SB378: Bill Text

LRB-0708/1

EAW:kjf&an

2017 - 2018 LEGISLATURE

2017 Senate BILL 378

August 3, 2017 - Introduced by Senators L. Taylor, Carpenter, Larson, Miller and Vinehout, cosponsored by Representatives Young, Crowley, Bowen, Berceau, Fields, Goyke, Ohnstad, Pope, Spreitzer, Wachs and Zepnick. Referred to Committee on Judiciary and Public Safety.

SB378,4,2 An Act to repeal 20.410 (3) (gg), 46.011 (1c), 46.011 (1p), 46.215 (2) (a) 3., 46.215 (2) (c) 3., 46.22 (1) (b) 5m. d., 46.22 (1) (e) 3. c., 46.22 (2g) (d) 4., 46.23 (5) (a) 3., 46.23 (5) (c) 3., 46.23 (5) (n) 3., 49.11 (1c), 49.855 (2p), 301.01 (1n), 301.03 (18), 301.031, 301.032, 301.06, 301.08 (2) (d) 5., 301.085 (2), 301.085 (4), 301.12, 301.26 (title), 301.26 (1), 301.35 (2) (e), 302.386 (5) (c), 302.386 (5) (d), 938.48 (intro.), 938.48 (1) and 938.48 (16); to renumber 20.410 (3) (title), 20.410 (3) (a), 20.410 (3) (ba), 20.410 (3) (c), 20.410 (3) (dm), 20.410 (3) (e), 20.410 (3) (i), 20.410 (3) (jr), 20.410 (3) (jv), 20.410 (3) (kx), 20.410 (3) (ky), 20.410 (3) (kz), 20.410 (3) (m), 20.410 (3) (n), 20.410 (3) (q), 20.437 (1) (kp), 20.437 (3), 48.526 (title), 48.526 (2) (title), 48.526 (2) (a), 48.526 (2) (b), 48.526 (2m), 48.526 (3) (title), 48.526 (3) (a), 48.526 (6) (title), 48.526 (6) (b), 48.526 (7) (a) to (h), 48.526 (8), 48.528 (title), 48.528 (2), 48.528 (3), 301.03 (10) (a), 301.03 (10) (b), 301.03 (10) (d), 301.03 (10) (e), 301.03 (10) (f), 301.20, 301.26 (4) (title), 301.26 (4) (cm) 3., 301.26 (4) (d) 5., 301.26 (4) (f), 301.37 (5), 938.48 (3), 938.48 (4), 938.48 (4m), 938.48 (5), 938.48 (6) and 938.48 (13); to renumber and amend 20.410 (3) (cg), 20.410 (3) (g), 20.410 (3) (hm), 20.410 (3) (ho), 20.410 (3) (hr), 20.437 (1) (cj), 20.437 (1) (cm), 48.526 (1), 48.526 (2) (c), 48.526 (3) (c), 48.526 (3) (dm), 48.526 (3) (e), 48.526 (3) (em), 48.526 (6) (a), 48.526 (7) (intro.), 48.528 (1), 301.025, 301.03 (10) (c), 301.03 (10) (g), 301.08 (1) (b) 3., 301.205, 301.26 (4) (a), 301.26 (4) (b), 301.26 (4) (bm), 301.26 (4) (c), 301.26 (4) (cm) 1., 301.26 (4) (ct), 301.26 (4) (cx), 301.26 (4) (d) 1., 301.26 (4) (d) 1m., 301.26 (4) (d) 2., 301.26 (4) (d) 3., 301.26 (4) (d) 4., 301.26 (4) (dt), 301.26 (4) (e), 301.26 (4) (ed), 301.26 (4) (eg), 301.26 (4) (g), 301.335, 938.48 (14) and 938.54; to amend 14.92, 16.51 (7), 16.54 (12) (b), 16.54 (12) (d), 20.437 (1) (kz), 20.437 (1) (o), 20.505 (8) (hm) 21d., 20.866 (1) (u), 20.921 (2) (a), 46.03 (18) (a), 46.057 (1), 46.057 (2), 46.20 (3), 46.206 (1) (a), 46.21 (2) (j), 46.21 (5) (b), 46.215 (1) (d), 46.215 (2) (a) 1., 46.215 (2) (a) 2., 46.215 (2) (c) 1., 46.215 (2) (c) 2., 46.215 (3), 46.22 (1) (b) 1. b., 46.22 (1) (b) 2. a., 46.22 (1) (b) 2. c., 46.22 (1) (b) 5m. a., 46.22 (1) (e) 3. a., 46.22 (1) (e) 3. b., 46.22 (2g) (d) 2., 46.22 (2g) (d) 3., 46.23 (5) (a) 1., 46.23 (5) (a) 2., 46.23 (5) (c) 1., 46.23 (5) (c) 2., 46.23 (5) (n) 1., 46.23 (5) (n) 2., 46.23 (5m) (c), 46.23 (6) (a) (intro.), 48.02 (10r), 49.175 (1) (intro.), 49.175 (3), 49.275, 49.32 (1) (a), 49.32 (2) (b), 49.32 (2) (d), 49.325 (1) (a), 49.325 (2), 49.325 (2g) (a), 49.325 (2g) (b), 49.325 (2g) (c), 49.325 (2r) (a) 1., 49.325 (2r) (a) 2., 49.34 (1), 49.34 (2), 49.35 (1) (a), 49.35 (1) (b), 49.35 (2), 49.45 (6m) (br) 1., 49.45 (25) (bj), 49.855 (3), 49.855 (4m) (b), 59.24, 102.27 (2) (a), 230.08 (2) (e) 2m., 230.08 (2) (e) 3e., 301.001, 301.01 (4), 301.03 (9), 301.035 (2), 301.035 (4), 301.07, 301.08 (2) (a), 301.27 (1), 301.36 (1), 301.37 (1), 302.31 (7), 302.386 (1), 302.386 (2) (intro.), 302.386 (3) (a), 303.01 (2) (em), 303.01 (11) (a) 1., 701.0503 (2) (intro.), 767.59 (1f) (b) 4., 767.59 (2) (c), 767.59 (2s), 859.07 (2) (a) 2., 859.15, 938.02 (4), 938.02 (10r), 938.02 (12r), 938.02 (19r), 938.06 (4), 938.069 (1) (intro.), 938.069 (2), 938.08 (3) (a) (intro.), 938.205 (1) (c), 938.208 (1) (intro.), 938.209 (1) (a) (intro.), 938.209 (1) (a) 1., 938.209 (2m) (b), 938.22 (1) (a), 938.22 (2) (a), 938.22 (2) (b), 938.222 (2) (a) 1., 938.222 (2) (b) 3., 938.222 (2) (b) 4., 938.223 (2) (a) 1., 938.223 (2) (b) 3., 938.223 (2) (b) 4., 938.224 (1), 938.224 (2) (a) 1., 938.224 (2) (a) 2., 938.224 (2) (b), 938.224 (3) (a), 938.224 (3) (b), 938.224 (4), 938.225, 938.23 (1m) (a), 938.295 (2) (c), 938.296 (6), 938.30 (6) (b), 938.31 (7) (b), 938.33 (4m) (intro.), 938.33 (4m) (b), 938.34 (2) (a), 938.34 (2) (b), 938.34 (3) (f) (intro.), 938.34 (4m) (intro.), 938.34 (4n) (intro.), 938.34 (6s), 938.34 (8d) (c), 938.355 (6) (d) 1., 938.355 (6d) (a) 1., 938.355 (6d) (a) 2., 938.355 (6d) (b) 1., 938.355 (6d) (b) 2., 938.355 (6m) (a) 1g., 938.357 (4) (a), 938.357 (4) (b) 1., 938.357 (4) (b) 2., 938.357 (4) (b) 4., 938.357 (4) (c) 1., 938.357 (4) (c) 2., 938.357 (4) (c) 4., 938.357 (4g) (a), 938.357 (4g) (b), 938.357 (4m), 938.357 (5) (a), 938.357 (5) (g), 938.357 (5m) (a), 938.36 (1) (a), 938.36 (2), 938.363 (1) (c), 938.363 (2), 938.38 (1) (a), 938.396 (2g) (b) 1., 938.485 (1), 938.485 (4), 938.485 (5), 938.49 (title), 938.49 (1), 938.49 (2) (intro.), 938.49 (2) (a), 938.50, 938.505 (1), 938.505 (2) (a) (intro.), 938.505 (2) (b), 938.51 (1) (intro.), 938.51 (1d) (intro.), 938.51 (1m), 938.51 (2), 938.51 (3), 938.51 (4) (intro.), 938.52 (title), 938.52 (1) (intro.), 938.52 (1) (f), 938.52 (2), 938.52 (4), 938.53, 938.533 (2) (intro.), 938.533 (3), 938.533 (4), 938.534 (1) (b) 1., 938.534 (1) (b) 2., 938.534 (2), 938.535, 938.538 (2) (intro.), 938.538 (3) (a) (intro.), 938.538 (3) (a) 9., 938.538 (4), 938.538 (5) (a), 938.538 (5) (b), 938.538 (6), 938.538 (7), 938.539 (2), 938.539 (6), 938.549 (1) (intro.), 938.57 (1) (g), 938.57 (4), 938.78 (1) and 938.78 (3); and to create 20.437 (4) (o), 938.226, 938.227, 938.485 (10) (title) and 938.485 (18) of the statutes; relating to: the transfer of juvenile correctional services from the Department of Corrections to the Department of Children and Families and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill transfers from the Department of Corrections to the Department of Children and Families the administration of all juvenile correctional services currently administered by DOC. Under current law, DCF administers community-based juvenile delinquency-related services, which are defined as juvenile delinquency-related services provided under the Juvenile Justice Code, other than juvenile correctional services that are provided for a juvenile who is being held in a juvenile detention facility or who has been adjudged delinquent, placed under the supervision of DOC, and placed in a juvenile correctional facility, in the Serious Juvenile Offender Program, or on aftercare supervision administered by DOC. This bill transfers the administration of those juvenile correctional services from DOC to DCF.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB378,1 Section 1. 14.92 of the statutes is amended to read:

SB378,4,12 14.92 Interstate Commission for Juveniles. There is created an Interstate Commission for Juveniles as specified in s. 938.999 (3). The member of the commission representing this state shall be the compact administrator, as defined in s. 938.999 (2) (c), the deputy compact administrator, as defined in s. 938.999 (2) (f), or a designee, as specified in s. 938.999 (3) (b). The commission member shall serve without compensation but shall be reimbursed from the appropriation account under s. 20.410 (3) 20.437 (4) (a) for actual and necessary expenses incurred in the performance of the commission member's duties. The commission shall have the powers, duties, and responsibilities set forth in s. 938.999.

SB378,2 Section 2. 16.51 (7) of the statutes is amended to read:

SB378,5,18 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections or the department of children and families, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it in reference to holding those juveniles in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

SB378,3 Section 3. 16.54 (12) (b) of the statutes is amended to read:

SB378,5,24 16.54 (12) (b) The department of children and families may not expend or encumber any moneys credited to the appropriation account under s. 20.437 (2) (mm) or (3) (5) (mm) unless the department of children and families submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB378,4 Section 4. 16.54 (12) (d) of the statutes is amended to read:

SB378,6,7 16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.437 (2) (mm) and (3) (5) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

SB378,5 Section 5. 20.410 (3) (title) of the statutes is renumbered 20.437 (4) (title).

SB378,6 Section 6. 20.410 (3) (a) of the statutes is renumbered 20.437 (4) (a).

SB378,7 Section 7. 20.410 (3) (ba) of the statutes is renumbered 20.437 (4) (ba).

SB378,8 Section 8. 20.410 (3) (c) of the statutes is renumbered 20.437 (4) (c).

SB378,9 Section 9. 20.410 (3) (cg) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.437 (4) (cg) and amended to read:

SB378,6,19 20.437 (4) (cg) Serious juvenile offenders. Biennially, the amounts in the schedule for juvenile correctional institution, alternate care, community supervision, and other juvenile program services specified in s. 938.538 (3) provided for the persons specified in s. 301.26 938.526 (4) (cm) and for juvenile correctional institution services for persons placed in juvenile correctional institutions under s. 973.013 (3m).

SB378,10 Section 10. 20.410 (3) (dm) of the statutes is renumbered 20.437 (4) (dm).

SB378,11 Section 11. 20.410 (3) (e) of the statutes is renumbered 20.437 (4) (e).

SB378,12 Section 12. 20.410 (3) (g) of the statutes is renumbered 20.437 (1) (g) and amended to read:

SB378,7,3 20.437 (1) (g) Legal services collections. All moneys received as reimbursement for costs of legal actions authorized under ss. 301.03 (18) and 301.12 49.32 and 49.345 to be used to pay costs associated with such legal actions.

SB378,13 Section 13. 20.410 (3) (gg) of the statutes is repealed.

SB378,14 Section 14. 20.410 (3) (hm) of the statutes is renumbered 20.437 (4) (hm) and amended to read:

SB378,8,2 20.437 (4) (hm) Juvenile correctional services. The amounts in the schedule for juvenile correctional services specified in ss. 49.45 (25) (bj) and 301.26 938.526 (4) (c) and (d). All moneys received from the sale of surplus property, including vehicles, from juvenile correctional institutions operated by the department, all moneys received as payments in restitution of property damaged at juvenile correctional institutions operated by the department, all moneys received from miscellaneous services provided at a juvenile correctional institution operated by the department, all moneys transferred under s. 301.26 938.526 (4) (cm), all moneys transferred under s. 301.26 938.526 (4) (ct), and, except as otherwise provided in pars. (ho) and (hr), all moneys received in payment for juvenile correctional services as specified in s. 301.26 938.526 (4) (d), (dt), and (g) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 938.526 (4) (d) exceed actual fiscal year institutional costs by more than 2% 2 percent, all moneys in excess of 2% 2 percent shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at juvenile correctional institutions including the Mendota Juvenile Treatment Center. Counties shall use the funds for purposes specified in s. 301.26 938.526. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB378,15 Section 15. 20.410 (3) (ho) of the statutes is renumbered 20.437 (4) (ho) and amended to read:

SB378,8,22 20.437 (4) (ho) Juvenile alternate care services. The amounts in the schedule for providing alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 49.45 (25) (bj), 301.26 938.526 (4) (c), 938.48 (4) 938.485 (8) and (14), and 938.52. All moneys transferred under s. 301.26 938.526 (4) (cm) and all moneys received in payment for providing alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 as specified in s. 301.26 938.526 (4) (d), (e), and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 938.526 (4) (d) exceed actual fiscal year alternate care costs, that excess shall be transferred to the appropriation account under par. (hm) as provided in s. 301.26 938.526 (4) (ct), except that, if those moneys generated exceed those costs by more than 2 percent, all moneys in excess of that 2 percent shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in alternate care. Counties shall use the funds for purposes specified in s. 301.26 938.526. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB378,16 Section 16. 20.410 (3) (hr) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.437 (4) (hr) and amended to read:

SB378,9,8 20.437 (4) (hr) Juvenile community supervision services. The amounts in the schedule for the community supervision services specified in ss. 49.45 (25) (bj) and 301.26 938.526 (4) (c) and (eg). All moneys received in payment for those services as specified in s. 301.26 938.526 (4) (d) and (eg), and all moneys transferred under s. 301.26 938.526 (4) (cm), shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 938.526 (4) (d) exceed actual fiscal year community supervision services costs, that excess shall be transferred to the appropriation account under par. (hm) as provided in s. 301.26 938.526 (4) (ct).

SB378,17 Section 17. 20.410 (3) (i) of the statutes is renumbered 20.437 (4) (i).

SB378,18 Section 18. 20.410 (3) (jr) of the statutes is renumbered 20.437 (4) (jr).

SB378,19 Section 19. 20.410 (3) (jv) of the statutes is renumbered 20.437 (4) (jv).

SB378,20 Section 20. 20.410 (3) (kx) of the statutes is renumbered 20.437 (4) (kx).

SB378,21 Section 21. 20.410 (3) (ky) of the statutes is renumbered 20.437 (4) (ky).

SB378,22 Section 22. 20.410 (3) (kz) of the statutes is renumbered 20.437 (4) (kz).

SB378,23 Section 23. 20.410 (3) (m) of the statutes is renumbered 20.437 (4) (m).

SB378,24 Section 24. 20.410 (3) (n) of the statutes is renumbered 20.437 (4) (n).

SB378,25 Section 25. 20.410 (3) (q) of the statutes is renumbered 20.437 (4) (q).

SB378,26 Section 26. 20.437 (1) (cj) of the statutes is renumbered 20.437 (4) (cj) and amended to read:

SB378,9,25 20.437 (4) (cj) Community youth and family aids. The amounts in the schedule for the improvement and provision of community-based juvenile delinquency-related services under s. 48.526 and juvenile correctional services under s. 301.26 938.526 and for reimbursement to counties having a population of less than 750,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 49.32 (2). Refunds received relating to payments made under s. 49.32 (2) shall be returned to this appropriation account. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer moneys under this paragraph between fiscal years. Except for moneys authorized for transfer under s. 48.526 938.526 (3), all moneys from this paragraph allocated under s. 48.526 938.526 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

SB378,27 Section 27. 20.437 (1) (cm) of the statutes is renumbered 20.437 (4) (cm) and amended to read:

SB378,10,12 20.437 (4) (cm) Community intervention program. The amounts in the schedule for the community intervention program under s. 48.528 938.528.

SB378,28 Section 28. 20.437 (1) (kp) of the statutes is renumbered 20.437 (4) (kp).

SB378,29 Section 29. 20.437 (1) (kz) of the statutes is amended to read:

SB378,10,23 20.437 (1) (kz) Interagency and intra-agency aids; tribal placements and guardianships. The amounts in the schedule to be used for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which par. sub. (4) (kp) applies, and for subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by tribal courts. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 21. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under section 20.505 (8) (hm).

SB378,30 Section 30. 20.437 (1) (o) of the statutes is amended to read:

SB378,11,8 20.437 (1) (o) Federal aid; children, youth, and family aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under pars. par. (b) and (cj) and all federal moneys received as child welfare funds under 42 USC 620 to 626 for the provision or purchase of child welfare projects and services. Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SB378,31 Section 31. 20.437 (3) of the statutes is renumbered 20.437 (5).

SB378,32 Section 32. 20.437 (4) (o) of the statutes is created to read:

SB378,11,16 20.437 (4) (o) Federal aid; community youth and family aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (cj). Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SB378,33 Section 33. 20.505 (8) (hm) 21d. of the statutes is amended to read:

SB378,11,19 20.505 (8) (hm) 21d. The amount transferred to s. 20.437 (1) (4) (kp) shall be the amount in the schedule under s. 20.437 (1) (4) (kp).

SB378,34 Section 34. 20.866 (1) (u) of the statutes is amended to read:

SB378,12,8 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1) (c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e), 20.255 (1) (d), 20.285 (1) (d), (je), and (gj), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs), (ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko) and (3) (e), 20.435 (2) (ee), 20.437 (4) (e), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a), and 20.867 (1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL), (bm), (bn), (bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (g), (h), (i), (kd), and (q) for the payment of principal, interest, premium due, if any, and payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.

SB378,35 Section 35. 20.921 (2) (a) of the statutes is amended to read: