1. Assembly Amendments 25 and 26 both affect s. 48.396 (1). This bill reflects
the effect of both of those amendments.
2. Assembly Amendments 25 and 41 both affect s. 118.125 (2) (d). This bill gives
effect to both of those amendments.
3. Assembly Amendment 25 affects s. 120.24 (12), as created by this bill.
Assembly Amendment 26 removes s. 120.24 (12). This bill reflects the effect of
Assembly Amendment 26.
4. Assembly Amendments 25 and 32 both affect s. 938.355 (6) (d) 1., as created
by the bill. This bill gives effect to both of those amendments.
5. Assembly Amendment 25 affects s. 938.366, as created by the bill. Assembly
Amendment 26 removes s. 938.366. This bill reflects the effect of Assembly
Amendment 26.
6. Assembly Amendments 25 and 40 both affect s. 938.396 (1), as created by the
bill. This bill gives effect to both of those amendments.
7. Assembly Amendments 25 and 41 both affect s. 938.396 (7) (c), as created by
the bill. This bill gives effect to both of those amendments.
8. Assembly Amendments 25 and 26 both affect s. 938.505 (2) (b), as created
by the bill. This bill gives effect to both of those amendments.
9. Assembly Amendments 25 and 26 both affect s. 938.51 (1) (intro.), as created
by the bill. This bill gives effect to both of those amendments.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB130-engrossed,8,22
16.51
(7) (title)
Audit claims for expenses in connection with prisoners and
3children in secured correctional facilities. Receive, examine, determine and
4audit claims, duly certified and approved by the department of corrections
or the
5department of health and social services, from the county clerk of any county in
6behalf of the county, which are presented for payment to reimburse the county for
7certain expenses incurred or paid by it in reference to all matters growing out of
8actions and proceedings involving prisoners in state prisons, as defined in s. 302.01,
9or children in secured correctional facilities, as defined in s. 938.02 (15m), including
10prisoners
or children transferred to a mental health institute for observation or
11treatment, when the proceedings are commenced in counties in which the prisons
or
12secured correctional facilities are located by a district attorney or by the prisoner
or
13child as a postconviction remedy or a matter involving the prisoner's status as a
14prisoner
or the child's status as a resident of a secured correctional facility and for
15certain expenses incurred or paid by it in reference to holding those children in
16secure custody while those actions or proceedings are pending. Expenses shall only
17include the amounts
as that were necessarily incurred and actually paid and shall
1be no more than the legitimate cost would be to any other county had the offense or
2crime occurred therein.
AB130-engrossed,8,54
17.10
(6) (b) 1. Disposition staff and intake workers appointed
to provide
5services under
ch. chs. 48
and 938.
AB130-engrossed,8,127
19.35
(1) (am) 2. c. Endanger the security of any state correctional institution,
8as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional
9facility, as defined in s.
48.02 938.02 (15m),
secured child caring institution, as
10defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center
11for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff
12of any of these institutions, facilities or jails.
AB130-engrossed,9,3
120.410
(1) (c) (title)
Reimbursement claims of counties containing state
2institutions prisons. A sum sufficient to pay all valid claims made by county clerks
3of counties containing
certain state
institutions prisons as provided in s. 16.51 (7).
AB130-engrossed,9,95
20.410
(1) (hx)
Extended jurisdiction services. The amounts in the schedule for
6services to persons younger than
19 18 years old placed with the department under
7s. 48.366 (8). All moneys received in payment for services provided by the
8department specified in s. 46.26 (4) (d) 1m
. and all moneys transferred under s. 46.26
9(4) (cm) 2
. shall be credited to this appropriation.
AB130-engrossed, s. 6p
10Section 6p. 20.410 (1) (hx) of the statutes, as affected by 1995 Wisconsin Act
11.... (this act), is repealed and recreated to read:
AB130-engrossed,9,1612
20.410
(1) (hx)
Extended jurisdiction services. The amounts in the schedule for
13services to persons younger than 18 years old placed with the department under s.
1448.366 (8) or 938.183 (2). All moneys received in payment for services provided by
15the department specified in s. 46.26 (4) (d) 1m. and all moneys transferred under s.
1646.26 (4) (cm) 3. shall be credited to this appropriation.
AB130-engrossed,9,2320
20.435
(3) (c)
Reimbursement claims of counties containing secured
21correctional facilities. The amounts in the schedule to pay all valid claims made by
22county clerks of counties containing state juvenile correctional institutions as
23provided in s. 16.51 (7).
AB130-engrossed,10,13
120.435
(3) (cd)
Community youth and family aids. The amounts in the schedule
2for the improvement and provision of juvenile delinquency-related services under
3s. 46.26 and for reimbursement to counties having a population of less than 500,000
4for the cost of court attached intake services as provided in s.
48.06 938.06 (4).
5Disbursements may be made from this appropriation under s. 46.03 (20). Refunds
6received relating to payments made under s. 46.03 (20) shall be returned to this
7appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), but subject to s.
846.26 (3) (f), the department of health and social services may transfer moneys under
9this paragraph between fiscal years. Except for moneys authorized for transfer
10under s. 46.26 (3), all moneys from this paragraph allocated under s. 46.26 (3) and
11not spent or encumbered by counties by December 31 of each year shall lapse into the
12general fund on the succeeding January 1. The joint committee on finance may
13transfer additional moneys to the next calendar year.
AB130-engrossed,10,1715
20.435
(3) (cg) (title)
Violent Serious juvenile offenders. The amounts in the
16schedule for the reimbursement of institutions
, alternate care providers and
17aftercare providers under s. 46.26 (4) (cm).
AB130-engrossed,11,520
20.435
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
, 21and (hr)
and (k), the amounts in the schedule for juvenile correctional services
22specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1
.,
23and, except as provided in par. (hr)
and (k) and s. 20.410 (1) (hx), all moneys received
24in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be
25credited to this appropriation. If moneys generated by the monthly rate exceed
1actual fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall
2be remitted to the counties during the subsequent calendar year. Each county shall
3receive a proportionate share of the remittance depending on the total number of
4days of placement at juvenile correctional institutions. Counties shall use the funds
5for purposes specified in s. 46.26.
AB130-engrossed,11,198
20.435
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
9and (hr), the amounts in the schedule for juvenile correctional services specified in
10s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except
11as provided in par. (hr) and s. 20.410 (1) (hx), all moneys received in payment for
12juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this
13appropriation. If moneys generated by the monthly rate exceed actual fiscal year
14institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the
15counties during the subsequent calendar year. Each county shall receive a
16proportionate share of the remittance depending on the total number of days of
17placement at juvenile correctional institutions or secured child caring institutions,
18as defined in s. 938.02 (15g). Counties shall use the funds for purposes specified in
19s. 46.26.
AB130-engrossed,12,821
20.435
(3) (ho)
Juvenile residential aftercare. Under s. 46.26 (4) (e), the
22amounts in the schedule for providing foster care, treatment foster care, group home
23care and institutional child care to delinquent children under ss.
48.48 (4) and (14),
2448.52 and 49.19 (10) (d)
, 938.48 (4) and (14) and 938.52. All moneys received in
25payment for providing foster care, treatment foster care, group home care and
1institutional child care to delinquent children under ss.
48.48 (4) and (14), 48.52 and 249.19 (10) (d)
, 938.48 (4) and (14) and 938.52 shall be credited to this appropriation.
3If moneys generated by the monthly rate exceed actual fiscal year foster care,
4treatment foster care, group home care and institutional child care costs by 2% or
5more, all moneys in excess of 2% shall be remitted to the counties during the
6subsequent calendar year. Each county shall receive a proportionate share of the
7remittance depending on the total number of days of placement in foster care,
8treatment foster care, group home care or institutional child care.
AB130-engrossed,12,1712
20.435
(3) (o)
Federal aid; foster care and treatment foster care. All federal
13moneys received for meeting the costs of providing foster care, treatment foster care
14and institutional child care to delinquent children under ss.
48.48 938.48 (4) and (14)
15and
48.52 938.52, and for the cost of care for children under s. 49.19 (10) (d). All
16moneys received under this paragraph shall be deposited in the general fund as a
17nonappropriated receipt.
AB130-engrossed,13,1019
20.435
(7) (b)
Community aids. The amounts in the schedule for human
20services under s. 46.40, for reimbursement to counties having a population of less
21than 500,000 for the cost of court attached intake services under s. 48.06 (4), for
22shelter care under ss.
48.22 and 48.58
and 938.22 and for foster care and treatment
23foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b)
24may be made from this appropriation. Refunds received relating to payments made
25under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated
1under this paragraph shall be returned to this appropriation. Notwithstanding ss.
220.001 (3) (a) and 20.002 (1), the department of health and social services may
3transfer funds between fiscal years under this paragraph. The department shall
4deposit into this appropriation funds it recovers under ss. 49.52 (2) (b) and 51.423
5(15) from prior year audit adjustments including those resulting from audits of
6services under s. 46.26 or 46.27. Except for amounts authorized to be carried forward
7under s. 46.45, all funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and all funds
8allocated under s. 46.40 and not spent or encumbered by December 31 of each year
9shall lapse to the general fund on the succeeding January 1 unless carried forward
10to the next calendar year by the joint committee on finance.
AB130-engrossed,13,1712
38.24
(1s) Additional fees. A district board may establish and charge a fee in
13addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse
14education program offered to individuals under s. 48.245 (2) (a) 4.,
48.32 (1g) (b), 1548.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245
16(2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g)
17(a).
AB130-engrossed,13,2320
46.03
(1) Institutions governed. Maintain and govern all secured correctional
21facilities, as defined in s.
48.02 938.02 (15m), that are operated by the department;
22the Mendota and the Winnebago mental health institutes; and the centers for the
23developmentally disabled.
AB130-engrossed,14,12
146.03
(4) (b) 1. The department, in order to discharge more effectively its
2responsibilities under this chapter and
ch. chs. 48
and 938 and other relevant
3provisions of the statutes, is authorized to study causes and methods of prevention
4and treatment of juvenile delinquency, mental illness, mental deficiency, mental
5infirmity, and related social problems, including establishment of demonstration
6projects to apply and evaluate such methods in actual cases. The department is
7directed and authorized to utilize all powers provided by the statutes, including the
8authority under sub. (2a), to accept grants of money or property from federal, state
9or private sources, and to enlist the cooperation of other appropriate agencies and
10state departments; it may enter into agreements with local government
11subdivisions, departments and agencies for the joint conduct of such projects; and it
12may purchase services when deemed appropriate.
AB130-engrossed,14,1615
46.03
(6) (a)
Except as provided in s. 48.537, execute Execute the laws relating
16to the detention, reformation and correction of delinquents.
AB130-engrossed,15,218
46.03
(7) (a) Promote the enforcement of laws for the protection of
19developmentally disabled children, delinquent children, children in need of
20protection or services and nonmarital children; and to this end cooperate with courts
21assigned to exercise jurisdiction under
ch. chs. 48
and 938 and licensed child welfare
22agencies and institutions (public and private) and take the initiative in all matters
23involving the interests of such children where adequate provision therefor has not
24already been made, including the establishment and enforcement of standards for
1services provided under ss.
48.34 and 48.345
, 938.34 and 938.345, other than
2services provided by the department of corrections under s. 938.34 (4h).
AB130-engrossed,15,94
46.03
(7) (e) Administer the juvenile offender review program in the division
5of youth services in the department. The program shall be responsible for decisions
6regarding case planning and the release of juvenile offenders from juvenile
7correctional institutions
operated by the department and secured child caring
8institutions, as defined in s. 938.02 (15g), to aftercare
and corrective sanctions 9placements.
AB130-engrossed,15,1912
46.03
(17) (c) To contract with public, private or voluntary agencies for the
13purchase of goods, care and services for youth placed under department supervision
14under s.
48.34 938.183 (2), 938.34 (4m) or (4n) or
48.366 938.366. Services may
15include, but are not limited to, diagnostic services, evaluation, treatment,
16counseling, referral and information, day care, inpatient hospitalization,
17transportation, recreation, special education, vocational training, work adjustment,
18sheltered employment, special living arrangements and legal and protective
19services.
AB130-engrossed,16,221
46.03
(32) Reimbursement to visiting families. The department may
22reimburse families visiting girls at a secured correctional facility
, as defined in s.
23938.02 (15m), that is operated by the department or a secured child caring
24institution, as defined in s. 938.02 (15g). If the department decides to provide the
1reimbursement, it shall establish criteria for the level of reimbursement, which shall
2include family income and size and other relevant factors.
AB130-engrossed,16,94
46.041
(1) (a) Provide for the temporary residence and evaluation of children
5referred from courts assigned to exercise jurisdiction under
ch. chs. 48
and 938, the
6institutions and services under the jurisdiction of the department, university of
7Wisconsin hospital and clinics, county departments under s. 46.215, 46.22 or 46.23,
8private child welfare agencies, schools for the deaf and visually handicapped, and
9mental health facilities within the state at the discretion of the superintendent.
AB130-engrossed,16,23
1246.049 Training school for delinquent boys. The department, with the
13approval of the governor, may purchase or accept a gift of land for a suitable site for
14an additional training school for delinquent boys and erect and equip such buildings
15as it deems necessary at such time as funds may be allocated for that purpose by the
16building commission. The training school or other additional facilities for delinquent
17boys financed by the authorized 1965-67 building program shall be located north of
18a line between La Crosse and Manitowoc. The department shall operate and
19maintain the institution for the treatment of delinquent boys who are placed in a
20secured correctional facility under s.
48.34 938.183 (2) or 938.34 (4m). All laws
21pertaining to the care of children received under s.
48.34 938.34 shall apply. Officers
22and employes of the institution are subject to the same laws as apply to other
23facilities described in s.
48.52 938.52.
AB130-engrossed,17,5
146.10
(1) Liability and the collection and enforcement of such liability for the
2care, maintenance, services and supplies specified in this section is governed
3exclusively by this section, except in cases of child support ordered by a court under
4s. 48.355 (2) (b) 4., 48.357 (5m)
or, 48.363 (2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357
5(5m) or 938.363 (2) or ch. 767.
AB130-engrossed, s. 27
6Section
27. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479
7and 481, is amended to read:
AB130-engrossed,18,108
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
9including but not limited to a person admitted, committed or placed under s. 975.01,
101977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss.
48.34 (4m), 1148.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45
12(10), (11), (12) and (13), 55.05, 55.06,
938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and
13(5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance,
14services and supplies provided by any institution in this state including university
15of Wisconsin hospital and clinics, in which the state is chargeable with all or part of
16the person's care, maintenance, services and supplies, any person receiving care and
17services from a county department established under s. 51.42 or 51.437 or from a
18facility established under s. 49.175, and any person receiving treatment and services
19from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08
20(5) and the person's property and estate, including the homestead, and the spouse
21of the person, and the spouse's property and estate, including the homestead, and,
22in the case of a minor child, the parents of the person, and their property and estates,
23including their homestead, and, in the case of a foreign child described in s. 48.839
24(1) who became dependent on public funds for his or her primary support before an
25order granting his or her adoption, the resident of this state appointed guardian of
1the child by a foreign court who brought the child into this state for the purpose of
2adoption, and his or her property and estate, including his or her homestead, shall
3be liable for the cost of the care, maintenance, services and supplies in accordance
4with the fee schedule established by the department under s. 46.03 (18). If a spouse,
5widow or minor, or an incapacitated person may be lawfully dependent upon the
6property for their support, the court shall release all or such part of the property and
7estate from the charges that may be necessary to provide for those persons. The
8department shall make every reasonable effort to notify the liable persons as soon
9as possible after the beginning of the maintenance, but the notice or the receipt
10thereof is not a condition of liability.
AB130-engrossed,18,2012
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
13of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
14parent's minor child who has been placed by a court order under s. 48.355
or, 48.357
,
15938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group
16home, foster home, treatment foster home, child caring institution or juvenile
17correctional institution shall be determined by the court by using the percentage
18standard established by the department under s. 46.25 (9) (a) and by applying the
19percentage standard in the manner established by the department under s. 46.25 (9)
20(b).
AB130-engrossed,19,523
46.10
(14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m)
or, 48.363
24(2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined
25under this subsection constitutes an assignment of all commissions, earnings,
1salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due
2or to be due in the future to the county department under s. 46.215, 46.22 or 46.23
3in the county where the order was entered or to the department, depending upon the
4placement of the child as specified by rules promulgated under subd. 5. The
5assignment shall be for an amount sufficient to ensure payment under the order.
AB130-engrossed,19,147
46.206
(1) (b) All records of the department and all county records relating to
8social services, aid to families with dependent children and aid under s. 49.18, 1971
9stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by
chapter 90, laws
10of 1973, shall be open to inspection at all reasonable hours by authorized
11representatives of the federal government. Notwithstanding
s. ss. 48.396 (2)
and
12938.396 (2), all county records relating to the administration of such services and
13public assistance shall be open to inspection at all reasonable hours by authorized
14representatives of the department.
AB130-engrossed,19,2516
46.21
(2) (a) Shall adopt policies for the management, operation, maintenance
17and improvement of the county hospital; the detention center; the probation section
18of the children's court center; the provision and maintenance of the physical facilities
19for the children's court and its intake section under the supervision and operation
20of the judges assigned to exercise jurisdiction under
ch. chs. 48
and 938 and as
21provided in
s. ss. 48.06 (1)
and 938.06 (1); the mental health complex; the county
22department of human services; the central service departments; and all buildings
23and land used in connection with any institution under this section. The powers and
24duties of the county board of supervisors are policy forming only, and not
25administrative or executive.
AB130-engrossed,20,52
46.215
(1) (h) To administer child welfare services under ss. 48.56 and 48.57
3and juvenile welfare services under s. 938.57, to accept custody and guardianship of
4children upon the order of a competent court and to place children for adoption and
5to make recommendations relating to the adoption of children under s. 48.85.
AB130-engrossed,20,107
46.22
(1) (c) 1. b. State institutions. Mendota mental health institute,
8Winnebago mental health institute, university of Wisconsin hospital and clinics,
9centers for the developmentally disabled and
Type 1 secured correctional facilities,
10as defined in s.
48.02 (15m) 938.02 (19), that are operated by the department.
AB130-engrossed,20,2112
46.22
(1) (c) 2. Subdivision 1. does not authorize the county department of
13social services to make investigations regarding admission to or release from the
14Waupun correctional institution, the Columbia correctional institution, the Racine
15correctional institution, the correctional institution authorized under s. 301.046 (1),
16the correctional institution authorized under s. 301.048 (4) (b), the Oshkosh
17correctional institution, the Green Bay correctional institution, the Dodge
18correctional institution, the Taycheedah correctional institution, county houses of
19correction, jails, detention homes
or, reforestation camps
, Type 2 secured
20correctional facilities, as defined in s. 938.02 (20), or secured correctional facilities,
21as defined in s. 938.02 (15m), that are operated by the department of corrections.
AB130-engrossed,20,2523
46.22
(1) (c) 5. Perform the duties and functions prescribed in
s. ss. 48.08
and
24938.08 when requested to do so by the judge assigned to exercise jurisdiction under
25ch. chs. 48
and 938.
AB130-engrossed,21,62
46.22
(1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction
3under
ch. chs. 48
and 938, the county department of social services shall investigate
4the home environment and other factors in the life of any child brought to the
5attention of the court for alleged dependency, neglect, or delinquency, and to assume
6guidance and supervision of any child placed on probation by that court.
AB130-engrossed,21,98
46.22
(1) (c) 8. e. The county department of social services shall have the powers
9and duties specified in
s. ss. 48.57
and 938.57.