SB378: Bill Text

SB378,42,2 938.526 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties, or the department of children and families shall deduct from the allocations under s. 20.437 (1) (4) (cj), for the costs of care, services, and supplies purchased or provided by the department of corrections of children and families for each person receiving services under s. 938.183 or 938.34 or the department of health services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county, and the department of children and families may not or deduct from a county's allocation, for the cost of care, services, and supplies provided to a person subject to an order under s. 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within those 60 days, the department of children and families may withhold aid payments in the amount due from the appropriation under s. 20.437 (1) (4) (cj).

SB378,158 Section 158. 301.26 (4) (b) of the statutes is renumbered 938.526 (4) (b) and amended to read:

SB378,42,19 938.526 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to the county departments under s. 46.215, 46.22, or 46.23 department in the county of the court exercising jurisdiction under ch. 938 for each person receiving services from the department of corrections children and families under s. 938.183 or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under s. 48.526 sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections children and families under ss. 938.183 and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

SB378,159 Section 159. 301.26 (4) (bm) of the statutes is renumbered 938.526 (4) (bm) and amended to read:

SB378,43,4 938.526 (4) (bm) Notwithstanding par. (b), the county department under s. 46.215, 46.22, or 46.23 of the county of residency of a juvenile who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under par. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under par. (b).

SB378,160 Section 160. 301.26 (4) (c) of the statutes is renumbered 938.526 (4) (c) and amended to read:

SB378,43,12 938.526 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) 20.437 (4) (hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under s. 46.057, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB378,161 Section 161. 301.26 (4) (cm) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (cm) 1. and amended to read:

SB378,44,4 938.526 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) 20.437 (4) (cg) to the appropriations under s. 20.410 (3) 20.437 (4) (hm), (ho), and (hr) for the purpose of reimbursing juvenile correctional facilities, secured residential care centers for children and youth, alternate care providers, and community supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an attempted violation of s. 943.32 (2) and for the care of any juvenile 10 years of age or over who has been placed in a juvenile correctional facility or secured residential care center for children and youth for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB378,162 Section 162. 301.26 (4) (cm) 3. of the statutes is renumbered 938.526 (4) (cm) 3.

SB378,163 Section 163. 301.26 (4) (ct) of the statutes is renumbered 938.526 (4) (ct) and amended to read:

SB378,44,20 938.526 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) 20.437 (4) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) 20.437 (4) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) 20.437 (4) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) 20.437 (4) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) 20.437 (4) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

SB378,45,2 2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) 20.437 (4) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

SB378,164 Section 164. 301.26 (4) (cx) of the statutes is renumbered 938.526 (4) (cx) and amended to read:

SB378,45,12 938.526 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) 20.437 (4) (hm) is eliminated.

SB378,165 Section 165. 301.26 (4) (d) 1. of the statutes is renumbered 938.526 (4) (d) 1. and amended to read:

SB378,45,18 938.526 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,166 Section 166. 301.26 (4) (d) 1m. of the statutes is renumbered 938.526 (4) (d) 1m. and amended to read:

SB378,45,24 938.526 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. 938.183, all payments and deductions made under this subsection and uniform fee collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,167 Section 167. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act 55, section 4270, is renumbered 938.526 (4) (d) 2. and amended to read:

SB378,46,6 938.526 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the per person daily cost assessment to counties shall be $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB378,168 Section 168. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act 55, section 4272, is renumbered 938.526 (4) (d) 3. and amended to read:

SB378,46,12 938.526 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the per person daily cost assessment to counties shall be $292 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $292 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB378,169 Section 169. 301.26 (4) (d) 4. of the statutes is renumbered 938.526 (4) (d) 4. and amended to read:

SB378,46,18 938.526 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

SB378,170 Section 170. 301.26 (4) (d) 5. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (d) 5.

SB378,171 Section 171. 301.26 (4) (dt) of the statutes is renumbered 938.526 (4) (dt) and amended to read:

SB378,46,25 938.526 (4) (dt) Except as provided in pars. (e) to (g), for serious juvenile offender services, all uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,172 Section 172. 301.26 (4) (e) of the statutes is renumbered 938.526 (4) (e) and amended to read:

SB378,47,7 938.526 (4) (e) For alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (ho).

SB378,173 Section 173. 301.26 (4) (ed) of the statutes is renumbered 938.526 (4) (ed) and amended to read:

SB378,47,13 938.526 (4) (ed) For alternate care services for serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (ho).

SB378,174 Section 174. 301.26 (4) (eg) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (eg) and amended to read:

SB378,47,19 938.526 (4) (eg) For community supervision services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hr).

SB378,175 Section 175. 301.26 (4) (f) of the statutes is renumbered 938.526 (4) (f).

SB378,176 Section 176. 301.26 (4) (g) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (g) and amended to read:

SB378,48,2 938.526 (4) (g) For juvenile institutional services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,177 Section 177. 301.27 (1) of the statutes is amended to read:

SB378,48,12 301.27 (1) Charges. In compliance with the compensation plan established under s. 230.12 (3), the department may make and determine charges for meals, living quarters, laundry, and other services furnished to employees of the state correctional institutions and members of the employee's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.410 (1) (a) and (3) (a) and (hm). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% 20 percent of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.

SB378,178 Section 178. 301.335 of the statutes is renumbered 938.54 (2) and amended to read:

SB378,48,20 938.54 (2) Treatment records. Section 51.30 applies to treatment records, as defined in s. 51.30 (1) (b), maintained by the department of corrections in regard to children juveniles who have been adjudged delinquent. The department has the same authority, including rule-making authority, with regard to treatment records maintained by the department that is granted to the department of health services under s. 51.30.

SB378,179 Section 179. 301.35 (2) (e) of the statutes is repealed.

SB378,180 Section 180. 301.36 (1) of the statutes is amended to read:

SB378,49,2 301.36 (1) General authority. The department shall investigate and supervise all of the state prisons under s. 302.01, all juvenile correctional facilities, all secured residential care centers for children and youth, and all juvenile detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

SB378,181 Section 181. 301.37 (1) of the statutes is amended to read:

SB378,49,11 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities, as defined in s. 302.30, work camps under s. 303.10, and Huber facilities under s. 303.09, and, after consulting with the department of children and families, all juvenile detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB378,182 Section 182. 301.37 (5) of the statutes is renumbered 938.227 (4).

SB378,183 Section 183. 302.31 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB378,49,20 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department of children and families under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

SB378,184 Section 184. 302.386 (1) of the statutes is amended to read:

SB378,50,5 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

SB378,185 Section 185. 302.386 (2) (intro.) of the statutes is amended to read:

SB378,50,11 302.386 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a juvenile correctional facility, or a secured residential care center for children and youth, for which any of the following applies:

SB378,186 Section 186. 302.386 (3) (a) of the statutes is amended to read:

SB378,50,18 302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a juvenile correctional facility who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.

SB378,187 Section 187. 302.386 (5) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

SB378,188 Section 188. 302.386 (5) (d) of the statutes is repealed.

SB378,189 Section 189. 303.01 (2) (em) of the statutes is amended to read:

SB378,51,19 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 2 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the provisions regarding displacement in sub. (11), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

SB378,190 Section 190. 303.01 (11) (a) 1. of the statutes is amended to read:

SB378,52,2 303.01 (11) (a) 1. “Displace an employee" means to lay off an employee in this state as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract or to permanently transfer an employee in this state to another job that reduces the employee's base pay, excluding overtime, differentials, and bonuses, by more than 25% 25 percent as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract.

SB378,191 Section 191. 701.0503 (2) (intro.) of the statutes is amended to read:

SB378,52,10 701.0503 (2) Claims for public support. (intro.) Notwithstanding s. 701.0502 and except as provided in sub. (3), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10, or 49.345, or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or for support furnished to the beneficiary's spouse or minor child under s. 46.10, or 49.345, or 301.12, upon application by the appropriate state department or county official, the court may do any of the following:

SB378,192 Section 192. 767.59 (1f) (b) 4. of the statutes is amended to read:

SB378,52,17 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB378,193 Section 193. 767.59 (2) (c) of the statutes is amended to read:

SB378,52,23 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable.

SB378,194 Section 194. 767.59 (2s) of the statutes is amended to read:

SB378,53,6 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14), 767.511, 767.805 (4), or 767.89, whichever is appropriate.

SB378,195 Section 195. 859.07 (2) (a) 2. of the statutes is amended to read:

SB378,53,10 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB378,196 Section 196. 859.15 of the statutes is amended to read:

SB378,53,17 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), and 49.345 (11), and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB378,197 Section 197. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act 55, section 4646b, is amended to read:

SB378,53,23 938.02 (4) “Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (4), “department" means the department of corrections.

SB378,198 Section 198. 938.02 (10r) of the statutes is amended to read:

SB378,54,3 938.02 (10r) “Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 938.226 for the secure, temporary holding in custody of juveniles.

SB378,199 Section 199. 938.02 (12r) of the statutes is amended to read:

SB378,54,15 938.02 (12r) “Out-of-home care provider" means a foster parent, guardian, relative other than a parent, or nonrelative in whose home a juvenile is placed, or the operator of a group home, residential care center for children and youth, or shelter care facility in which a juvenile is placed, under the placement and care responsibility of the department of children and families, the department of corrections, or a county department. “Out-of-home care provider" also includes, in the case of a juvenile placed in a group home, residential care center for children and youth, or shelter care facility, a staff member employed on the site of that home, center, or facility who has been designated by the operator of that home, center, or facility as an out-of-home care provider for purposes of making decisions concerning the juvenile's participation in age or developmentally appropriate activities.

SB378,200 Section 200. 938.02 (19r) of the statutes is amended to read:

SB378,54,21 938.02 (19r) “Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

SB378,201 Section 201. 938.06 (4) of the statutes is amended to read:

SB378,55,6 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 48.526 938.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 48.526 938.526, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB378,202 Section 202. 938.069 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4648bm, is amended to read:

SB378,55,13 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB378,203 Section 203. 938.069 (2) of the statutes is amended to read:

SB378,55,17 938.069 (2) Agency approval needed. Licensed child welfare agencies and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

SB378,204 Section 204. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB378,55,24 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), personnel of the department of corrections designated by that the department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. 938.485 (18) (b) and designated by agreement between the agency and the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions: