2015 Wisconsin Act 55

3. a. Subject to subds. 3. b. and 4., if on December 31 of any year the combined revenues from all contract periods ending during that year for all rate-regulated services exceed the allowable costs related to the provision of those rate-regulated services in that year, the provider shall be permitted to retain any surplus generated by those rate-regulated services as provided in this subd. 3. a. and to use that retained amount, in the sole discretion of the provider, to cover any allowable costs specified in 2 CFR Part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-regulated service exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of that rate-regulated service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. A contract for a rate-regulated service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this subd. 3. a. shall be construed to guarantee the generation of a surplus by the provider of a rate-regulated service.

b. In calculating under subd. 3. a. the surplus generated by 2 or more affiliated providers, any surplus of combined revenues over allowable costs generated by one or more of those affiliated providers shall be reduced, but not below zero, by any deficit between combined revenues and allowable costs generated by any one or more of those affiliated providers. If after that reduction there remains any net surplus, that net surplus shall be allocated among the affiliated providers that generated a surplus in proportion to the amount of surplus generated by each such affiliated provider and subd. 3. a. shall apply to each such affiliated provider's proportionate share of that surplus.

4. In making the calculations under subds. 2. and 3., if 2 or more providers engage in a merger, acquisition, consolidation, reorganization, sale, or other transfer resulting in a single successor provider, all surpluses generated by a rate-based service or a rate-regulated service provided by a preexisting provider shall be offset against all deficits generated by that service provided by a preexisting provider and those net surpluses or deficits shall be the surpluses or deficits of the successor provider.

5. Notwithstanding subd. 2., a county department under s. 46.215 providing client services in a county having a population of 750,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

6. All providers that are subject to this paragraph shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.

55,4251 Section 4251. 301.085 (2) of the statutes is amended to read:

301.085 (2) The department may make payments for juvenile delinquency-related payments correctional services 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 those payments made on their behalf.

55,4252 Section 4252. 301.12 (14) (e) 1. of the statutes is amended to read:

301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

55,4253 Section 4253. 301.16 (1o) (b) of the statutes is amended to read:

301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations department of administration to ensure that employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator director of the division bureau of merit recruitment and selection in the department of administration shall provide guidelines for the administration of this selection procedure.

55,4254 Section 4254. 301.26 (title) of the statutes is amended to read:

301.26 (title) Community youth and family aids Juvenile correctional services; state services.

55,4255 Section 4255. 301.26 (1) of the statutes is amended to read:

301.26 (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. 938 correctional services, and shall provide consultation and technical assistance to aid counties in implementation and service delivery the purchase of those services. The department shall establish information systems, and monitoring and evaluation procedures to report periodically to the governor and legislature on the state statewide impact of this section.

55,4256 Section 4256. 301.26 (2) of the statutes is renumbered 48.526 (2) and amended to read:

48.526 (2) Receipt of funds. (a) All funds to counties under this section shall be allocated to county departments under ss. 46.21, 46.215, 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 48.569 (2) and 49.325. No reimbursement may be made to any multicounty department until the counties which that 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. 301.03 (18) 49.32 (1) 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 community-based juvenile delinquency-related services under ch. 938, as defined in s. 46.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011 (1p), 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. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under s. 938.22. 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 detention facilities.

55,4257 Section 4257. 301.26 (2m) of the statutes is renumbered 48.526 (2m) and amended to read:

48.526 (2m) Public participation process. In determining the use of funds under this section, county departments under ss. 46.21, 46.215, 46.22 and 46.23 shall assess needs using an open public participation process which that involves representatives of those receiving services.

55,4258 Section 4258. 301.26 (3) (title) of the statutes is renumbered 48.526 (3) (title).

55,4259 Section 4259. 301.26 (3) (a) of the statutes is renumbered 48.526 (3) (a) and amended to read:

48.526 (3) (a) Receipt of funds under this subsection is contingent upon use of a the public participation process required under sub. (2m).

55,4260 Section 4260. 301.26 (3) (c) of the statutes is renumbered 48.526 (3) (c) and amended to read:

48.526 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o), the department shall allocate funds to each county for services under this section.

55,4261 Section 4261. 301.26 (3) (dm) of the statutes is renumbered 48.526 (3) (dm).

55,4262 Section 4262. 301.26 (3) (e) of the statutes is renumbered 48.526 (3) (e) and amended to read:

48.526 (3) (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) 20.437 (1) (cj) 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, as defined in s. 46.011 (1c). The allocation does not affect a county's base allocation.

55,4263 Section 4263. 301.26 (3) (em) of the statutes is renumbered 48.526 (3) (em) and amended to read:

48.526 (3) (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) 20.437 (1) (cj) 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.

55,4264 Section 4264. 301.26 (4) (a) of the statutes is amended to read:

301.26 (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. 20.410 (3) (cd) 20.437 (1) (cj), for the costs of care, services, and supplies purchased or provided by the department of corrections 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 for or, and the department of children and families may not 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 corrections children and families may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd) 20.437 (1) (cj).

55,4265 Section 4265. 301.26 (4) (b) of the statutes is amended to read:

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. 46.21, 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 sub. 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).

55,4266 Section 4266. 301.26 (4) (bm) of the statutes is amended to read:

301.26 (4) (bm) Notwithstanding par. (b), the county department under s. 46.21, 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).

55,4267 Section 4267. 301.26 (4) (cm) 1. of the statutes is amended to read:

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, aftercare supervision providers, and corrective sanctions 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.

55,4268 Section 4268. 301.26 (4) (cx) of the statutes is amended to read:

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, 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 institution facility and for care for juveniles transferred from a correctional institution by $17 $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.

55,4269 Section 4269. 301.26 (4) (d) 2. of the statutes is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 2013 2015, and ending on June 30, 2014 2016, the per person daily cost assessment to counties shall be $294 $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $294 $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $125 $148 for departmental corrective sanctions services, and $41 $46 for departmental aftercare services.

55,4270 Section 4270. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

301.26 (4) (d) 2. Beginning on July 1, 2015 2017, and ending on June 30, 2016 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), $148 for departmental corrective sanctions services, and $46 for departmental aftercare services.

55,4271 Section 4271. 301.26 (4) (d) 3. of the statutes is amended to read:

301.26 (4) (d) 3. Beginning on July 1, 2014 2016, and ending on June 30, 2015 2017, the per person daily cost assessment to counties shall be $301 $292 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $301 $292 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $128 $152 for departmental corrective sanctions services, and $41 $48 for departmental aftercare services.

55,4272 Section 4272. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

301.26 (4) (d) 3. Beginning on July 1, 2016 2018, and ending on June 30, 2017 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), $152 for departmental corrective sanctions services, and $48 for departmental aftercare services.

55,4273 Section 4273. 301.26 (4) (d) 5. of the statutes is created to read:

301.26 (4) (d) 5. The per person daily cost assessment to counties for community supervision services under s. 938.533 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.

55,4274 Section 4274. 301.26 (4) (eg) of the statutes is amended to read:

301.26 (4) (eg) For corrective sanctions 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) shall be credited to the appropriation account under s. 20.410 (3) (hr).

55,4275 Section 4275. 301.26 (4) (g) of the statutes is amended to read:

301.26 (4) (g) For juvenile field and institutional aftercare 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) shall be credited to the appropriation account under s. 20.410 (3) (hm).

55,4276 Section 4276. 301.26 (6) (title) of the statutes is renumbered 48.526 (6) (title).

55,4277 Section 4277. 301.26 (6) (a) of the statutes is renumbered 48.526 (6) (a) and amended to read:

48.526 (6) (a) The intent of this subsection is to department shall develop criteria as provided in par. (b) to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o) for purposes described in this section.

55,4278 Section 4278. 301.26 (6) (b) of the statutes is renumbered 48.526 (6) (b) and amended to read:

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

55,4279 Section 4279. 301.26 (7) (intro.) of the statutes is amended to read:

301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2013 2015, and ending on June 30, 2015 2017, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

55,4280 Section 4280. 301.26 (7) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (intro.) and amended to read:

48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2015, and ending on June 30, 2017, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

55,4281 Section 4281. 301.26 (7) (a) of the statutes is amended to read:

301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,478,000 $45,572,100 for the last 6 months of 2013, $90,956,100 2015, $91,150,200 for 2014 2016, and $45,478,100 $45,578,100 for the first 6 months of 2015 2017.

55,4282 Section 4282. 301.26 (7) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (a).

55,4283 Section 4283. 301.26 (7) (b) (intro.) of the statutes is amended to read:

301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2013 2015, $4,000,000 for 2014 2016, and $2,000,000 for the first 6 months of 2015 2017 to counties based on each of the following factors weighted equally:

55,4284 Section 4284. 301.26 (7) (b) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (b).

55,4285 Section 4285. 301.26 (7) (bm) of the statutes is amended to read:

301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2013 2015, $12,500,000 for 2014 2016, and $6,250,000 for the first 6 months of 2015 2017 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

55,4286 Section 4286. 301.26 (7) (bm) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (bm).

55,4287 Section 4287. 301.26 (7) (c) of the statutes is amended to read:

301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2013 2015, $2,106,500 for 2014 2016, and $1,053,300 for the first 6 months of 2015 2017 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

55,4288 Section 4288. 301.26 (7) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (c).

55,4289 Section 4289. 301.26 (7) (e) of the statutes is amended to read:

301.26 (7) (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 2013 2015, $250,000 for 2014 2016, and $125,000 for the first 6 months of 2015 2017. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

55,4290 Section 4290. 301.26 (7) (e) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (e).

55,4291 Section 4291 . 301.26 (7) (h) of the statutes is amended to read:

301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2013 2015, $2,124,800 in 2014 2016, and $1,062,400 in the first 6 months of 2015 2017 for the provision of corrective sanctions services for juveniles 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. 938.533 (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.

55,4292 Section 4292 . 301.26 (7) (h) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (h).

55,4293 Section 4293. 301.26 (8) of the statutes is amended to read:

301.26 (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 2013 2015, $1,333,400 in 2014 2016, and $666,700 in the first 6 months of 2015 2017 for alcohol and other drug abuse treatment programs.

55,4294 Section 4294. 301.26 (8) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (8).

55,4295 Section 4295. 301.263 (title) of the statutes is renumbered 48.528 (title).

55,4296 Section 4296. 301.263 (1) of the statutes is amended to read:

301.263 (1) From the appropriation In each fiscal year, the department shall distribute the amount appropriated 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.

55,4297 Section 4297. 301.263 (1) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.528 (1) and amended to read: