AB130: Bill Text Engrossed

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

AB130-engrossed,28,13 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-engrossed, s. 47m Section 47m. 46.26 (4) (cm) 2. of the statutes is renumbered 46.26 (4) (cm) 3. and amended to read:

AB130-engrossed,28,23 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-engrossed, s. 47r Section 47r. 46.26 (4) (cm) 4. of the statutes is created to read:

AB130-engrossed,29,4 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-engrossed, s. 48 Section 48. 46.26 (4) (d) 1. of the statutes is amended to read:

AB130-engrossed,29,11 46.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 48.34 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm). As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).

AB130-engrossed, s. 49 Section 49. 46.26 (4) (d) 1m. of the statutes is amended to read:

AB130-engrossed,29,20 46.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. ss. 48.366 and 938.183 (2), all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm) for services provided by the department of health and social services or s. 20.410 (1) (hx) for services provided by the department of corrections. As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).

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

AB130-engrossed,30,5 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-engrossed, s. 51p Section 51p. 46.26 (4) (d) 3m. of the statutes is created to read:

AB130-engrossed,30,16 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-engrossed, s. 52 Section 52. 46.26 (4) (d) 4. of the statutes is amended to read:

AB130-engrossed,31,4 46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995 1997, the per person daily cost assessment to counties shall be $115.68 for care in a juvenile correctional institution Type 1 secured correctional facility, as defined in s. 938.02 (19), $115.68 for care for children transferred from a juvenile correctional institution 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, $146.07 for care in a child caring institution, $101.92 for care in a group home for children, $23.28 for care in a foster home, $64.65 for care in a treatment foster home, $66.75 for departmental corrective sanctions services care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.

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

AB130-engrossed,31,10 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-engrossed, s. 53m Section 53m. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 54 Section 54. 46.26 (4) (e) of the statutes is amended to read:

AB130-engrossed,31,18 46.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (ho).

AB130-engrossed, s. 55 Section 55. 46.26 (4) (eg) of the statutes is amended to read:

AB130-engrossed,31,22 46.26 (4) (eg) For corrective sanctions services under s. 48.533 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hr).

AB130-engrossed, s. 56 Section 56. 46.26 (4) (g) of the statutes is amended to read:

AB130-engrossed,32,3 46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 938 and for the juvenile offender review program in the division of youth services in the department of health and social services, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB130-engrossed, s. 57 Section 57. 46.26 (7) (b) 2. of the statutes is amended to read:

AB130-engrossed,32,10 46.26 (7) (b) 2. To determine eligibility for payments under this paragraph for fiscal year 1993-94 1995-96, the department shall determine a percentage for each county by dividing the combined number of 1990 1992 and 1991 1993 assaultive and total Part I juvenile arrests in a county by the population of that county under 18 17 years of age. A county having a percentage exceeding 3.5% is eligible to receive these payments.

AB130-engrossed, s. 58 Section 58. 46.26 (7) (b) 3. of the statutes is amended to read:

AB130-engrossed,32,16 46.26 (7) (b) 3. To determine eligibility for payments under this paragraph for fiscal year 1994-95 1996-97, the department shall determine a percentage for each county by using the procedure under subd. 2., updating the arrest data to reflect current statistics, if available. A county having a percentage exceeding 3.5% is eligible to receive these payments.

AB130-engrossed, s. 59 Section 59. 46.26 (7) (h) of the statutes is amended to read:

AB130-engrossed,32,24 46.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 48.533 938.533 (2), $768,100 in 1994 and $768,100 in the first 6 months of 1995 for the provision of corrective sanctions services for children from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by 105 and multiplying the quotient by the average daily population of children from that county who are participating in the program.

AB130-engrossed, s. 60 Section 60. 46.263 (3) of the statutes is amended to read:

AB130-engrossed,33,14 46.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children who are taken into custody statewide for alleged violations that are punishable as a Class A or a Class B felony if committed by an adult, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the number of Part I juvenile offenses arrests reported statewide under the uniform crime reporting system of the Wisconsin department office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available.

AB130-engrossed, s. 61 Section 61. 46.275 (4) (b) 1. of the statutes is amended to read:

AB130-engrossed,33,21 46.275 (4) (b) 1. Consent for participation is given either by the person's parent, guardian or legal custodian, if the person is under age 18, or by the person or the person's guardian, if the person is age 18 or over, except that this subdivision does not limit the authority of the circuit court to enter, change, revise or extend a dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a placement under s. 55.06.

AB130-engrossed, s. 62 Section 62. 46.28 (1) (am) 1. of the statutes is amended to read:

AB130-engrossed,33,24 46.28 (1) (am) 1. A child adjudged delinquent for whom a case disposition is made under s. 48.34 938.34.

AB130-engrossed, s. 63 Section 63. 46.28 (1) (am) 2. of the statutes is amended to read:

AB130-engrossed,34,2 46.28 (1) (am) 2. A child found in need of protection or services for whom an order is made under s. 48.345 or 938.345.

AB130-engrossed, s. 64 Section 64. 46.56 (3) (a) 5. of the statutes is amended to read:

AB130-engrossed,34,5 46.56 (3) (a) 5. The juvenile court administrator or another representative appointed by the judge responsible for cases heard under ch. chs. 48 and 938.

AB130-engrossed, s. 65 Section 65. 46.56 (8) (a) of the statutes is amended to read:

AB130-engrossed,34,12 46.56 (8) (a) Referrals to the program may come from any county departments, agencies, school districts, cooperative educational service agencies, county handicapped children's education boards, technical college districts, courts assigned to exercise jurisdiction under ch. chs. 48 and 938 or any other organization or the child with severe disabilities or his or her family may contact the administering agency or service coordination agency to request services.

AB130-engrossed, s. 66 Section 66. 46.56 (8) (g) of the statutes is amended to read:

AB130-engrossed,34,21 46.56 (8) (g) The service coordinator shall assemble the results of all prior relevant assessments and evaluations documenting the service needs of the child with severe disabilities and the child's family, including multidisciplinary team evaluations under s. 115.80 (3) or independent educational evaluations, court-ordered evaluations under s. 48.295 or 938.295, family support program evaluations, community integration program or community options program assessments, and any other available medical, psychiatric, psychological, vocational or developmental evaluations.

AB130-engrossed, s. 67 Section 67. 46.56 (8) (h) 5. of the statutes is amended to read:

AB130-engrossed,35,2 46.56 (8) (h) 5. Identification of any administrative or judicial procedures under ch. 48, 51, 55, 115 or, 118 or 938 that may be necessary in order to fully implement the integrated service plan and the identity of the individual or organization that will be responsible for initiating those procedures, if any are required.

AB130-engrossed, s. 68 Section 68. 46.56 (8) (j) of the statutes is amended to read:

AB130-engrossed,35,7 46.56 (8) (j) The proposed integrated service plan shall be submitted to any service providers who would be included in the integrated service plan and the court assigned to exercise jurisdiction under ch. chs. 48 and 938 if participation in the program has been court ordered under s. 48.34 48.345 (6m) or 938.34 (6m).

AB130-engrossed, s. 69 Section 69. 46.56 (8) (k) of the statutes is amended to read:

AB130-engrossed,35,14 46.56 (8) (k) Upon written approval of the integrated service plan by the proposed service providers and the child's family, unless the child's involvement in the program is through court order under s. 48.355 or 938.355, in which case approval of the court may be substituted for that of the family, the integrated service plan shall be implemented by the service coordination agency and the service providers designated to provide services under the integrated service plan.

AB130-engrossed, s. 70 Section 70. 46.56 (14) (a) (intro.) of the statutes is amended to read:

AB130-engrossed,36,3 46.56 (14) (a) (intro.) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under ch. chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:

AB130-engrossed, s. 71 Section 71. 48.01 (1) (c) of the statutes is repealed.

AB130-engrossed, s. 72 Section 72. 48.01 (1) (d) of the statutes is repealed.

AB130-engrossed, s. 73 Section 73. 48.01 (1) (h) of the statutes is repealed.

AB130-engrossed, s. 73m Section 73m. 48.02 (1) of the statutes is amended to read:

AB130-engrossed,36,11 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-engrossed, s. 73p Section 73p. 48.02 (2) of the statutes is amended to read:

AB130-engrossed,36,16 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-engrossed, s. 74 Section 74. 48.02 (2m) of the statutes is amended to read:

AB130-engrossed,36,19 48.02 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 938.

AB130-engrossed, s. 75m Section 75m. 48.02 (3m) of the statutes is amended to read:

AB130-engrossed,36,24 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-engrossed, s. 75p Section 75p. 48.02 (3m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 76 Section 76. 48.02 (9m) of the statutes is repealed.

AB130-engrossed, s. 77 Section 77. 48.02 (10) of the statutes is amended to read:

AB130-engrossed,37,6 48.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 938.

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

AB130-engrossed,37,13 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-engrossed, s. 78 Section 78. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 79 Section 79. 48.023 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,37,21 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department under s. 48.34 938.183 (2) or 938.34 (4m) or (4n) or the supervision of a county department under s. 48.34 938.34 (4n).

AB130-engrossed, s. 80 Section 80. 48.03 (2) of the statutes is amended to read:

AB130-engrossed,38,2 48.03 (2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 938, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.

AB130-engrossed, s. 81 Section 81. 48.035 of the statutes is amended to read:

AB130-engrossed,38,19 48.035 Court; Menominee and Shawano counties. Menominee county is attached to Shawano county for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee county and Shawano county shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee county may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.

AB130-engrossed, s. 87 Section 87. 48.065 (2) (g) of the statutes is repealed.

AB130-engrossed, s. 88 Section 88. 48.065 (2) (gm) of the statutes is amended to read:

AB130-engrossed,38,22 48.065 (2) (gm) Conduct uncontested proceedings under ss. 48.12 and s. 48.13.

AB130-engrossed, s. 89 Section 89. 48.065 (3) (a) of the statutes is repealed.

AB130-engrossed, s. 90 Section 90. 48.065 (3) (b) of the statutes is amended to read:

AB130-engrossed,39,2 48.065 (3) (b) Conduct fact-finding or dispositional hearings except petitions or citations under s. 48.125 and except as provided in sub. (2) (gm).

AB130-engrossed, s. 91 Section 91. 48.065 (3) (c) of the statutes is amended to read:

AB130-engrossed,39,5 48.065 (3) (c) Make dispositions other than approving consent decrees and other than dispositions in uncontested proceedings under ss. 48.12 and s. 48.13.

AB130-engrossed, s. 92 Section 92. 48.065 (3) (e) of the statutes is amended to read:

AB130-engrossed,39,9 48.065 (3) (e) Make changes in placements of children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 48.125 and except in uncontested proceedings under ss. 48.12 and s. 48.13.

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

AB130-engrossed,39,12 48.065 (3) (f) Make any dispositional order under s. 48.34 (4g) or (4m).