SB21-SSA1,4228 22Section 4228. 301.03 (9r) of the statutes is repealed.
SB21-SSA1,4229 23Section 4229. 301.03 (10) (a) of the statutes is amended to read:
SB21-SSA1,1289,2524 301.03 (10) (a) Execute the laws relating to the detention, reformation, and
25correction of delinquents delinquent juveniles placed under its jurisdiction.
SB21-SSA1,4230
1Section 4230. 301.03 (10) (b) of the statutes is amended to read:
SB21-SSA1,1290,52 301.03 (10) (b) Direct the aftercare of and supervise all delinquents Supervise
3all juveniles
under its jurisdiction who have been adjudicated delinquent and
4exercise such functions as it deems the department considers appropriate for the
5prevention of delinquency.
SB21-SSA1,4231 6Section 4231. 301.03 (10) (c) of the statutes is amended to read:
SB21-SSA1,1290,167 301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent
8children juveniles under its jurisdiction. To this end, the department shall cooperate
9with courts assigned to exercise jurisdiction under chs. 48 and 938, the department
10of children and families,
county departments under ss. 46.215, 46.22, and 46.23 and,
11licensed child welfare agencies, and institutions in providing community-based
12programming, including in-home programming and intensive supervision, for
13delinquent children juveniles under its jurisdiction. The department shall also
14establish and enforce standards for the development and delivery of services
15provided by the department under ch. 938 in regard to juveniles who have been
16adjudicated delinquent and placed under the jurisdiction of the department.
SB21-SSA1,4232 17Section 4232. 301.03 (10) (d) of the statutes is amended to read:
SB21-SSA1,1290,2218 301.03 (10) (d) Administer the office of juvenile offender review in the division
19of juvenile corrections in the department. The office shall be responsible for decisions
20regarding case planning and the release of juvenile offenders from juvenile
21correctional facilities or secured residential care centers for children and youth to
22aftercare or community supervision placements.
SB21-SSA1,4233 23Section 4233. 301.03 (18) (a) of the statutes is amended to read:
SB21-SSA1,1291,724 301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a
25uniform system of fees for juvenile delinquency-related services provided or

1purchased
correctional services purchased or provided by the department or
2purchased by a county department under s. 46.215, 46.22, or 46.23, except for
3services provided to courts; outreach, information and referral services; or when, as
4determined by the department, a fee is administratively unfeasible or would
5significantly prevent accomplishing the purpose of the service. A county department
6under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program
7to cover the cost of those services.
SB21-SSA1,4234 8Section 4234. 301.03 (18) (am) of the statutes is renumbered 49.32 (1) (ap).
SB21-SSA1,4235 9Section 4235. 301.03 (18) (b) of the statutes is amended to read:
SB21-SSA1,1291,1710 301.03 (18) (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for
11the services purchased or provided or purchased under par. (a) in the amount of the
12fee established under par. (a) any person receiving those services or the spouse of the
13person and, in the case of a minor, the parents of the person, and, in the case of a
14foreign child described in s. 48.839 (1) who became dependent on public funds for his
15or her primary support before an order granting his or her adoption, the resident of
16this state appointed guardian of the child by a foreign court who brought the child
17into this state for the purpose of adoption.
SB21-SSA1,4236 18Section 4236. 301.031 (1) (a) of the statutes is amended to read:
SB21-SSA1,1291,2119 301.031 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall
20submit to the department by December 31 annually its final budget for juvenile
21correctional
services directly provided or purchased.
SB21-SSA1,4237 22Section 4237. 301.031 (2) of the statutes is amended to read:
SB21-SSA1,1292,223 301.031 (2) Assessment of needs. Before developing and submitting a
24proposed budget for the purchase of juvenile correctional services to the county
25executive or county administrator or the county board, the county departments listed

1in sub. (1) shall assess needs and inventory resources and services, using an open
2public participation process.
SB21-SSA1,4238 3Section 4238. 301.031 (2g) (a) of the statutes is amended to read:
SB21-SSA1,1292,184 301.031 (2g) (a) The department shall annually submit to the county board of
5supervisors in a county with a single-county department or the county boards of
6supervisors in counties with a multicounty department a proposed written contract
7containing the allocation of funds for the purchase of juvenile correctional services
8and such administrative requirements as necessary. The contract as approved may
9contain conditions of participation consistent with federal and state law. The
10contract may also include provisions necessary to ensure uniform cost accounting of
11services. Any changes to the proposed contract shall be mutually agreed upon. The
12county board of supervisors in a county with a single-county department or the
13county boards of supervisors in counties with a multicounty department shall
14approve the contract before January 1 of the year in which it takes effect unless the
15department grants an extension. The county board of supervisors in a county with
16a single-county department or the county boards of supervisors in counties with a
17multicounty department may designate an agent to approve addenda to any contract
18after the contract has been approved.
SB21-SSA1,4239 19Section 4239. 301.031 (2g) (b) of the statutes is amended to read:
SB21-SSA1,1293,220 301.031 (2g) (b) The department may not approve contracts for amounts in
21excess of available revenues. The county board of supervisors in a county with a
22single-county department or the county boards of supervisors in counties with a
23multicounty department may appropriate funds for the purchase of juvenile
24delinquency-related correctional services. Actual expenditure of county funds shall

1be reported in compliance with procedures developed by the department, and shall
2comply with standards guaranteeing quality of care comparable to similar facilities.
SB21-SSA1,4240 3Section 4240. 301.031 (2g) (c) of the statutes is amended to read:
SB21-SSA1,1293,74 301.031 (2g) (c) The joint committee on finance may require the department
5to submit contracts between county departments under ss. 46.215, 46.22 , and 46.23
6and providers of service juvenile correctional services to the committee for review
7and approval.
SB21-SSA1,4241 8Section 4241. 301.031 (2r) (a) 1. of the statutes is amended to read:
SB21-SSA1,1293,129 301.031 (2r) (a) 1. Is for juvenile correctional services which that duplicate or
10are inconsistent with services being purchased or provided or purchased by the
11department or other county departments receiving grants-in-aid or reimbursement
12from the department for the purchase of those services.
SB21-SSA1,4242 13Section 4242. 301.031 (2r) (a) 2. of the statutes is amended to read:
SB21-SSA1,1293,1914 301.031 (2r) (a) 2. Is inconsistent with state or federal statutes, rules, or
15regulations, in which case the department may also arrange for provision of juvenile
16correctional
services by an alternate agency. The department may not arrange for
17the provision of those services by an alternate agency unless the joint committee on
18finance or a review body designated by the committee reviews and approves the
19department's determination.
SB21-SSA1,4243 20Section 4243. 301.032 (title) of the statutes is amended to read:
SB21-SSA1,1293,22 21301.032 (title) Juvenile delinquency-related correctional services;
22supervisory functions of state department.
SB21-SSA1,4244 23Section 4244. 301.032 (1) (a) of the statutes is amended to read:
SB21-SSA1,1294,424 301.032 (1) (a) The department shall supervise the administration of juvenile
25delinquency-related correctional services. The department shall submit to the

1federal authorities state plans for the administration of juvenile
2delinquency-related correctional services in such form and containing such
3information as the federal authorities require, and shall comply with all
4requirements prescribed to ensure their correctness.
SB21-SSA1,4245 5Section 4245. 301.032 (1) (b) of the statutes is amended to read:
SB21-SSA1,1294,116 301.032 (1) (b) All records of the department and all county records relating to
7juvenile delinquency-related correctional services shall be open to inspection at all
8reasonable hours by authorized representatives of the federal government.
9Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the
10administration purchase of those services shall be open to inspection at all
11reasonable hours by authorized representatives of the department.
SB21-SSA1,4246d 12Section 4246d. 301.032 (1) (c) of the statutes is amended to read:
SB21-SSA1,1294,2213 301.032 (1) (c) The department may at any time audit all county records
14relating to the administration purchase of juvenile delinquency-related correctional
15services and may at any time conduct administrative reviews of county departments
16under ss. 46.215, 46.22 and 46.23
. If the department conducts such an audit or
17administrative review
in a county, the department shall furnish a copy of the audit
18or administrative review report to the chairperson of the county board of supervisors
19and the county clerk in a county with a single-county department or to the county
20boards of supervisors and the county clerks in counties with a multicounty
21department, and to the director of the county department under s. 46.21, 46.22, or
2246.23.
SB21-SSA1,4247 23Section 4247. 301.032 (2) of the statutes is amended to read:
SB21-SSA1,1295,3
1301.032 (2) The county administration of all laws relating to the purchase of
2juvenile delinquency-related correctional services shall be vested in the officers and
3agencies designated in the statutes.
SB21-SSA1,4248 4Section 4248. 301.067 of the statutes is repealed.
SB21-SSA1,4249 5Section 4249. 301.07 of the statutes is amended to read:
SB21-SSA1,1295,9 6301.07 Cooperation and contracts with federal government. The
7department may cooperate with the federal government in carrying out federal acts
8concerning adult corrections and youth corrections juvenile correctional services and
9may enter into contracts with the federal government under 18 USC 5003.
SB21-SSA1,4250 10Section 4250. 301.08 (2) (a) of the statutes is amended to read:
SB21-SSA1,1295,1911 301.08 (2) (a) All care and services purchased by the department and all care
12and services relating to juvenile delinquency
juvenile correctional services
13purchased by a county department under s. 46.215, 46.22, or 46.23 shall be
14authorized and contracted for under the standards established under this
15subsection. For purchases of $10,000 or less the requirement for a written contract
16may be waived by the department. No contract is required for care provided by foster
17homes required to be licensed under s. 48.62. If the department directly contracts
18for services, it shall follow the procedures in this subsection in addition to meeting
19purchasing requirements established in s. 16.75.
SB21-SSA1,4250c 20Section 4250c. 301.08 (2) (c) 1. of the statutes is amended to read:
SB21-SSA1,1296,621 301.08 (2) (c) 1. Purchase of service contracts Contracts under this section shall
22be written in accordance with rules and procedures established by the department.
23Contracts for client services shall show the total dollar amount to be purchased and;
24shall show
for each service the number of clients to be served, number of client service
25units, the unit rate per client service, and the total dollar amount for each service;

1shall permit the provider of a rate-based service to generate a surplus of revenue
2earned under the contract over allowable costs incurred in the contract period; and
3shall permit a nonprofit corporation that is a provider of a rate-based service or a
4rate-regulated service to retain from that surplus the amounts specified in par. (em)
52., 3., 4., or 5., whichever is applicable. Nothing in this subdivision shall be construed
6to guarantee the generation of a surplus by a provider of a rate-based service
.
SB21-SSA1,4250e 7Section 4250e. 301.08 (2) (c) 3. of the statutes is amended to read:
SB21-SSA1,1296,208 301.08 (2) (c) 3. For proprietary agencies, contracts may include a percentage
9add-on for profit according to rules promulgated by the department. In calculating
10profits generated by a rate-regulated service, a proprietary agency may combine
11revenues in the same manner that a nonprofit corporation is permitted to combine
12revenues under par. (em) 3. a. and may offset surpluses generated by affiliated
13providers against deficits generated by such providers in the same manner that a
14nonprofit corporation is permitted to offset surpluses against deficits under par. (em)
153. b. In calculating profits generated by a rate-based service, a proprietary agency
16that is a successor provider following a merger, acquisition, consolidation,
17reorganization, sale, or other transfer may offset surpluses generated by a
18preexisting provider against deficits generated by such a provider in the same
19manner that a nonprofit corporation is permitted to offset surpluses against deficits
20under par. (em) 4.
SB21-SSA1,4250h 21Section 4250h. 301.08 (2) (e) of the statutes is amended to read:
SB21-SSA1,1296,2422 301.08 (2) (e) The Except as provided in par. (em), the purchaser shall recover
23from provider agencies money paid in excess of the conditions of the contract from
24subsequent payments made to the provider.
SB21-SSA1,4250k 25Section 4250k. 301.08 (2) (em) of the statutes is created to read:
SB21-SSA1,1297,1
1301.08 (2) (em) 1. In this paragraph:
SB21-SSA1,1297,32 a. "Affiliated provider" means a provider that has control of, is subject to the
3control of, or is under common control with another provider.
SB21-SSA1,1297,54 b. "Combined revenues" means the aggregate revenues received by a provider
5from all purchasers of all rate-regulated services provided by the provider.
SB21-SSA1,1297,96 c. "Control" means the possession of the power, directly or indirectly, to direct
7or cause the direction of the management and policies of a provider through the
8ownership of more than 50 percent of the voting rights of the provider, by contract,
9or otherwise.
SB21-SSA1,1297,1510 d. "Provider" means a nonstock corporation organized under ch. 181 that is a
11nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this
12section to provide client services on the basis of a unit rate per client service or a
13county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts
14under this section to provide client services on the basis of a unit rate per client
15service.
SB21-SSA1,1297,2216 e. "Rate-based service" means a service or a group of similar services, as
17determined by the department, provided under one or more contracts between a
18provider and the purchaser of those services that is reimbursed through a
19prospectively set rate and that is distinguishable from other services or groups of
20similar services by the purpose for which funds are provided for that service or group
21of similar services and by the source of funding for that service or group of similar
22services.
SB21-SSA1,1297,2423 f. "Rate-regulated service" means a rate-based service that is reimbursed
24through a rate established under s. 49.343.
SB21-SSA1,1298,18
12. Subject to subds. 3., 4., and 5., if revenue under a contract for the provision
2of a rate-based service exceeds allowable costs incurred in the contract period, the
3provider shall be permitted to retain any surplus generated by that rate-based
4service as provided in this subdivision and to use that retained amount, in the sole
5discretion of the provider, to cover any allowable costs specified in 2 CFR Part 200
6or in any other applicable federal law or regulation. If on December 31 of any year
7the amount accumulated by a provider from all contract periods ending during that
8year for a rate-based service exceeds 5 percent of the total revenue received from all
9of those contract periods, the provider shall provide written notice of that excess to
10all purchasers of that rate-based service and, upon the written request of such a
11purchaser received no later than 6 months after the date of the notice, shall return
12to the purchaser the purchaser's proportional share of that excess. Subject to subds.
133., 4., and 5., a provider may accumulate funds from more than one contract period
14under this subdivision. A contract for a rate-based service may not limit the provider
15to retaining from any surplus generated by that service an amount that is less than
165 percent of the revenue received under the contract. Nothing in this subdivision
17shall be construed to guarantee the generation of a surplus by a provider of a
18rate-based service.
SB21-SSA1,1299,1119 3. a. Subject to subds. 3. b. and 4., if on December 31 of any year the combined
20revenues from all contract periods ending during that year for all rate-regulated
21services exceed the allowable costs related to the provision of those rate-regulated
22services in that year, the provider shall be permitted to retain any surplus generated
23by those rate-regulated services as provided in this subd. 3. a. and to use that
24retained amount, in the sole discretion of the provider, to cover any allowable costs
25specified in 2 CFR Part 200 or in any other applicable federal law or regulation. If

1on December 31 of any year the amount accumulated by a provider from all contract
2periods ending during that year for a rate-regulated service exceeds 5 percent of the
3total revenue received from all of those contract periods, the provider shall provide
4written notice of that excess to all purchasers of that rate-regulated service and,
5upon the written request of such a purchaser received no later than 6 months after
6the date of the notice, shall return to the purchaser the purchaser's proportional
7share of that excess. A contract for a rate-regulated service may not limit the
8provider to retaining from any surplus generated by that service an amount that is
9less than 5 percent of the revenue received under the contract. Nothing in this subd.
103. a. shall be construed to guarantee the generation of a surplus by the provider of
11a rate-regulated service.
SB21-SSA1,1299,2012 b. In calculating under subd. 3. a. the surplus generated by 2 or more affiliated
13providers, any surplus of combined revenues over allowable costs generated by one
14or more of those affiliated providers shall be reduced, but not below zero, by any
15deficit between combined revenues and allowable costs generated by any one or more
16of those affiliated providers. If after that reduction there remains any net surplus,
17that net surplus shall be allocated among the affiliated providers that generated a
18surplus in proportion to the amount of surplus generated by each such affiliated
19provider and subd. 3. a. shall apply to each such affiliated provider's proportionate
20share of that surplus.
SB21-SSA1,1300,221 4. In making the calculations under subds. 2. and 3., if 2 or more providers
22engage in a merger, acquisition, consolidation, reorganization, sale, or other transfer
23resulting in a single successor provider, all surpluses generated by a rate-based
24service or a rate-regulated service provided by a preexisting provider shall be offset
25against all deficits generated by that service provided by a preexisting provider and

1those net surpluses or deficits shall be the surpluses or deficits of the successor
2provider.
SB21-SSA1,1300,93 5. Notwithstanding subd. 2., a county department under s. 46.215 providing
4client services in a county having a population of 750,000 or more or a nonstock,
5nonprofit corporation providing client services in such a county may not retain a
6surplus generated by a rate-based service or accumulate funds from more than one
7contract period for a rate-based service from revenues that are used to meet the
8maintenance-of-effort requirement under the federal temporary assistance for
9needy families program under 42 USC 601 to 619.
SB21-SSA1,1300,1710 6. All providers that are subject to this paragraph shall comply with any
11financial reporting and auditing requirements that the department may prescribe.
12Those requirements shall include a requirement that a provider provide to any
13purchaser and the department any information that the department needs to claim
14federal reimbursement for the cost of any services purchased from the provider and
15a requirement that a provider provide audit reports to any purchaser and the
16department according to standards specified in the provider's contract and any other
17standards that the department may prescribe.
SB21-SSA1,4251 18Section 4251. 301.085 (2) of the statutes is amended to read:
SB21-SSA1,1300,2219 301.085 (2) The department may make payments for juvenile
20delinquency-related payments correctional services directly to recipients, vendors,
21or providers in accordance with law and rules of the department on behalf of the
22counties which have contracts to have such those payments made on their behalf.
SB21-SSA1,4252 23Section 4252. 301.12 (14) (e) 1. of the statutes is amended to read:
SB21-SSA1,1301,724 301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357
25(5m) (a) or 938.363 (2) for support determined under this subsection constitutes an

1assignment of all commissions, earnings, salaries, wages, pension benefits, income
2continuation insurance benefits under s. 40.62, duty disability benefits under s.
340.65,
benefits under ch. 102 or 108 and other money due or to be due in the future
4to the county department under s. 46.215, 46.22 or 46.23 in the county where the
5order was entered or to the department, depending upon the placement of the child
6as specified by rules promulgated under subd. 5. The assignment shall be for an
7amount sufficient to ensure payment under the order.
SB21-SSA1,4253 8Section 4253. 301.16 (1o) (b) of the statutes is amended to read:
SB21-SSA1,1301,199 301.16 (1o) (b) In the selection of classified service employees of the institution
10specified in par. (a), the appointing authority shall, whenever possible, use the
11expanded certification program under rules of the administrator of the division
12director of the bureau of merit recruitment and selection in the office of state
13employment relations
department of administration to ensure that employees of the
14institution reflect the general population of either the county in which the institution
15is located or the most populous county contiguous to the county in which the
16institution is located, whichever population is greater. The administrator director
17of the division bureau of merit recruitment and selection in the department of
18administration shall provide guidelines for the administration of this selection
19procedure.
SB21-SSA1,4254 20Section 4254. 301.26 (title) of the statutes is amended to read:
SB21-SSA1,1301,22 21301.26 (title) Community youth and family aids Juvenile correctional
22services; state services
.
SB21-SSA1,4255 23Section 4255. 301.26 (1) of the statutes is amended to read:
SB21-SSA1,1302,624 301.26 (1) Procedures. The department shall develop procedures for the
25implementation of this section and standards for the development and delivery of

1juvenile delinquency-related services under ch. 938 correctional services, and shall
2provide consultation and technical assistance to aid counties in implementation and
3service delivery
the purchase of those services. The department shall establish
4information systems, and monitoring and evaluation procedures to report
5periodically to the governor and legislature on the state statewide impact of this
6section.
SB21-SSA1,4256 7Section 4256. 301.26 (2) of the statutes is renumbered 48.526 (2) and amended
8to read:
SB21-SSA1,1302,159 48.526 (2) Receipt of funds. (a) All funds to counties under this section shall
10be allocated to county departments under ss. 46.21, 46.215, 46.22 and 46.23 subject
11to ss. 46.495 (2) and 301.031, except that monthly advance payments to the counties
12may be less than one-twelfth of the contracted amounts
48.569 (2) and 49.325. No
13reimbursement may be made to any multicounty department until the counties
14which that established the department have drawn up a detailed contractual
15agreement, approved by the secretary, setting forth the plans for joint sponsorship.
SB21-SSA1,1302,1816 (b) Uniform fees collected or received by counties under s. 301.03 (18) 49.32 (1)
17for services provided under this section shall be applied to cover the cost of the
18services.
SB21-SSA1,1303,219 (c) All funds to counties under this section shall be used to purchase or provide
20community-based juvenile delinquency-related services under ch. 938, as defined
21in s. 46.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011
22(1p),
except that no funds to counties under this section may be used for purposes of
23land purchase, building construction, or maintenance of buildings under s. 46.17,
2446.175, or 301.37, for reimbursement of costs under s. 938.209, for city lockups, or
25for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to

1counties under this section may be used for reimbursement of costs of program
2services, other than basic care and supervision costs, in juvenile detention facilities.
SB21-SSA1,4257 3Section 4257. 301.26 (2m) of the statutes is renumbered 48.526 (2m) and
4amended to read:
SB21-SSA1,1303,85 48.526 (2m) Public participation process. In determining the use of funds
6under this section, county departments under ss. 46.21, 46.215, 46.22 and 46.23 shall
7assess needs using an open public participation process which that involves
8representatives of those receiving services.
SB21-SSA1,4258 9Section 4258. 301.26 (3) (title) of the statutes is renumbered 48.526 (3) (title).
SB21-SSA1,4259 10Section 4259. 301.26 (3) (a) of the statutes is renumbered 48.526 (3) (a) and
11amended to read:
SB21-SSA1,1303,1312 48.526 (3) (a) Receipt of funds under this subsection is contingent upon use of
13 a the public participation process required under sub. (2m).
SB21-SSA1,4260 14Section 4260. 301.26 (3) (c) of the statutes is renumbered 48.526 (3) (c) and
15amended to read:
SB21-SSA1,1303,1816 48.526 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd)
17and (ko)
20.437 (1) (cj) and (o), the department shall allocate funds to each county for
18services under this section.
SB21-SSA1,4261 19Section 4261. 301.26 (3) (dm) of the statutes is renumbered 48.526 (3) (dm).
SB21-SSA1,4262 20Section 4262. 301.26 (3) (e) of the statutes is renumbered 48.526 (3) (e) and
21amended to read:
SB21-SSA1,1304,522 48.526 (3) (e) The department may carry forward $500,000 or 10% of its funds
23allocated under this subsection and not encumbered or carried forward under par.
24(dm) by counties by December 31, whichever is greater, to the next 2 calendar years.
25The department may transfer moneys from or within s. 20.410 (3) (cd) 20.437 (1) (cj)

1to accomplish this purpose. The department may allocate these transferred moneys
2to counties with persistently high rates of juvenile arrests for serious offenses during
3the next 2 calendar years to improve community-based juvenile
4delinquency-related services, as defined in s. 46.011 (1c). The allocation does not
5affect a county's base allocation.
SB21-SSA1,4263 6Section 4263. 301.26 (3) (em) of the statutes is renumbered 48.526 (3) (em) and
7amended to read:
SB21-SSA1,1304,148 48.526 (3) (em) The department may carry forward any emergency funds
9allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm)
10by December 31 to the next 2 calendar years. The department may transfer moneys
11from or within s. 20.410 (3) (cd) 20.437 (1) (cj) to accomplish this purpose. The
12department may allocate these transferred moneys to counties that are eligible for
13emergency payments under sub. (7) (e). The allocation does not affect a county's base
14allocation.
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