1995 Wisconsin Act 27

27,6358r Section 6358r. 301.07 of the statutes is amended to read:

301.07 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections.

27,6358x Section 6358x. 301.08 (1) (b) 1. of the statutes is amended to read:

301.08 (1) (b) 1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, placed on probation or community supervision to the department by a court of record, or released from a state correctional or penal institution. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.

27,6359 Section 6359 . 301.08 (1) (c) of the statutes is created to read:

301.08 (1) (c) 1. In this paragraph:

a. “Administrative supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 6 months between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.

b. “Minimum supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 90 days between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.

2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision of probationers and parolees who are under minimum supervision or administrative supervision. The contract shall authorize any such vendor to charge a fee to probationers and parolees sufficient to cover the cost of supervision and administration of the contract. If the department collects any moneys from a vendor under the contract, the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge). The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and parolees supervised by the vendor.

27,6360 Section 6360 . 301.08 (2) (a) of the statutes is amended to read:

301.08 (2) (a) All care and services purchased by the department and all care and services relating to juvenile delinquency purchased by a county department under s. 46.215, 46.22 or 46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75.

27,6360m Section 6360m. 301.085 of the statutes is created to read:

301.085 Payment of benefits. (1) The department may make payments of benefits directly to persons who are authorized to receive those payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of making those payments.

(2) The department may make juvenile delinquency-related payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.

(3) The county department under s. 46.215, 46.22 or 46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. The county department under s. 46.215, 46.22 or 46.23 shall provide the department all necessary information in the manner prescribed by the department.

(4) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 301.26.

27,6361 Section 6361 . 301.12 of the statutes is created to read:

301.12 Uniform fee schedule; collections. The department of corrections shall establish fees for juvenile correctional services provided by that department which shall be included in the uniform system of fees established by the department of health and social services under s. 46.03 (18). Collections and liability enforcement of fee chargeable services for the department of corrections shall be performed by the department of health and social services under ss. 46.03 (18), 46.10 and 48.36.

27,6362 Section 6362 . 301.135 (1) of the statutes is amended to read:

301.135 (1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders and to children who are placed on electronic monitoring under s. 48.21 (4m), 48.34 (3g) or 48.355 (6) (d) 3. The department shall charge a fee to counties for providing these services.

27,6362g Section 6362g. 301.135 (2) of the statutes is amended to read:

301.135 (2) The department may charge a fee to offenders under its supervision to cover the costs associated with electronic monitoring. The department may charge a fee under this subsection or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expenses twice.

27,6363 Section 6363 . 301.135 (3m) of the statutes is repealed.

27,6363g Section 6363g. 301.16 (1n) of the statutes is created to read:

301.16 (1n) In addition to the institutions under sub. (1), the department shall establish a maximum security correctional institution that constitutes the prison expansion project enumerated in 1995 Wisconsin Act .... (this act), section 9108 (1) (b), and that is located at a site selected by the building commission.

27,6363h Section 6363h. 301.18 (1) (bw) of the statutes is created to read:

301.18 (1) (bw) Provide the facilities necessary for the correctional institution under s. 301.16 (1n).

27,6363j Section 6363j. 301.20 of the statutes is created to read:

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 deems 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. 48.34 (4h) or (4m). All laws pertaining to the care of children received under s. 48.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.557.

27,6363m Section 6363m. 301.205 of the statutes is created to read:

301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility, as defined in s. 48.02 (15m). If the department decides to provide the reimbursement, it shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

27,6363p Section 6363p. 301.26 of the statutes is created to read:

301.26 Community youth and family aids. (1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of juvenile delinquency-related services under ch. 48, and shall provide consultation and technical assistance to aid counties in implementation and service delivery. The department shall establish information systems, monitoring and evaluation procedures to report periodically to the governor and legislature on the state impact of this section.

(2) Receipt of funds. (a) All funds to counties under this section shall be allocated to county departments under ss. 46.21, 46.22 and 46.23 subject to ss. 46.495 (2) and 301.031, except that monthly advance payments to the counties may be less than one-twelfth of the contracted amounts. No reimbursement may be made to any multicounty department until the counties which established the department have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.

(b) Uniform fees collected or received by counties under s. 46.03 (18) for services provided under this section shall be applied to cover the cost of the services.

(c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under s. 46.17, 46.175 or 301.37, for reimbursement of costs under s. 48.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.

(2m) Public participation process. In determining the use of funds under this section, county departments under ss. 46.21, 46.22 and 46.23 shall assess needs using an open public participation process which involves representatives of those receiving services.

(3) Grants-in-aid. (a) Receipt of funds under this subsection is contingent upon use of a public participation process required under sub. (2m).

(c) Within the limits of the appropriations under s. 20.410 (3) (cd) and (oo), the department shall allocate funds to each county for services under this section.

(dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.

(e) The department may carry forward $500,000 or 10% of its funds allocated under this subsection and not encumbered or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services. The allocation does not affect a county's base allocation.

(em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

(4) State services. (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under ss. 48.34 and 48.366 or the department of health and social services for each person receiving services under s. 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 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 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

(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. to 4. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. 48 for each person receiving services from the department of corrections under ss. 48.34 and 48.366 or the department of health and social services under s. 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 sub. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under ss. 48.34 and 48.366 and the department of health and social services under s. 51.35 (3).

(bm) Notwithstanding par. (b), the county department under s. 46.21, 46.22 or 46.23 of the county of residency of a child 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).

(c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the guardianship of the department of health and social services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

(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 institutions, secured child caring institutions, as defined in s. 48.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 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. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.

2. 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 institutions, secured child caring institutions, as defined in s. 48.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

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) 3m. and 4. for juvenile correctional services.

(d) 1. Except as provided in pars. (e) to (g), for services under s. 48.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hm).

1m. Except as provided in pars. (e) to (g), for services under s. 48.366, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hm).

3m. Beginning on July 1, 1996, and ending on December 31, 1996, the per person daily cost assessment to counties shall be $153.98 for care in a child caring institution, $106.82 for care in a group home for children, $23.80 for care in a foster home, $68.58 for care in a treatment foster home, $82.11 for departmental corrective sanctions services and $11.48 for departmental aftercare services.

4. Beginning on January 1, 1997, and ending on June 30, 1997, the per person daily cost assessment to counties shall be $157.08 for care in a child caring institution, $108.98 for care in a group home for children, $24.29 for care in a foster home, $69.95 for care in a treatment foster home, $82.11 for departmental corrective sanctions services and $11.48 for departmental aftercare services.

(dt) For serious juvenile offender services, all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation account under s. 20.410 (3) (hm).

(e) For foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.553 (3) and (8), 48.557 and 49.19 (10) (d) all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

(ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 48.533 (3) and (8), 48.557 and 49.19 (10) (d) all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

(eg) For corrective sanctions services under s. 48.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hr).

(f) For services under s. 51.35 (3), payments made under par. (d) for services to children who are ineligible for medical assistance under subch. IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.

(g) For juvenile field and institutional aftercare services under ch. 48 and for the juvenile offender review program, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

(6) Performance standards. (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and (oo) for purposes described in this section.

(b) The department shall submit recommendations to the joint committee on finance regarding performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional institutions and into less restrictive community programs and are successfully rehabilitating children adjudged delinquent on or before December 31, 1987. Beginning on January 1, 1988, counties shall provide information requested by the department in order to apply the criteria and assess performances.

(7) Allocations of funds. Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (oo), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1996, and ending on June 30, 1997, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

(a) For community youth and family aids under this section, amounts not to exceed $37,243,500 for the last 6 months of 1996 and $37,347,600 for the first 6 months of 1997.

(e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 1996 and $125,000 for the first 6 months of 1997. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

(h) For counties that are participating in the corrective sanctions program under s. 48.533 (2), $1,062,400 in the last 6 months of 1996 and $1,062,400 in the first 6 months of 1997 for the provision of corrective sanctions services for children from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 48.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

(8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 1996 and $666,700 in the first 6 months of 1997 for alcohol and other drug abuse treatment programs.

27,6363r Section 6363r. 301.263 of the statutes is created to read:

301.263 Community intervention program. (1) From the appropriation under s. 20.410 (3) (f), the department shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

(2) To determine eligibility for a payment under sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately.

(3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children statewide who are placed in a juvenile correctional institution, during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

27,6363t Section 6363t. 301.265 of the statutes is created to read:

301.265 Diversion of youth from gang activities. (1) From the appropriation under s. 20.410 (3) (jk), the department shall allocate $250,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

(2) From the appropriation under s. 20.410 (3) (p), the department shall allocate $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

(3) From the appropriation under s. 20.410 (3) (jk), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, and $100,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

27,6363v Section 6363v. 301.27 (1) of the statutes is amended to read:

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 employes of the state correctional institutions and members of the employe'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), (hm) and (j). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.

27,6363x Section 6363x. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

301.28 (1) In this section, “correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of children at a secured correctional facility, as defined in s. 48.02 (15m), operated by the department.

27,6364 Section 6364 . 301.32 (title) and (1) of the statutes are amended to read:

301.32 (title) Property of prisoners , residents and probationers. (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of a the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

27,6364c Section 6364c. 301.32 (3) (a) of the statutes is amended to read:

301.32 (3) (a) All money or other property paid or delivered to a probation and parole agent or other employe of the department by or for the benefit of any person on probation, community supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.

27,6364d Section 6364d. 301.32 (3) (b) of the statutes is amended to read:

301.32 (3) (b) If the person on probation, community supervision or parole absconds, the money shall be credited to the revolving fund created by s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.

27,6364g Section 6364g. 301.325 of the statutes is created to read:

301.325 Prisoner reimbursement to the state. The department may charge a prisoner for some or all of the costs to the department of the prisoner's incarceration. The department may collect from the inmate during his or her incarceration or after his or her release or both. Upon the request of the department, the attorney general may bring a civil action to recover costs under this section that the department has been unable to collect. The department may not recover under this section for any costs already recovered as otherwise provided in chs. 301 to 303. The department shall promulgate rules providing a method of charging under this section that is based on a prisoner's ability to pay and providing procedures for collection of the costs.

27,6364L Section 6364L. 301.35 (2) (am) of the statutes is created to read:

301.35 (2) (am) A person on community supervision.

27,6364m Section 6364m. 301.36 (1) of the statutes is amended to read: