2015 Wisconsin Act 55

55,4237 Section 4237. 301.031 (2) of the statutes is amended to read:

301.031 (2) Assessment of needs. Before developing and submitting a proposed budget for the purchase of juvenile correctional services to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

55,4238 Section 4238. 301.031 (2g) (a) of the statutes is amended to read:

301.031 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for the purchase of juvenile correctional services and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

55,4239 Section 4239. 301.031 (2g) (b) of the statutes is amended to read:

301.031 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for the purchase of juvenile delinquency-related correctional services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

55,4240 Section 4240. 301.031 (2g) (c) of the statutes is amended to read:

301.031 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of service juvenile correctional services to the committee for review and approval.

55,4241 Section 4241. 301.031 (2r) (a) 1. of the statutes is amended to read:

301.031 (2r) (a) 1. Is for juvenile correctional services which that duplicate or are inconsistent with services being purchased or provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department for the purchase of those services.

55,4242 Section 4242. 301.031 (2r) (a) 2. of the statutes is amended to read:

301.031 (2r) (a) 2. Is inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for provision of juvenile correctional services by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

55,4243 Section 4243. 301.032 (title) of the statutes is amended to read:

301.032 (title) Juvenile delinquency-related correctional services; supervisory functions of state department.

55,4244 Section 4244. 301.032 (1) (a) of the statutes is amended to read:

301.032 (1) (a) The department shall supervise the administration of juvenile delinquency-related correctional services. The department shall submit to the federal authorities state plans for the administration of juvenile delinquency-related correctional services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

55,4245 Section 4245. 301.032 (1) (b) of the statutes is amended to read:

301.032 (1) (b) All records of the department and all county records relating to juvenile delinquency-related correctional services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the administration purchase of those services shall be open to inspection at all reasonable hours by authorized representatives of the department.

55,4246d Section 4246d. 301.032 (1) (c) of the statutes is amended to read:

301.032 (1) (c) The department may at any time audit all county records relating to the administration purchase of juvenile delinquency-related correctional services and may at any time conduct administrative reviews of county departments under ss. 46.215, 46.22 and 46.23. If the department conducts such an audit or administrative review in a county, the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21, 46.22, or 46.23.

55,4247 Section 4247. 301.032 (2) of the statutes is amended to read:

301.032 (2) The county administration of all laws relating to the purchase of juvenile delinquency-related correctional services shall be vested in the officers and agencies designated in the statutes.

55,4248 Section 4248. 301.067 of the statutes is repealed.

55,4249 Section 4249. 301.07 of the statutes is amended to read:

301.07 Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections juvenile correctional services and may enter into contracts with the federal government under 18 USC 5003.

55,4250 Section 4250. 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 juvenile correctional services 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.

55,4250c Section 4250c. 301.08 (2) (c) 1. of the statutes is amended to read:

301.08 (2) (c) 1. Purchase of service contracts Contracts under this section shall be written in accordance with rules and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and; shall show for each service the number of clients to be served, number of client service units, the unit rate per client service, and the total dollar amount for each service; shall permit the provider of a rate-based service to generate a surplus of revenue earned under the contract over allowable costs incurred in the contract period; and shall permit a nonprofit corporation that is a provider of a rate-based service or a rate-regulated service to retain from that surplus the amounts specified in par. (em) 2., 3., 4., or 5., whichever is applicable. Nothing in this subdivision shall be construed to guarantee the generation of a surplus by a provider of a rate-based service.

55,4250e Section 4250e. 301.08 (2) (c) 3. of the statutes is amended to read:

301.08 (2) (c) 3. For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department. In calculating profits generated by a rate-regulated service, a proprietary agency may combine revenues in the same manner that a nonprofit corporation is permitted to combine revenues under par. (em) 3. a. and may offset surpluses generated by affiliated providers against deficits generated by such providers in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under par. (em) 3. b. In calculating profits generated by a rate-based service, a proprietary agency that is a successor provider following a merger, acquisition, consolidation, reorganization, sale, or other transfer may offset surpluses generated by a preexisting provider against deficits generated by such a provider in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under par. (em) 4.

55,4250h Section 4250h. 301.08 (2) (e) of the statutes is amended to read:

301.08 (2) (e) The Except as provided in par. (em), the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.

55,4250k Section 4250k. 301.08 (2) (em) of the statutes is created to read:

301.08 (2) (em) 1. In this paragraph:

a. "Affiliated provider" means a provider that has control of, is subject to the control of, or is under common control with another provider.

b. "Combined revenues" means the aggregate revenues received by a provider from all purchasers of all rate-regulated services provided by the provider.

c. "Control" means the possession of the power, directly or indirectly, to direct or cause the direction of the management and policies of a provider through the ownership of more than 50 percent of the voting rights of the provider, by contract, or otherwise.

d. "Provider" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.

e. "Rate-based service" means a service or a group of similar services, as determined by the department, provided under one or more contracts between a provider and the purchaser of those services that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of similar services by the purpose for which funds are provided for that service or group of similar services and by the source of funding for that service or group of similar services.

f. "Rate-regulated service" means a rate-based service that is reimbursed through a rate established under s. 49.343.

2. Subject to subds. 3., 4., and 5., if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider shall be permitted to retain any surplus generated by that rate-based service as provided in this subdivision 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-based 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-based 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. Subject to subds. 3., 4., and 5., a provider may accumulate funds from more than one contract period under this subdivision. A contract for a rate-based 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 subdivision shall be construed to guarantee the generation of a surplus by a provider of a rate-based service.

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.