AB100: Bill Text

AB100,1534,7 301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m) , other than the Mendota Juvenile Treatment Center.

AB100, s. 3799 Section 3799. 301.03 (13) of the statutes is created to read:

AB100,1534,11 301.03 (13) Annually notify each person who has been discharged from probation, parole or community supervision and who owed any supervision fees at the time of discharge of any supervision fees owed by the person to the department.

AB100, s. 3800 Section 3800. 301.03 (18) of the statutes is created to read:

AB100,1534,20 301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased by the department or a county department under s. 46.215, 46.22 or 46.23, except for services provided to courts; outreach, information and referral services; or where, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall apply the fees that it collects under this program to cover the cost of such services.

AB100,1535,3 (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

AB100,1535,8 (c) Make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under par. (b). This paragraph does not apply to the recovery of fees for the care and services specified under s. 301.12.

AB100,1535,14 (d) Compromise or waive all or part of the liability for services received as it considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the collection and deportation counsel appointed under s. 301.12 (7) or the department secretary, shall be evidence of the services provided and the fees charged for such services.

AB100,1535,18 (e) Delegate to county departments under s. 46.215, 46.22 or 46.23 and other providers of care and services the powers and duties vested in the department by pars. (c) and (d) as it considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.

AB100,1535,21 (g) Return to county departments under s. 46.215, 46.22 or 46.23 50% of collections made by the department for delinquent accounts previously delegated under par. (e) and then referred back to the department for collections.

AB100, s. 3801 Section 3801. 301.033 of the statutes is created to read:

AB100,1536,4 301.033 Employment program. The department may operate an employment program for prison inmates, probationers, parolees and persons on community supervision. Under this program, the department may contract with any public, private or voluntary agency for the employment of prison inmates, probationers, parolees and persons on community supervision and may subsidize any wage paid to the inmate, probationer, parolee or person on community supervision.

AB100, s. 3802 Section 3802. 301.046 (2) of the statutes is amended to read:

AB100,1536,11 301.046 (2) Inmate Prisoner, officer and employe status. Inmates Prisoners confined under sub. (1) are under the care and control of the institution, subject to its rules and discipline and subject to all laws pertaining to inmates prisoners of other correctional institutions. Courts may not directly commit persons to the institution under sub. (1). Officers and employes of the institution are subject to the same laws pertaining to other correctional institutions.

AB100, s. 3803 Section 3803. 301.046 (4) (d) of the statutes is amended to read:

AB100,1536,23 301.046 (4) (d) The department shall design and prepare cards for any person specified in par. (b) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable prisoner and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), but the department shall provide information from records kept under this paragraph in response to a request for information made under s. 49.22 (2m).

AB100, s. 3804 Section 3804. 301.046 (5) of the statutes is amended to read:

AB100,1537,6 301.046 (5) (title) Electronic surveillance Monitoring. The department shall monitor any prisoner's confinement under sub. (1) by the use of an electronic device worn continuously on the prisoner's person or, by the confinement of the prisoner in supervised places designated by the department or by any other method the department considers appropriate. The department may permit the prisoner to leave confinement for employment, education or other rehabilitative activities.

AB100, s. 3805 Section 3805. 301.046 (7) of the statutes is created to read:

AB100,1537,10 301.046 (7) Sanctions. The department may, by rule, establish sanctions for a prisoner who violates a rule or condition of confinement under sub. (1). The sanctions may include requiring a prisoner to perform community service.

AB100, s. 3806 Section 3806. 301.048 (1) (a) of the statutes is amended to read:

AB100,1537,14 301.048 (1) (a) Punishment that is less costly than ordinary imprisonment and more restrictive than ordinary probation or parole supervision or community supervision.

AB100, s. 3807 Section 3807. 301.048 (2) (cm) of the statutes is created to read:

AB100,1537,18 301.048 (2) (cm) A court or the department requires his or her participation in the program as a condition of community supervision under s. 302.113 (7) or 302.114 (5) (d) or (8) or 973.01 (5).

AB100, s. 3808 Section 3808. 301.048 (2) (d) of the statutes is amended to read:

AB100,1537,22 301.048 (2) (d) The department and the person agree to his or her participation in the program as an alternative to revocation of probation, community supervision or parole.

AB100, s. 3809 Section 3809. 301.048 (4) (a) of the statutes is amended to read:

AB100,1538,7 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) is a prisoner. A participant entering the program under sub. (2) (c) is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) is a prisoner, except that he or she remains a person on community supervision for purposes of revocation. A participant entering the program under sub. (2) (d) is a prisoner, except that he or she remains a probationer or, parolee or person on community supervision, whichever is applicable, for purposes of revocation.

AB100, s. 3810 Section 3810. 301.048 (4) (am) of the statutes is amended to read:

AB100,1538,17 301.048 (4) (am) A participant who is a parolee for purposes of revocation is subject to revocation for violation of any condition of parole or any rule or condition applicable because he or she is a program participant. A participant who is a person on community supervision for purposes of revocation is subject to revocation for violation of any condition of community supervision or any rule or condition applicable because he or she is a program participant. A participant who is a probationer for purposes of revocation is subject to revocation for violation of any condition of probation or any rule or condition applicable because he or she is a program participant.

AB100, s. 3811 Section 3811. 301.048 (4m) (b) (intro.) of the statutes is amended to read:

AB100,1538,24 301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or, parolee or person on community supervision who has violated s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive sanctions program, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

AB100, s. 3812 Section 3812. 301.048 (4m) (b) 1. of the statutes is amended to read:

AB100,1539,4 301.048 (4m) (b) 1. The victim of the crime committed by the prisoner, probationer or, parolee or person on community supervision or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

AB100, s. 3813 Section 3813. 301.048 (4m) (b) 2. of the statutes is amended to read:

AB100,1539,8 301.048 (4m) (b) 2. Any witness who testified against the prisoner, probationer or, parolee or person on community supervision in any court proceeding involving the offense.

AB100, s. 3814 Section 3814. 301.048 (4m) (d) of the statutes is amended to read:

AB100,1539,20 301.048 (4m) (d) The department shall design and prepare cards for any person specified in par. (b) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable participant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), but the department shall provide information from records kept under this paragraph in response to a request for information made under s. 49.22 (2m).

AB100, s. 3815 Section 3815. 301.048 (6) of the statutes is renumbered 301.048 (6) (a) and amended to read:

AB100,1539,25 301.048 (6) (a) The Except as provided in par. (b), the department may discharge a participant from participation in the program and from departmental custody and control at any time.

AB100, s. 3816 Section 3816. 301.048 (6) (b) of the statutes is created to read:

AB100,1540,5 301.048 (6) (b) The department may discharge a participant who is on community supervision under s. 302.113 from participation in the program at any time, but the person remains under departmental supervision under the terms of the person's bifurcated sentence imposed under s. 973.01 until the end of that sentence.

AB100, s. 3817 Section 3817. 301.048 (7) of the statutes is amended to read:

AB100,1540,9 301.048 (7) Reimbursement. The department shall provide reimbursement to counties and others for the actual costs incurred under sub. (3), as authorized by the department, from the appropriations under s. 20.410 (1) (ab) and (ai) (b).

AB100, s. 3818 Section 3818. 301.049 (2) (a) 2. of the statutes is amended to read:

AB100,1540,13 301.049 (2) (a) 2. On probation, community supervision or parole and who, if approved by the department under par. (b), would participate in the program as an alternative to revocation of probation, community supervision or parole.

AB100, s. 3819 Section 3819. 301.049 (3) (e) of the statutes is amended to read:

AB100,1540,16 301.049 (3) (e) Prepare each mother to be able to live in a safe, lawful and stable manner in the community upon parole, community supervision or discharge.

AB100, s. 3820 Section 3820. 301.055 of the statutes is repealed.

AB100, s. 3821 Section 3821. 301.08 (1) (c) 1. of the statutes is repealed.

AB100, s. 3822 Section 3822. 301.08 (1) (c) 2. of the statutes is amended to read:

AB100,1540,24 301.08 (1) (c) 2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers and, parolees and persons on community supervision who are under minimum supervision or administrative supervision. The

AB100,1541,4 3. Except as provided in subd. 3m., a contract under subd. 2. shall authorize any such a vendor to charge a fee to probationers and, parolees and persons on community supervision sufficient to cover the cost of supervision and administration of the contract.

AB100,1541,7 4. If the department collects any moneys from a vendor under the a contract under subd. 2., the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB100,1541,12 5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and, parolees and persons on community supervision supervised by the a vendor who contracts with the department under subd. 2. and shall promulgate rules defining "administrative supervision" and "minimum supervision".

AB100, s. 3823 Section 3823. 301.08 (1) (c) 3m. of the statutes is created to read:

AB100,1541,18 301.08 (1) (c) 3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer, parolee or person on community supervision who is supervised under the contract if the probationer, parolee or person on community supervision demonstrates that he or she is unable to pay the fee because of any of the following:

AB100,1541,20 a. The probationer, parolee or person on community supervision is undergoing treatment approved by the department and is unable to work.

AB100,1541,24 b. The probationer, parolee or person on community supervision has a statement from a physician certifying to the department that the probationer, parolee or person on community supervision should be excused from working for medical reasons.

AB100, s. 3824 Section 3824. 301.08 (2) (d) 5. of the statutes is amended to read:

AB100,1542,4 301.08 (2) (d) 5. Charge a uniform schedule of fees established under s. 46.03 301.03 (18) unless waived by the purchaser with approval of the department. Whenever providers recover funds attributed to the client, the funds shall offset the amount paid under the contract.

AB100, s. 3825 Section 3825. 301.12 of the statutes is repealed and recreated to read:

AB100,1542,11 301.12 Cost of care and maintenance, liability; collection and deportation counsel; collections; court actions; recovery. (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB100,1543,7 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB100,1543,10 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01.

AB100,1543,16 (3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the resident; then, in the case of a minor, the parent or parents.

AB100,1543,22 (4) (a) If a person liable under sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.

AB100,1544,2 (b) If judgment is rendered in an action brought under par. (a) for any balance that is 90 or more days past due, interest at the rate of 12% per year shall be computed by the clerk and added to the liable person's costs. That interest shall begin on the date on which payment was due and shall end on the day before the date of any interest that is computed under s. 814.04 (4).

AB100,1544,6 (c) If the department issues an order to compel payment under par. (a), interest at the rate of 12% per year shall be computed by the department and added at the time of payment to the person's liability. That interest shall begin on the date on which payment was due and shall end on the day before the date of final payment.

AB100,1544,15 (5) If any person named in an order to compel payment issued under sub. (4) (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.

AB100,1544,18 (6) The sworn statement of the collection and deportation counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the resident.

AB100,1545,3 (7) The department shall administer and enforce this section. It shall appoint an attorney to be designated "collection and deportation counsel" and other necessary assistants. The department may delegate to such counsel such other powers and duties as it considers advisable. The collection or deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.

AB100,1545,4 (8) The department may:

AB100,1545,7 (a) Appear for the state in any and all collection and deportation matters arising in the several courts, and may commence suit in the name of the department to recover the cost of maintenance against the person liable therefor.

AB100,1545,11 (b) Determine whether any residents are subject to deportation; and on behalf of this state enter into reciprocal agreements with other states for deportation and importation of persons who are public charges, upon such terms as will protect the state's interests and promote mutual amicable relations with other states.

AB100,1545,16 (c) From time to time investigate the financial condition and needs of persons liable under sub. (2), their ability to presently maintain themselves, the persons legally dependent upon them for support, the protection of the property and investments from which they derive their living and their care and protection, for the purpose of ascertaining the person's ability to make payment in whole or in part.

AB100,1545,21 (d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under sub. (2) is liable, but not any claim payable by an insurer under s. 632.89 (2) or (2m) or by any other 3rd party.

AB100,1545,24 (e) Make an agreement with a person who is liable under sub. (2), or who may be willing to assume the cost of maintenance of any resident, providing for the payment of such costs at a specified rate or amount.

AB100,1546,2 (f) Make adjustment and settlement with the several counties for their proper share of all moneys collected.

AB100,1546,5 (i) Pay quarterly from the appropriation account under s. 20.410 (3) (gg) the collection moneys due county departments under ss. 46.215, 46.22 and 46.23. Payments shall be made as soon after the close of each quarter as is practicable.

AB100,1546,15 (9) Any person who wilfully testifies falsely as to any material matter in an investigation or proceeding under this section shall be guilty of perjury. Banks, employers, insurers, savings banks, savings and loan associations, brokers and fiduciaries, upon request of the department, shall furnish in writing and duly certified, full information regarding the property, earnings or income or any funds deposited to the credit of or owing to any person liable under sub. (2). Such certified statement shall be admissible in evidence in any action or proceeding to compel payment under this section, and shall be evidence of the facts therein stated, provided a copy of such statement be served upon the party sought to be charged not less than 3 days before the hearing.

AB100,1546,18 (10) The department shall make all reasonable and proper efforts to collect all claims for maintenance, to keep payments current, and to periodically review all unpaid claims.

AB100,1546,20 (11) (a) Except as provided in par. (b), in any action to recover from a person liable under this section, the statute of limitations may be pleaded in defense.

AB100,1546,23 (b) If a person who is liable under this section is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable.

AB100,1547,9 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.