AB68: Bill Text

AB68,2687 Section 2687 . 301.12 (14) (a) of the statutes is amended to read:

AB68,1410,21 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.

AB68,2688 Section 2688. 301.16 (1w) of the statutes is amended to read:

AB68,1410,25 301.16 (1w) The department shall may establish one or more Type 1 juvenile correctional facilities secured residential care centers for children and youth, as enumerated in 2017 Wisconsin Act 185, section 110 (10) (a).

AB68,2689 Section 2689. 301.16 (1x) of the statutes is amended to read:

AB68,1411,9 301.16 (1x) Inmates from the Wisconsin state prisons may be transferred to the institutions under this section, except that inmates may not be transferred to a Type 1 juvenile correctional facility secured residential care center for children and youth established under sub. (1w) unless required under s. 973.013 (3m). Inmates transferred under this subsection shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employees of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts.

AB68,2690 Section 2690. 301.18 (1) (fm) of the statutes is amended to read:

AB68,1411,13 301.18 (1) (fm) Provide the facilities necessary for each Type 1 juvenile correctional facility secured residential care center for children and youth established under s. 301.16 (1w).

AB68,2691 Section 2691 . 301.20 of the statutes is amended to read:

AB68,1412,2 301.20 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it considers necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed under the supervision of the department under s. 938.34 (4h) or (4m). All laws pertaining to the care of juveniles received under s. 938.34 shall apply. Officers and employees of the institution are subject to the same laws as apply to other facilities described in s. 938.52.

AB68,2692 Section 2692. 301.26 (4) (b) of the statutes is amended to read:

AB68,1412,17 301.26 (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 county departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising jurisdiction under ch. 938 for each person receiving services from the department of corrections 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 (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 938.183 and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB68,2693 Section 2693. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB68,1413,8 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (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 12 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.

AB68,2694 Section 2694. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB68,1413,12 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.

AB68,2695 Section 2695. 301.26 (4) (cx) of the statutes is amended to read:

AB68,1413,21 301.26 (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) (hm) at the close of a fiscal biennium, the governor shall secretary may, 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) (hm) is eliminated.

AB68,2696 Section 2696 . 301.26 (4) (d) 2. of the statutes is amended to read:

AB68,1414,5 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, The department shall specify the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution facility under s. 51.35 (3). The department may specify the per person daily cost assessment to counties at the same rate at which the department reimburses the department of health services for the per person daily cost of providing services for juveniles placed at the Mendota juvenile treatment center under s. 46.057 (2).

AB68,2697 Section 2697 . 301.26 (4) (d) 2. of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1414,14 301.26 (4) (d) 2. The department shall specify the per person daily cost assessment to counties for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and for care for juveniles transferred from a juvenile correctional facility under s. 51.35 (3). The department may specify the per person daily cost assessment to counties at the same rate at which the department reimburses the department of health services for the per person daily cost of providing services for juveniles placed at the Mendota juvenile treatment center under s. 46.057 (2).

AB68,2698 Section 2698. 301.26 (4) (d) 3. of the statutes is repealed.

AB68,2699 Section 2699. 301.26 (4) (d) 5. of the statutes is amended to read:

AB68,1415,9 301.26 (4) (d) 5. The per person daily cost assessment to counties for community supervision services under s. 938.533, 2019 stats., shall be an amount determined by the department based on the cost of providing those services. In determining that assessment, the department may establish multiple rates for varying types and levels of service. The department shall calculate the amounts of that assessment and, if applicable, those rates prior to the beginning of each fiscal year and the secretary shall submit that proposed assessment and, if applicable, those proposed rates to the cochairpersons of the joint committee on finance for review of the committee. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing that proposed assessment and, if applicable, those proposed rates within 14 working days after the date of the secretary's submittal, the department may implement that proposed assessment and those proposed rates. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing that proposed assessment and, if applicable, those proposed rates, the department may implement that proposed assessment and those proposed rates only as approved by the committee.

AB68,2700 Section 2700. 301.26 (4) (eg) of the statutes is amended to read:

AB68,1415,14 301.26 (4) (eg) For community supervision services under s. 938.533 (2), 2019 stats., all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hr).

AB68,2701 Section 2701. 301.37 (title) of the statutes is amended to read:

AB68,1415,17 301.37 (title) County buildings Building standards; establishment, approval, inspection.

AB68,2702 Section 2702. 301.37 (1m) of the statutes is amended to read:

AB68,1416,3 301.37 (1m) The rules promulgated by the department under sub. (1) shall allow a secured residential care center for children and youth to use less the least restrictive physical security barriers than a Type 1 juvenile correctional facility while ensuring necessary to ensure the safety of the public, staff, and youth. The rules promulgated under sub. (1) shall allow a secured residential care center for children and youth to be located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility. A secured residential care center for children and youth that is located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility shall provide trauma-informed, evidence-based programming and services as required by the department under s. 938.48 (16) (b).

AB68,2703 Section 2703 . 301.50 (1) of the statutes is amended to read:

AB68,1416,14 301.50 (1) In this section, “substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father a parent of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her parent who gave birth during pregnancy.

AB68,2704 Section 2704 . 302.05 (title) of the statutes is amended to read:

AB68,1416,16 302.05 (title) Wisconsin substance abuse earned release program.

AB68,2705 Section 2705 . 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB68,1416,25 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

AB68,2706 Section 2706. 302.05 (1) (b) of the statutes is amended to read:

AB68,1417,5 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

AB68,2707 Section 2707 . 302.05 (1) (c) of the statutes is created to read:

AB68,1417,9 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

AB68,1417,12 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

AB68,2708 Section 2708 . 302.05 (2) of the statutes is amended to read:

AB68,1417,15 302.05 (2) Transfer to a correctional treatment facility for the treatment of substance abuse use disorder shall be considered a transfer under s. 302.18.

AB68,2709 Section 2709. 302.05 (3) (a) 2. of the statutes is amended to read:

AB68,1417,22 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department determines that the inmate is eligible to participate in the earned release program described in this subsection. In making its determination, the department shall consider a decision of the sentencing court under s. 302.05 (3) (e), 2019 stats., or s. 973.01 (3g), 2019 stats.

AB68,2710 Section 2710 . 302.05 (3) (b) of the statutes is amended to read:

AB68,1418,7 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph for the completion of a substance use disorder treatment program, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB68,2711 Section 2711. 302.05 (3) (c) 1. of the statutes is amended to read:

AB68,1418,14 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the department shall inform the court that sentenced the inmate.

AB68,2712 Section 2712 . 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB68,1418,20 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the court shall modify the inmate's bifurcated sentence as follows:

AB68,2713 Section 2713 . 302.05 (3) (d) of the statutes is amended to read:

AB68,1418,24 302.05 (3) (d) The department may place intensive sanctions program participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do not apply to those participants.

AB68,2714 Section 2714. 302.05 (3) (e) of the statutes is repealed.

AB68,2715 Section 2715. 302.05 (4) of the statutes is created to read:

AB68,1419,2 302.05 (4) (a) In this subsection, “recidivism” means any of the following:

AB68,1419,4 1. A return to prison upon revocation of extended supervision, parole, or probation.

AB68,1419,6 2. A conviction for a crime that was committed within 3 years of release from confinement.

AB68,1419,11 (b) No later than June 15 of each year, the department shall submit a report on participation in vocational readiness training programs qualifying for earned release under sub. (3) to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts. The report shall include all of the following data:

AB68,1419,13 1. A list of available vocational readiness training programs and the number of participants in each vocational readiness training program.

AB68,1419,16 2. The number of eligible inmates who are on the wait list for participation in a vocational readiness training program, and the department's methodology for selecting participants from the wait list.

AB68,1419,21 3. The rate of recidivism among individuals who earned release through completion of a vocational readiness training program, and whether the recidivism event was return to prison upon revocation or was a conviction for a misdemeanor or felony. The department shall report this data by region and shall include demographic information.

AB68,1419,25 4. An accounting of the cost savings for the preceding 12-month period that resulted from reduced terms of confinement in prison for participants in the earned release program who were released to extended supervision or parole for completion of a vocational readiness training program.

AB68,2716 Section 2716. 302.085 of the statutes is created to read:

AB68,1420,3 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

AB68,1420,4 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).

AB68,1420,7 (b) “Doula” means a nonmedical, trained professional who provides continuous physical, emotional, and informational support during pregnancy, labor, birth, and the postpartum period.

AB68,1420,10 (c) “Doula services" means childbirth education and support services, including emotional, physical, and informational support provided during pregnancy, labor, birth, and the postpartum period.

AB68,1420,12 (d) “Postpartum” means the period of time following the birth of an infant to 6 months after the birth.

AB68,1420,14 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain the movement of a person's body or limbs.

AB68,1420,21 (2) Restraining a pregnant person. (a) A representative of a correctional facility may not restrain a person known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary to ensure safety and security of the person, the staff of the correctional facility, other inmates, or the public. If such a determination is made, the representative may use only the least restrictive effective type of restraint that is most reasonable under the circumstances.

AB68,1421,2 (b) A representative of a correctional facility may not restrain a person known to be pregnant while the person is being transported if the restraint is through the use of leg irons, waist chains or other devices that cross or otherwise touch the person's abdomen, or handcuffs or other devices that cross or otherwise touch the person's wrists when affixed behind the person's back.

AB68,1421,4 (c) A representative of a correctional facility may not place a person known to be pregnant in solitary confinement for any punitive purpose.

AB68,1421,6 (d) A representative of a correctional facility may restrain a person who is in labor or who has given birth in the preceding 3 days only if all of the following apply:

AB68,1421,10 1. There is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public.

AB68,1421,12 2. The representative has made an individualized determination that restraints are necessary to prevent escape or ensure safety or security.

AB68,1421,14 3. There is no objection to the use of restraints by the treating medical care provider.

AB68,1421,16 4. The restraints used are the least restrictive effective type and are used in the least restrictive manner.

AB68,1421,19 (e) All staff members who may come into contact with a pregnant or postpartum person at any correctional facility shall receive training on the requirements of this subsection on an annual basis.

AB68,1421,21 (3) Treatment of a pregnant or postpartum person. A correctional facility shall ensure all of the following for every person incarcerated at the facility:

AB68,1421,22 (a) That every woman under 50 years of age is offered testing for pregnancy.

AB68,1421,24 (b) That every pregnant person is offered testing for sexually transmitted infections, including HIV.

AB68,1422,2 (c) That every pregnant person who is on a methadone treatment regimen be provided continuing methadone treatment.

AB68,1422,5 (d) That every pregnant person and every person who has given birth in the past 6 weeks is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting.