SB378,161 13Section 161. 301.26 (4) (cm) 1. of the statutes, as affected by 2015 Wisconsin
14Act 55
, is renumbered 938.526 (4) (cm) 1. and amended to read:
SB378,44,415 938.526 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
16shall transfer funds from the appropriation under s. 20.410 (3) 20.437 (4) (cg) to the
17appropriations under s. 20.410 (3) 20.437 (4) (hm), (ho), and (hr) for the purpose of
18reimbursing juvenile correctional facilities, secured residential care centers for
19children and youth, alternate care providers, and community supervision providers
20for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of
21age or over who has been placed in a juvenile correctional facility based on a
22delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999
23stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225
24(1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2),
25948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those

1violations, or that is an attempted violation of s. 943.32 (2) and for the care of any
2juvenile 10 years of age or over who has been placed in a juvenile correctional facility
3or secured residential care center for children and youth for attempting or
4committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
SB378,162 5Section 162. 301.26 (4) (cm) 3. of the statutes is renumbered 938.526 (4) (cm)
63.
SB378,163 7Section 163. 301.26 (4) (ct) of the statutes is renumbered 938.526 (4) (ct) and
8amended to read:
SB378,44,209 938.526 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52,
1020.002 (11), and 20.903, if there is a deficit in the appropriation account under s.
1120.410 (3) 20.437 (4) (hm) at the close of a fiscal year, any unencumbered balance in
12the appropriation account under s. 20.410 (3) 20.437 (4) (ho) at the close of that fiscal
13year, less the amounts required by s. 20.410 (3) 20.437 (4) (ho) to be remitted to
14counties or transferred to the appropriation account under s. 20.410 (3) 20.437 (4)
15(kx), and any unencumbered balance in the appropriation account under s. 20.410
16(3)
20.437 (4) (hr) at the close of that fiscal year, shall be transferred to the
17appropriation account under s. 20.410 (3) 20.437 (4) (hm), up to the amount that
18when added to other amounts credited to that appropriation account in that fiscal
19year equals the amount shown in the schedule under s. 20.005 (3) for that
20appropriation account for that fiscal year.
SB378,45,221 2. The total amount transferred at the end of a fiscal year under subd. 1. may
22not exceed the amount of the deficit in the appropriation account under s. 20.410 (3)
2320.437 (4) (hm) for that fiscal year, and if that deficit is less than the total amount
24of the unencumbered balances available for transfer under subd. 1., the amount
25transferred from the appropriation accounts under s. 20.410 (3) 20.437 (4) (ho) and

1(hr) shall be in proportion to the respective unencumbered balance available for
2transfer from each of those appropriation accounts.
SB378,164 3Section 164. 301.26 (4) (cx) of the statutes is renumbered 938.526 (4) (cx) and
4amended to read:
SB378,45,125 938.526 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903,
6there is a deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) at
7the close of a fiscal biennium, the governor shall, to address that deficit, increase
8each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile
9correctional facility and for care for juveniles transferred from a correctional
10institution by $6, in addition to any increase due to actual costs, in the executive
11budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) 20.437 (4)
12(hm) is eliminated.
SB378,165 13Section 165. 301.26 (4) (d) 1. of the statutes is renumbered 938.526 (4) (d) 1.
14and amended to read:
SB378,45,1815 938.526 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
16938.34, all payments and deductions made under this subsection and uniform fee
17collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation
18account under s. 20.410 (3) 20.437 (4) (hm).
SB378,166 19Section 166. 301.26 (4) (d) 1m. of the statutes is renumbered 938.526 (4) (d)
201m. and amended to read:
SB378,45,2421 938.526 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s.
22938.183, all payments and deductions made under this subsection and uniform fee
23collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation
24account under s. 20.410 (3) 20.437 (4) (hm).
SB378,167
1Section 167. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act
255
, section 4270, is renumbered 938.526 (4) (d) 2. and amended to read:
SB378,46,63 938.526 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the
4per person daily cost assessment to counties shall be $284 for care in a Type 1
5juvenile correctional facility, as defined in s. 938.02 (19), and $284 for care for
6juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
SB378,168 7Section 168. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act
855
, section 4272, is renumbered 938.526 (4) (d) 3. and amended to read:
SB378,46,129 938.526 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the
10per person daily cost assessment to counties shall be $292 for care in a Type 1
11juvenile correctional facility, as defined in s. 938.02 (19), and $292 for care for
12juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
SB378,169 13Section 169. 301.26 (4) (d) 4. of the statutes is renumbered 938.526 (4) (d) 4.
14and amended to read:
SB378,46,1815 938.526 (4) (d) 4. The per person daily cost assessment to counties for care in
16a foster home, group home, or residential care center for children and youth shall be
17an amount equal to the amount the provider charges the department for that care
18as authorized by the department of children and families.
SB378,170 19Section 170. 301.26 (4) (d) 5. of the statutes, as created by 2015 Wisconsin Act
2055
, is renumbered 938.526 (4) (d) 5.
SB378,171 21Section 171. 301.26 (4) (dt) of the statutes is renumbered 938.526 (4) (dt) and
22amended to read:
SB378,46,2523 938.526 (4) (dt) Except as provided in pars. (e) to (g), for serious juvenile
24offender services, all uniform fee collections under s. 301.03 (18) 49.32 (1) shall be
25credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).
SB378,172
1Section 172. 301.26 (4) (e) of the statutes is renumbered 938.526 (4) (e) and
2amended to read:
SB378,47,73 938.526 (4) (e) For alternate care services for delinquent juveniles under ss.
449.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 all payments and
5deductions made under this subsection and uniform fee collections under s. 301.03
6(18)
49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437
7(4)
(ho).
SB378,173 8Section 173. 301.26 (4) (ed) of the statutes is renumbered 938.526 (4) (ed) and
9amended to read:
SB378,47,1310 938.526 (4) (ed) For alternate care services for serious juvenile offenders under
11ss. 49.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 all uniform fee
12collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation
13account under s. 20.410 (3) 20.437 (4) (ho).
SB378,174 14Section 174. 301.26 (4) (eg) of the statutes, as affected by 2015 Wisconsin Act
1555
, is renumbered 938.526 (4) (eg) and amended to read:
SB378,47,1916 938.526 (4) (eg) For community supervision services under s. 938.533 (2), all
17payments and deductions made under this subsection and uniform fee collections
18under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under
19s. 20.410 (3) 20.437 (4) (hr).
SB378,175 20Section 175. 301.26 (4) (f) of the statutes is renumbered 938.526 (4) (f).
SB378,176 21Section 176. 301.26 (4) (g) of the statutes, as affected by 2015 Wisconsin Act
2255
, is renumbered 938.526 (4) (g) and amended to read:
SB378,48,223 938.526 (4) (g) For juvenile institutional services under ch. 938 and for the
24office of juvenile offender review, all payments and deductions made under this

1subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited
2to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).
SB378,177 3Section 177. 301.27 (1) of the statutes is amended to read:
SB378,48,124 301.27 (1) Charges. In compliance with the compensation plan established
5under s. 230.12 (3), the department may make and determine charges for meals,
6living quarters, laundry, and other services furnished to employees of the state
7correctional institutions and members of the employee's family maintained as such.
8All moneys received from each person on account of these services shall be used for
9operation of the institutions under s. 20.410 (1) (a) and (3) (a) and (hm). If a chaplain
10employed in any institution administered by the department is not furnished a
11residence by the state, $1,800 or 20% 20 percent of the chaplain's salary, whichever
12is greater, is designated as his or her housing allowance.
SB378,178 13Section 178. 301.335 of the statutes is renumbered 938.54 (2) and amended
14to read:
SB378,48,2015 938.54 (2) Treatment records. Section 51.30 applies to treatment records, as
16defined in s. 51.30 (1) (b), maintained by the department of corrections in regard to
17children juveniles who have been adjudged delinquent. The department has the
18same authority, including rule-making authority, with regard to treatment records
19maintained by the department that is granted to the department of health services
20under s. 51.30.
SB378,179 21Section 179. 301.35 (2) (e) of the statutes is repealed.
SB378,180 22Section 180. 301.36 (1) of the statutes is amended to read:
SB378,49,223 301.36 (1) General authority. The department shall investigate and
24supervise all of the state prisons under s. 302.01, all juvenile correctional facilities,
25all secured residential care centers for children and youth, and all juvenile detention

1facilities
and familiarize itself with all of the circumstances affecting their
2management and usefulness.
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