Amendment AA26-AB130

AB130-AA26,2,20 " Section 10m. 20.435 (3) (cg) of the statutes is amended to read:

AB130-AA26,2,23 20.435 (3) (cg) (title) Violent Serious juvenile offenders. The amounts in the schedule for the reimbursement of institutions, alternate care providers and aftercare providers under s. 46.26 (4) (cm).

AB130-AA26, s. 11m Section 11m. 20.435 (3) (hm) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,3,13 20.435 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho), and (hr) and (k), the amounts in the schedule for juvenile correctional services specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except as provided in par. (hr) and (k) and s. 20.410 (1) (hx), all moneys received in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement at juvenile correctional institutions. Counties shall use the funds for purposes specified in s. 46.26.

AB130-AA26, s. 11p Section 11p. 20.435 (3) (hm) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,4,2 20.435 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho) and (hr), the amounts in the schedule for juvenile correctional services specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except as provided in par. (hr) and s. 20.410 (1) (hx), all moneys received in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement at juvenile correctional institutions or secured child caring institutions, as defined in s. 938.02 (15g). Counties shall use the funds for purposes specified in s. 46.26.".

AB130-AA26,4,3 7. Page 28, line 2: after that line insert:

AB130-AA26,4,5 " Section 12m. 20.435 (3) (k) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.".

AB130-AA26,4,6 8. Page 29, line 10: delete lines 10 to 14 and substitute:

AB130-AA26,4,7 " Section 16m. 46.025 of the statutes is repealed.".

AB130-AA26,4,8 9. Page 30, line 8: delete lines 8 to 11 and substitute:

AB130-AA26,4,10 " Section 19m. 46.03 (6) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,4,12 46.03 (6) (a) Except as provided in s. 48.537, execute Execute the laws relating to the detention, reformation and correction of delinquents.".

AB130-AA26,4,13 10. Page 30, line 21: delete "(4g)" and substitute "(4h)".

AB130-AA26,4,14 11. Page 33, line 1: delete "48.366," and substitute "48.366,".

AB130-AA26,4,15 12. Page 33, line 2: delete "(4m)," and substitute "(4h) or (4m),".

AB130-AA26,4,16 13. Page 33, line 3: delete the underscored material.

AB130-AA26,4,17 14. Page 38, line 1: delete lines 1 to 8 and substitute:

AB130-AA26,4,19 " Section 41m. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,5,2 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss. s. 48.366 and 48.537 during previous calendar years.

AB130-AA26, s. 41p Section 41p. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,5,10 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.366, 938.183 (2) and 938.34 or the department of corrections under ss. 48.366, 938.183 (2) and 938.538 during previous calendar years.".

AB130-AA26,5,11 15. Page 38, line 17: delete lines 17 to 25.

AB130-AA26,5,12 16. Page 39, line 1: delete lines 1 to 25 and substitute:

AB130-AA26,5,14 " Section 43m. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,6,2 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services 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 19 years of age or provided to a person subject to an order under s. 48.34 (4g). Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

AB130-AA26, s. 43n Section 43n . 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), section 43m, is repealed and recreated to read:

AB130-AA26,6,17 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services 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 of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

AB130-AA26, s. 43p Section 43p. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), sections 43m and 43n, is amended to read:

AB130-AA26,7,7 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, s. 48.366 and, 51.35 (3), 938.183 (2) or 938.34 or the department of corrections for each person receiving services under s. 48.366 or 938.183 (2). The department of health and social services 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 or 938.183 (2) after the person reaches 18 years of age. Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

AB130-AA26, s. 44m Section 44m. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,7,24 46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on the basis of a per person per day cost estimate adjusted at least annually by the department. Except as provided in pars. (bm), (c), and (cm) and (dr), 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 health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under s. 48.366. Except as provided in pars. (bm), (c), and (cm) and (dr), 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) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under ss. 48.34 (4g) and s. 48.366.

AB130-AA26, s. 44p Section 44p. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,8,17 46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on the basis of a per person per day cost estimate adjusted at least annually by the department. 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 chs. 48 and 938 for each person receiving services from the department of health and social services under s. 48.366, 51.35 (3), 938.183 (2) or 938.34 or the department of corrections under s. 48.366 or 938.183 (2). 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) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 or the department of corrections under ss. 48.366, 938.183 (2) and 938.34 (4h).".

AB130-AA26,8,18 17. Page 40, line 1: delete lines 1 to 25.

AB130-AA26,8,19 18. Page 41, line 1: delete lines 1 and 2 and substitute:

AB130-AA26,8,21 " Section 45m. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,9,3 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department of health and social services shall pay, from the appropriation under s. 20.435 (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 pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB130-AA26, s. 45p Section 45p. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,9,11 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), the department of health and social services shall pay, from the appropriation under s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 who was under the guardianship of the department pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB130-AA26, s. 46m Section 46m. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,9,20 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions for costs incurred beginning on January 1, 1995, for the care of any child who is placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or 943.32 (2).

AB130-AA26, s. 46p Section 46p. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,9,25 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions operated by the department and secured child caring institutions, as defined in s. 938.02 (15g), for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over who is placed in a juvenile correctional facility operated by the department or secured child caring institution 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.

AB130-AA26, s. 46r Section 46r. 46.26 (4) (cm) 1m. of the statutes is amended to read:

AB130-AA26,10,18 46.26 (4) (cm) 1m. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (ho) for the purpose of reimbursing alternate care and aftercare providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over who is receiving alternate care or aftercare 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.

AB130-AA26, s. 47m Section 47m. 46.26 (4) (cm) 2. of the statutes is renumbered 46.26 (4) (cm) 3. and amended to read:

AB130-AA26,11,3 46.26 (4) (cm) 3. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing juvenile or adult correctional institutions and alternate care and aftercare providers for costs incurred beginning on January July 1, 1995 1996, for the care of any person 19 14 years of age or over and under 18 years of age who is placed in an a juvenile or adult correctional facility under s. 48.366 (8) or 938.183 (2) based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

AB130-AA26, s. 47r Section 47r. 46.26 (4) (cm) 4. of the statutes is created to read:

AB130-AA26,11,8 46.26 (4) (cm) 4. The per person daily reimbursement rate to juvenile and adult correctional institutions under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. to 4. for care in a juvenile or adult correctional institution.".

AB130-AA26,11,10 19. Page 41, line 12: delete "48.366 ss. 938.183 (2) and 938.366" and substitute "ss. 48.366 and 938.183 (2)".

AB130-AA26,11,11 20. Page 41, line 19: delete lines 19 to 25.

AB130-AA26,11,12 21. Page 42, line 1: delete lines 1 to 17 and substitute:

AB130-AA26,11,13 " Section 51m. 46.26 (4) (d) 3. of the statutes is amended to read:

AB130-AA26,11,22 46.26 (4) (d) 3. In calendar year 1994 Beginning January 1, 1996, and ending June 30, 1996, the per person daily cost assessment to counties shall be $111.73 for care in a juvenile correctional institution, $111.73 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for departmental corrective sanctions services and $12.96 for departmental aftercare services.

AB130-AA26, s. 51p Section 51p. 46.26 (4) (d) 3m. of the statutes is created to read:

AB130-AA26,12,10 46.26 (4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the per person daily cost assessment to counties shall be $111.73 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children transferred from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.".

AB130-AA26,12,11 22. Page 43, line 6: delete lines 6 to 11 and substitute:

AB130-AA26,12,12 " Section 52m. 46.26 (4) (dm) of the statutes is amended to read:

AB130-AA26,12,17 46.26 (4) (dm) The department of health and social services shall promulgate rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a person in an adult correctional institution. The rate shall not vary according to the adult correctional institution where a person is placed. The rate shall reflect the average daily cost associated with maintaining prisoners in adult correctional institutions.

AB130-AA26, s. 53m Section 53m. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.".

AB130-AA26,12,20 23. Page 45, line 11: delete "offenses" and substitute "offenses arrests".

AB130-AA26,12,21 24. Page 48, line 5: after that line insert:

AB130-AA26,12,22 " Section 73m. 48.02 (1) of the statutes is amended to read:

AB130-AA26,13,2 48.02 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

AB130-AA26, s. 73p Section 73p. 48.02 (2) of the statutes is amended to read:

AB130-AA26,13,7 48.02 (2) "Child" means a person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "child" does not include a person who has attained 17 years of age.".

AB130-AA26,13,8 25. Page 48, line 9: delete that line and substitute:

AB130-AA26,13,9 " Section 75m. 48.02 (3m) of the statutes is amended to read:

AB130-AA26,13,13 48.02 (3m) "Delinquent" means a child who is less than 18 17 years of age and 12 years of age or older who has violated any state or federal criminal law, except as provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 48.355 (6g).

AB130-AA26, s. 75p Section 75p. 48.02 (3m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.".

AB130-AA26,13,16 26. Page 48, line 13: after that line insert:

AB130-AA26,13,18 " Section 77m. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,13,23 48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 is operated.".

AB130-AA26,13,24 27. Page 48, line 14: after "377" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,14,1 28. Page 53, line 6: after that line insert:

AB130-AA26,14,3 " Section 92m. 48.065 (3) (f) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,14,4 48.065 (3) (f) Make any dispositional order under s. 48.34 (4g) or (4m).".

AB130-AA26,14,5 29. Page 53, line 7: after "377" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,14,7 30. Page 54, line 14: before "is" insert ", as affected by 1995 Wisconsin Act .... (this act),".

AB130-AA26,14,8 31. Page 54, line 14: delete that line and substitute:

AB130-AA26,14,9 " Section 103m. 48.12 (1) of the statutes is amended to read:

AB130-AA26,14,12 48.12 (1) The court has exclusive jurisdiction, except as provided in ss. 48.17, 48.18 and 48.183, over any child who is less than 17 years of age and 12 years of age or older and who is alleged to be delinquent as defined in s. 48.02 (3m).

AB130-AA26, s. 103p Section 103p. 48.12 (2) of the statutes is amended to read:

AB130-AA26,14,21 48.12 (2) If a court proceeding has been commenced under this section before a child is 18 17 years of age, but the child becomes 18 17 years of age before admitting the facts of the petition at the plea hearing or if the child denies the facts, before an adjudication, the court retains jurisdiction over the case to dismiss the action with prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree. If the court finds that the child has failed to fulfill the express terms and conditions of the consent decree or the child objects to the continuation of the consent decree, the court may waive its jurisdiction.".

AB130-AA26,14,22 32. Page 55, line 18: delete lines 18 and 19 and substitute:

AB130-AA26,14,23 " Section 114d. 48.18 (title) and (1) of the statutes are repealed.

AB130-AA26, s. 114g Section 114g. 48.18 (2) of the statutes is repealed.

AB130-AA26, s. 114j Section 114j. 48.18 (2m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.