AB130-engrossed, s. 26 24Section 26. 46.10 (1) of the statutes is amended to read:
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, s. 28 11Section 28. 46.10 (14) (b) of the statutes is amended to read:
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, s. 29 21Section 29. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act
22481
, is amended to read:
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, s. 30 6Section 30. 46.206 (1) (b) of the statutes is amended to read:
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, s. 31 15Section 31. 46.21 (2) (a) of the statutes is amended to read:
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, s. 32
1Section 32. 46.215 (1) (h) of the statutes is amended to read:
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, s. 33 6Section 33. 46.22 (1) (c) 1. b. of the statutes is amended to read:
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, s. 34 11Section 34. 46.22 (1) (c) 2. of the statutes is amended to read:
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, s. 35 22Section 35. 46.22 (1) (c) 5. of the statutes is amended to read:
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, s. 36
1Section 36. 46.22 (1) (c) 8. c. of the statutes is amended to read:
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, s. 37 7Section 37. 46.22 (1) (c) 8. e. of the statutes is amended to read:
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.
AB130-engrossed, s. 38 10Section 38. 46.25 (9) (b) of the statutes is amended to read:
AB130-engrossed,21,1711 46.25 (9) (b) For purposes of determining child support under s. 46.10 (14) (b),
12the department shall promulgate separate rules related to the application of the
13standard under par. (a) to a child support obligation for the care and maintenance
14of a child who is placed by a court order under s. 48.355 or, 48.357, 938.183 (2),
15938.355 or 938.357
in a residential, nonmedical facility. The rules shall take into
16account the needs of any person, including dependent children other than the child,
17whom either parent is legally obligated to support.
AB130-engrossed, s. 39 18Section 39. 46.26 (1) of the statutes is amended to read:
AB130-engrossed,21,2519 46.26 (1) Procedures. The department of health and social services shall
20develop procedures for the implementation of this section, standards for the
21development and delivery of social services under ch. chs. 48 and 938, and shall
22provide consultation and technical assistance to aid counties in implementation and
23service delivery. The department of health and social services shall establish
24information systems, monitoring and evaluation procedures to report periodically to
25the governor and legislature on the state impact of this section.
AB130-engrossed, s. 40
1Section 40. 46.26 (2) (c) of the statutes is amended to read:
AB130-engrossed,22,102 46.26 (2) (c) All funds to counties under this section shall be used to purchase
3or provide juvenile delinquency-related services under ch. 48 938, except that no
4funds to counties under this section may be used for purposes of land purchase,
5building construction or maintenance of buildings under ss. 46.17 and 46.175, for
6reimbursement of costs under s. 48.209 938.209, for city lockups or for
7reimbursement of care costs in temporary shelter care under s. 48.22 938.22. Funds
8to counties under this section may be used for reimbursement of costs of program
9services, other than basic care and supervision costs, in juvenile secure detention
10facilities.
AB130-engrossed, s. 41m 11Section 41m. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act
12377
, is amended to read:
AB130-engrossed,22,1813 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
14allocated under par. (c), the department of health and social services shall allocate
15funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
16use of applicable services of the department of health and social services under ss.
1748.34 and 48.366 or the department of corrections under ss. s. 48.366 and 48.537
18during previous calendar years.
AB130-engrossed, s. 41p 19Section 41p. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act
20377
and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-engrossed,23,221 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
22allocated under par. (c), the department of health and social services shall allocate
23funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
24use of applicable services of the department of health and social services under ss.

148.366, 938.183 (2) and 938.34 or the department of corrections under ss. 48.366,
2938.183 (2) and 938.538 during previous calendar years.
AB130-engrossed, s. 42 3Section 42. 46.26 (3) (f) of the statutes is amended to read:
AB130-engrossed,23,104 46.26 (3) (f) Notwithstanding pars. (dm) and (e), the department of health and
5social services may carry forward from 1994 to 1995 not more than $768,100 of the
6funds allocated under this subsection to the counties that are participating in the
7corrective sanctions program under s. 48.533 938.533 (2) for their use of the services
8provided under that program. Notwithstanding s. 20.435 (3) (cd), any funds that are
9carried forward under this paragraph and not spent or encumbered by counties by
10June 30, 1995, shall lapse to the general fund on July 1, 1995.
AB130-engrossed, s. 43m 11Section 43m. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act
12377
, is amended to read:
AB130-engrossed,23,2413 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health
14and social services shall bill counties or deduct from the allocations under s. 20.435
15(3) (cd) for the costs of care, services and supplies purchased or provided by the
16department of health and social services for each person receiving services under ss.
1748.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
18services under s. 48.366. The department of health and social services may not bill
19a county for or deduct from a county's allocation the cost of care, services and supplies
20provided to a person subject to an order under s. 48.366 after the person reaches 19
21years of age or provided to a person subject to an order under s. 48.34 (4g). Payment
22shall be due within 60 days of the billing date. If any payment has not been received
23within 60 days, the department of health and social services may withhold aid
24payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
AB130-engrossed, s. 43n
1Section 43n . 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act
2377
and 1995 Wisconsin Act .... (this act), section 43m, is repealed and recreated to
3read:
AB130-engrossed,24,154 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health
5and social services shall bill counties or deduct from the allocations under s. 20.435
6(3) (cd) for the costs of care, services and supplies purchased or provided by the
7department of health and social services for each person receiving services under ss.
848.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
9services under s. 48.366. The department of health and social services may not bill
10a county for or deduct from a county's allocation the cost of care, services and supplies
11provided to a person subject to an order under s. 48.366 after the person reaches 18
12years of age. Payment shall be due within 60 days of the billing date. If any payment
13has not been received within 60 days, the department of health and social services
14may withhold aid payments in the amount due from the appropriation under s.
1520.435 (3) (cd) or (7) (b).
AB130-engrossed, s. 43p 16Section 43p. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act
17377
and 1995 Wisconsin Act .... (this act), sections 43m and 43n, is amended to read:
AB130-engrossed,25,518 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health
19and social services shall bill counties or deduct from the allocations under s. 20.435
20(3) (cd) for the costs of care, services and supplies purchased or provided by the
21department of health and social services for each person receiving services under ss.
2248.34,
s. 48.366 and, 51.35 (3), 938.183 (2) or 938.34 or the department of corrections
23for each person receiving services under s. 48.366 or 938.183 (2). The department
24of health and social services may not bill a county for or deduct from a county's
25allocation the cost of care, services and supplies provided to a person subject to an

1order under s. 48.366 or 938.183 (2) after the person reaches 18 years of age.
2Payment shall be due within 60 days of the billing date. If any payment has not been
3received within 60 days, the department of health and social services may withhold
4aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or
5(7) (b).
AB130-engrossed, s. 44m 6Section 44m. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act
7377
, is amended to read:
AB130-engrossed,25,228 46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
9the basis of a per person per day cost estimate adjusted at least annually by the
10department. Except as provided in pars. (bm), (c), and (cm) and (dr), liability shall
11apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court
12exercising jurisdiction under ch. 48 for each person receiving services from the
13department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the
14department of corrections under s. 48.366. Except as provided in pars. (bm), (c), and
15(cm) and (dr), in multicounty court jurisdictions, the county of residency within the
16jurisdiction shall be liable for costs under this subsection. Assessment of costs under
17par. (a) shall also be made according to the general placement type or level of care
18provided, as defined by the department, and prorated according to the ratio of the
19amount designated under sub. (3) (c) and (d) to the total applicable estimated costs
20of care, services and supplies provided by the department of health and social
21services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under
22ss. 48.34 (4g) and s. 48.366.
AB130-engrossed, s. 44p 23Section 44p. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act
24377
and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-engrossed,26,15
146.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
2the basis of a per person per day cost estimate adjusted at least annually by the
3department. Except as provided in pars. (bm), (c) and (cm), liability shall apply to
4county departments under s. 46.21, 46.22 or 46.23 in the county of the court
5exercising jurisdiction under chs. 48 and 938 for each person receiving services from
6the department of health and social services under s. 48.366, 51.35 (3), 938.183 (2)
7or 938.34 or the department of corrections under s. 48.366 or 938.183 (2). Except as
8provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of
9residency within the jurisdiction shall be liable for costs under this subsection.
10Assessment of costs under par. (a) shall also be made according to the general
11placement type or level of care provided, as defined by the department, and prorated
12according to the ratio of the amount designated under sub. (3) (c) and (d) to the total
13applicable estimated costs of care, services and supplies provided by the department
14of health and social services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 or the
15department of corrections under ss. 48.366, 938.183 (2) and 938.34 (4h).
AB130-engrossed, s. 45m 16Section 45m. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act
17377
, is amended to read:
AB130-engrossed,26,2318 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr),
19the department of health and social services shall pay, from the appropriation under
20s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
21receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
22guardianship of the department pursuant to an order under ch. 48 at the time that
23the person was adjudicated delinquent.
AB130-engrossed, s. 45p 24Section 45p. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377
25and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-engrossed,27,6
146.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), the department of
2health and social services shall pay, from the appropriation under s. 20.435 (3) (hm),
3the costs of care, services and supplies provided for each person receiving services
4under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 who was under the guardianship
5of the department pursuant to an order under ch. 48 at the time that the person was
6adjudicated delinquent.
AB130-engrossed, s. 46m 7Section 46m. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin
8Act 377
, is amended to read:
AB130-engrossed,27,159 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par.
10(dr),
the department shall transfer funds from the appropriation under s. 20.435 (3)
11(cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing
12juvenile correctional institutions for costs incurred beginning on January 1, 1995, for
13the care of any child who is placed in a juvenile correctional facility based on a
14delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or
15943.32 (2).
AB130-engrossed, s. 46p 16Section 46p. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin
17Act 377
and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-engrossed,28,318 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), the department
19shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
20appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile
21correctional institutions operated by the department and secured child caring
22institutions, as defined in s. 938.02 (15g), for costs incurred beginning on July 1,
231996, for the care of any child 14 years of age or over who is placed in a juvenile
24correctional facility operated by the department or secured child caring institution
25based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02,

1940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
2(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or
3948.36.
AB130-engrossed, s. 46r 4Section 46r. 46.26 (4) (cm) 1m. of the statutes is created to read:
AB130-engrossed,28,135 46.26 (4) (cm) 1m. Notwithstanding pars. (a), (b) 1. and (bm), the department
6shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
7appropriation under s. 20.435 (3) (ho) for the purpose of reimbursing alternate care
8and aftercare providers for costs incurred beginning on July 1, 1996, for the care of
9any child 14 years of age or over who is receiving alternate care or aftercare based
10on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02,
11940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
12(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or
13948.36.
AB130-engrossed, s. 47m 14Section 47m. 46.26 (4) (cm) 2. of the statutes is renumbered 46.26 (4) (cm) 3.
15and amended to read:
AB130-engrossed,28,2316 46.26 (4) (cm) 3. Notwithstanding pars. (a), (b) 1. and (bm), the department
17shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
18appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing juvenile or
19adult correctional institutions and alternate care and aftercare providers for costs
20incurred beginning on January July 1, 1995 1996, for the care of any person 19 14
21years of age or over and under 18
years of age who is placed in an a juvenile or adult
22correctional facility under s. 48.366 (8) or 938.183 (2) based on a delinquent act that
23is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
AB130-engrossed, s. 47r 24Section 47r. 46.26 (4) (cm) 4. of the statutes is created to read:
AB130-engrossed,29,4
146.26 (4) (cm) 4. The per person daily reimbursement rate to juvenile and adult
2correctional institutions under this paragraph shall be equal to the per person daily
3cost assessment to counties under par. (d) 2. to 4. for care in a juvenile or adult
4correctional institution.
AB130-engrossed, s. 48 5Section 48. 46.26 (4) (d) 1. of the statutes is amended to read:
AB130-engrossed,29,116 46.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 48.34
7938.34, all payments and deductions made under this subsection and uniform fee
8collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
920.435 (3) (hm). As adjustments in the assessments under this subsection are made,
10there shall be a proportionate adjustment in the allocations to counties under sub.
11(3) (d).
AB130-engrossed, s. 49 12Section 49. 46.26 (4) (d) 1m. of the statutes is amended to read:
AB130-engrossed,29,2013 46.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. ss.
1448.366 and 938.183 (2), all payments and deductions made under this subsection and
15uniform fee collections made under s. 46.03 (18) shall be deposited in the
16appropriation under s. 20.435 (3) (hm) for services provided by the department of
17health and social services or s. 20.410 (1) (hx) for services provided by the department
18of corrections. As adjustments in the assessments under this subsection are made,
19there shall be a proportionate adjustment in the allocations to counties under sub.
20(3) (d).
AB130-engrossed, s. 51m 21Section 51m. 46.26 (4) (d) 3. of the statutes is amended to read:
AB130-engrossed,30,522 46.26 (4) (d) 3. In calendar year 1994 Beginning January 1, 1996, and ending
23June 30, 1996
, the per person daily cost assessment to counties shall be $111.73 for
24care in a juvenile correctional institution, $111.73 for care for children transferred
25from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by

1the department of corrections by rule for maintaining a prisoner in an adult
2correctional institution, $141.05 for care in a child caring institution, $98.47 for care
3in a group home for children, $22.49 for care in a foster home, $62.46 for care in a
4treatment foster home, $66.75 for departmental corrective sanctions services and
5$12.96 for departmental aftercare services.
AB130-engrossed, s. 51p 6Section 51p. 46.26 (4) (d) 3m. of the statutes is created to read:
AB130-engrossed,30,167 46.26 (4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the
8per person daily cost assessment to counties shall be $111.73 for care in a Type 1
9secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children
10transferred from a secured correctional facility, as defined in s. 938.02 (15m), or a
11secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the
12dollar amount set by the department of corrections by rule for maintaining a prisoner
13in an adult correctional institution, $141.05 for care in a child caring institution,
14$98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46
15for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional
16facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.
AB130-engrossed, s. 52 17Section 52. 46.26 (4) (d) 4. of the statutes is amended to read:
AB130-engrossed,31,418 46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995
191997, the per person daily cost assessment to counties shall be $115.68 for care in a
20juvenile correctional institution Type 1 secured correctional facility, as defined in s.
21938.02 (19)
, $115.68 for care for children transferred from a juvenile correctional
22institution
secured correctional facility, as defined in s. 938.02 (15m), or a secured
23child caring institution, as defined in s. 938.02 (15g),
under s. 51.35 (3), the dollar
24amount set by the department of corrections by rule for maintaining a prisoner in an
25adult correctional institution, $146.07 for care in a child caring institution, $101.92

1for care in a group home for children, $23.28 for care in a foster home, $64.65 for care
2in a treatment foster home, $66.75 for departmental corrective sanctions services
3care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96
4for departmental aftercare services.
AB130-engrossed, s. 52m 5Section 52m. 46.26 (4) (dm) of the statutes is amended to read:
AB130-engrossed,31,106 46.26 (4) (dm) The department of health and social services shall promulgate
7rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a person in an
8adult correctional institution. The rate shall not vary according to the adult
9correctional institution where a person is placed. The rate shall reflect the average
10daily cost associated with maintaining prisoners in adult correctional institutions.
AB130-engrossed, s. 53m 11Section 53m. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act
12377
, is repealed.
AB130-engrossed, s. 54 13Section 54. 46.26 (4) (e) of the statutes is amended to read:
AB130-engrossed,31,1814 46.26 (4) (e) For foster care, treatment foster care, group home care and
15institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and
1649.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made
17under this subsection and uniform fee collections under s. 46.03 (18) shall be
18deposited in the appropriation under s. 20.435 (3) (ho).
AB130-engrossed, s. 55 19Section 55. 46.26 (4) (eg) of the statutes is amended to read:
AB130-engrossed,31,2220 46.26 (4) (eg) For corrective sanctions services under s. 48.533 938.533 (2), all
21payments and deductions made under this subsection and uniform fee collections
22under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hr).
AB130-engrossed, s. 56 23Section 56. 46.26 (4) (g) of the statutes is amended to read:
AB130-engrossed,32,324 46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48
25938 and for the juvenile offender review program in the division of youth services in

1the department of health and social services, all payments and deductions made
2under this subsection and uniform fee collections under s. 46.03 (18) shall be
3deposited in the general fund and shall be treated as a nonappropriated receipt.
AB130-engrossed, s. 57 4Section 57. 46.26 (7) (b) 2. of the statutes is amended to read:
AB130-engrossed,32,105 46.26 (7) (b) 2. To determine eligibility for payments under this paragraph for
6fiscal year 1993-94 1995-96, the department shall determine a percentage for each
7county by dividing the combined number of 1990 1992 and 1991 1993 assaultive and
8total Part I juvenile arrests in a county by the population of that county under 18 17
9years of age. A county having a percentage exceeding 3.5% is eligible to receive these
10payments.
AB130-engrossed, s. 58 11Section 58. 46.26 (7) (b) 3. of the statutes is amended to read:
AB130-engrossed,32,1612 46.26 (7) (b) 3. To determine eligibility for payments under this paragraph for
13fiscal year 1994-95 1996-97, the department shall determine a percentage for each
14county by using the procedure under subd. 2., updating the arrest data to reflect
15current statistics, if available. A county having a percentage exceeding 3.5% is
16eligible to receive these payments.
AB130-engrossed, s. 59 17Section 59. 46.26 (7) (h) of the statutes is amended to read:
AB130-engrossed,32,2418 46.26 (7) (h) For counties that are participating in the corrective sanctions
19program under s. 48.533 938.533 (2), $768,100 in 1994 and $768,100 in the first 6
20months of 1995 for the provision of corrective sanctions services for children from
21that county. In distributing funds to counties under this paragraph, the department
22shall determine a county's distribution by dividing the amount allocated under this
23paragraph by 105 and multiplying the quotient by the average daily population of
24children from that county who are participating in the program.
AB130-engrossed, s. 60 25Section 60. 46.263 (3) of the statutes is amended to read:
AB130-engrossed,33,14
146.263 (3) The department shall distribute 33% of the amounts distributed
2under sub. (1) based on each county's proportion of the number of children who are
3taken into custody statewide for alleged violations that are punishable as a Class A
4or a Class B felony if committed by an adult, during the most recent 2-year period
5for which that information is available. The department shall distribute 33% of the
6amounts distributed under sub. (1) based on each county's proportion of the number
7of children statewide who are placed in a juvenile correctional institution or a
8secured child caring institution, as defined in s. 938.02 (15g)
, during the most recent
92-year period for which that information is available. The department shall
10distribute 34% of the amounts distributed under sub. (1) based on each county's
11proportion of the number of Part I juvenile offenses arrests reported statewide under
12the uniform crime reporting system of the Wisconsin department office of justice
13assistance in the department of administration, during the most recent 2-year
14period for which that information is available.
AB130-engrossed, s. 61 15Section 61. 46.275 (4) (b) 1. of the statutes is amended to read:
AB130-engrossed,33,2116 46.275 (4) (b) 1. Consent for participation is given either by the person's parent,
17guardian or legal custodian, if the person is under age 18, or by the person or the
18person's guardian, if the person is age 18 or over, except that this subdivision does
19not limit the authority of the circuit court to enter, change, revise or extend a
20dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a
21placement under s. 55.06.
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