SB378,141 8Section 141. 301.032 of the statutes is repealed.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SB378,144 18Section 144. 301.06 of the statutes is repealed.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.
SB378,181 3Section 181. 301.37 (1) of the statutes is amended to read:
SB378,49,114 301.37 (1) The department shall fix reasonable standards and regulations for
5the design, construction, repair, and maintenance of all houses of correction,
6reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30,
7extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8),
8lockup facilities, as defined in s. 302.30, work camps under s. 303.10, and Huber
9facilities under s. 303.09, and, after consulting with the department of children and
10families, all juvenile detention facilities,
with respect to their adequacy and fitness
11for the needs which they are to serve.
SB378,182 12Section 182. 301.37 (5) of the statutes is renumbered 938.227 (4).
SB378,183 13Section 183. 302.31 (7) of the statutes, as affected by 2015 Wisconsin Act 55,
14is amended to read:
SB378,49,2015 302.31 (7) The temporary placement of persons in the custody of the
16department, other than persons under 17 years of age, and persons who have
17attained the age of 17 years but have not attained the age of 25 years who are under
18the supervision of the department of children and families under s. 938.355 (4) and
19who have been taken into custody pending revocation of community supervision or
20aftercare supervision under s. 938.357 (5) (e).
SB378,184 21Section 184. 302.386 (1) of the statutes is amended to read:
SB378,50,522 302.386 (1) Except as provided in sub. (5), liability for medical and dental
23services furnished to residents housed in prisons identified in s. 302.01, in a juvenile
24correctional facility, or in a secured residential care center for children and youth,
or
25to forensic patients in state institutions for those services that are not provided by

1employees of the department shall be limited to the amounts payable under ss. 49.43
2to 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department
3may waive any such limit if it determines that needed services cannot be obtained
4for the applicable amount. No provider of services may bill the resident or patient
5for the cost of services exceeding the amount of the liability under this subsection.
SB378,185 6Section 185. 302.386 (2) (intro.) of the statutes is amended to read:
SB378,50,117 302.386 (2) (intro.) The liability of the state for medical and dental services
8under sub. (1) does not extend to that part of the medical or dental services of a
9resident housed in a prison identified in s. 302.01, a juvenile correctional facility, or
10a secured residential care center for children and youth,
for which any of the
11following applies:
SB378,186 12Section 186. 302.386 (3) (a) of the statutes is amended to read:
SB378,50,1813 302.386 (3) (a) Except as provided in par. (b), the department may require a
14resident housed in a prison identified in s. 302.01 or in a juvenile correctional facility
15who receives medical or dental services to pay a deductible, coinsurance, copayment,
16or similar charge upon the medical or dental service that he or she receives. The
17department shall collect the allowable deductible, coinsurance, copayment, or
18similar charge.
SB378,187 19Section 187. 302.386 (5) (c) of the statutes, as affected by 2015 Wisconsin Act
2055
, is repealed.
SB378,188 21Section 188. 302.386 (5) (d) of the statutes is repealed.
SB378,189 22Section 189. 303.01 (2) (em) of the statutes is amended to read:
SB378,51,1923 303.01 (2) (em) Lease space, with or without equipment, within the precincts
24of state prisons, as specified in s. 302.02, or within the confines of correctional
25institutions operated by the department for holding in secure custody persons

1adjudged delinquent,
to not more than 2 private businesses to employ prison inmates
2and institution residents to manufacture products or components or to provide
3services for sale on the open market. The department shall comply with s. 16.75 in
4selecting businesses under this paragraph. The department may enter into a
5contract under this paragraph only with the approval of the joint committee on
6finance. The department may not enter into or amend a contract under this
7paragraph unless the contract or amendment specifies each state prison or juvenile
8correctional institution
at which the private business will employ inmates or
9institution residents
. The department shall consult with appropriate trade
10organizations and labor unions prior to issuing requests for proposals and prior to
11selecting proposals under this paragraph. Each such private business may conduct
12its operations as a private business, subject to the wage standards under sub. (4), the
13disposition of earnings under sub. (8), the provisions regarding displacement in sub.
14(11), the requirements for notification and hearing under sub. (1) (c), the requirement
15for prison industries board approval under s. 303.015 (1) (b) and the authority of the
16department to maintain security and control in its institutions. The private business
17and its operations are not a prison industry. Inmates employed by the private
18business are not subject to the requirements of inmates participating in prison
19industries, except as provided in this paragraph;
SB378,190 20Section 190. 303.01 (11) (a) 1. of the statutes is amended to read:
SB378,52,221 303.01 (11) (a) 1. “Displace an employee" means to lay off an employee in this
22state as a direct result of work being performed in a state prison or juvenile
23correctional institution
under a prison contract or to permanently transfer an
24employee in this state to another job that reduces the employee's base pay, excluding
25overtime, differentials, and bonuses, by more than 25% 25 percent as a direct result

1of work being performed in a state prison or juvenile correctional institution under
2a prison contract.
SB378,191 3Section 191. 701.0503 (2) (intro.) of the statutes is amended to read:
SB378,52,104 701.0503 (2) Claims for public support. (intro.) Notwithstanding s. 701.0502
5and except as provided in sub. (3), if the settlor is legally obligated to pay for the
6public support of a beneficiary under s. 46.10, or 49.345, or 301.12 or the beneficiary
7is legally obligated to pay for the beneficiary's public support or for support furnished
8to the beneficiary's spouse or minor child under s. 46.10, or 49.345, or 301.12, upon
9application by the appropriate state department or county official, the court may do
10any of the following:
SB378,192 11Section 192. 767.59 (1f) (b) 4. of the statutes is amended to read:
SB378,52,1712 767.59 (1f) (b) 4. A difference between the amount of child support ordered by
13the court to be paid by the payer and the amount that the payer would have been
14required to pay based on the percentage standard established by the department
15under s. 49.22 (9) if the court did not use the percentage standard in determining the
16child support payments and did not provide the information required under s. 46.10
17(14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.
SB378,193 18Section 193. 767.59 (2) (c) of the statutes is amended to read:
Loading...
Loading...