LRB-0241/1
GMM:kmg:ks
1995 - 1996 LEGISLATURE
January 9, 1995 - Introduced by Representatives Ourada, Vrakas, Klusman,
Silbaugh, Hasenohrl, Lehman, Vander Loop, Ziegelbauer, Musser, Reynolds
and Urban, cosponsored by Senators Rosenzweig and Breske. Referred to
Committee on Children and Families.
AB4,1,4
1An Act to amend 16.51 (7), 20.410 (1) (c) and 59.175; and
to create 20.435 (3)
2(c) of the statutes;
relating to: state reimbursement of county expenses for
3residents of juvenile secured correctional facilities and making an
4appropriation.
Analysis by the Legislative Reference Bureau
Current law provides a sum sufficient appropriation to the department of
corrections (DOC) from which DOC pays claims made by counties in which state
prisons are located for reimbursement of expenses growing out of court proceedings
involving prisoners. This bill provides a sum sufficient appropriation to the
department of health and social services (DHSS) from which to pay claims made by
counties in which juvenile secured correctional facilities are located for
reimbursement of expenses growing out of court proceedings involving children
placed in juvenile secured correctional facilities. The bill also provides for state
reimbursement of expenses incurred by counties in which juvenile secured
correctional facilities are located for holding in secure custody those children while
those proceedings are pending.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB4, s. 1
5Section
1. 16.51 (7) of the statutes is amended to read:
AB4,2,166
16.51
(7) (title) Audit claims for expenses in connection with prisoners and
7children in secured correctional facilities. Receive, examine, determine and
1audit claims, duly certified and approved by the department of corrections
or the
2department of health and social services, from the county clerk of any county in
3behalf of the county, which are presented for payment to reimburse the county for
4certain expenses incurred or paid by it in reference to all matters growing out of
5actions and proceedings involving prisoners in state prisons, as defined in s. 302.01,
6or children in secured correctional facilities, as defined in s. 48.02 (15m), including
7prisoners
or children transferred to a mental health institute for observation or
8treatment, when the proceedings are commenced in counties in which the prisons
or
9secured correctional facilities are located by a district attorney or by the prisoner
or
10child as a postconviction remedy or a matter involving the prisoner's status as a
11prisoner
or the child's status as a resident of a secured correctional facility and for
12certain expenses incurred or paid by it in reference to holding those children in
13secure custody while those actions or proceedings are pending. Expenses shall only
14include the amounts
as that were necessarily incurred and actually paid and shall
15be no more than the legitimate cost would be to any other county had the offense or
16crime occurred therein.
AB4, s. 2
17Section
2. 20.410 (1) (c) of the statutes is amended to read:
AB4,2,2018
20.410
(1) (c)
(title) Reimbursement claims of counties containing state
19institutions prisons. A sum sufficient to pay all valid claims made by county clerks
20of counties containing
certain state
institutions prisons as provided in s. 16.51 (7).
AB4, s. 3
21Section
3. 20.435 (3) (c) of the statutes is created to read:
AB4,2,2422
20.435
(3) (c)
Reimbursement claims of counties containing secured correctional
23facilities. A sum sufficient to pay all valid claims made by county clerks of counties
24containing state juvenile correctional institutions as provided in s. 16.51 (7).
AB4, s. 4
25Section
4. 59.175 of the statutes is amended to read:
AB4,3,14
159.175 Clerks of counties containing state institutions to make claims
2in certain cases. The county clerk of any county which is entitled to reimbursement
3under s. 16.51 (7) shall make a certified claim against the state, without direction
4from the county board, in all cases where the reimbursement is directed in that
5subsection, upon forms prescribed by the department of administration. The forms
6shall contain information required by the clerk and shall be filed annually
with the
7department of corrections on or before June 1.
If the claim is for reimbursement of
8expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall
9be filed with the department of corrections. If the claim is for reimbursement of
10expenses involving a child in a secured correctional facility, as defined in s. 48.02
11(15m), the form shall be filed with the department of health and social services. If
12the claims are approved by the department of corrections
or the department of health
13and social services, they shall be certified to the department of administration and
14paid from the appropriation
made by under s. 20.410 (1) (c)
or 20.435 (3) (c).
AB4, s. 5
15Section
5.
Initial applicability.
AB4,3,17
16(1) This act first applies to expenses incurred on the effective date of this
17subsection.
AB4,3,20
19(1)
This act takes effect on July 1, 1995, or the day after publication, whichever
20is later.
