AB100: Bill Text

AB100,1547,22 1. The needs of the child.

AB100,1547,24 2. The physical, mental and emotional health needs of the child, including any costs for the child's health insurance provided by a parent.

AB100,1548,3 3. The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

AB100,1548,4 4. The financial resources of the parents.

AB100,1548,7 5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.

AB100,1548,8 6. The need and capacity of the child for education, including higher education.

AB100,1548,9 7. The age of the child.

AB100,1548,10 8. The financial resources and the earning ability of the child.

AB100,1548,12 9. The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB100,1548,18 10. The best interests of the child, including, but not limited to, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child's family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.

AB100,1548,19 11. Any other factors that the court in each case determines are relevant.

AB100,1548,24 (cm) 1. Except as provided in subd. 2., if a parent who is required to pay child support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the child for whom support is ordered, the amount of the child support payments determined under par. (b) or (c) may not exceed the amount of the adoption assistance payments.

AB100,1549,4 2. Subdivision 1. does not apply if, after considering the factors under par. (c) 1. to 11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance payments is unfair to the child or to either of the parents.

AB100,1549,11 (d) If the court finds under par. (c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard is unfair to the child or the parent, its reasons for the amount of the modification and the basis for the modification.

AB100,1549,19 (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB100,1549,23 2. Except as provided in subd. 3., for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.

AB100,1550,3 3. Benefits under ch. 108 may be assigned and withheld only in the manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.

AB100,1550,12 4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of industry, labor and job development for enforcement of this subdivision.

AB100,1550,14 5. The department shall promulgate rules for the operation and implementation of assignments under this paragraph.

AB100,1550,20 (f) If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under par. (e) 1. shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.

AB100,1551,2 (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of industry, labor and job development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB100,1551,11 (16) The department shall delegate to county departments under ss. 46.215, 46.22 and 46.23 or the local providers of care and services meeting the standards established by the department under s. 301.08, the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities if such county departments or providers meet the conditions considered appropriate by the department. The department may delegate to county departments under ss. 46.215, 46.22 and 46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.

AB100, s. 3826 Section 3826. 301.132 (2) of the statutes is amended to read:

AB100,1551,16 301.132 (2) The department may require, as a condition of probation or, parole or community supervision, that a probationer or, parolee or person on community supervision who is a sex offender submit to a lie detector test when directed to do so by the department.

AB100, s. 3827 Section 3827. 301.132 (3) of the statutes is amended to read:

AB100,1551,22 301.132 (3) The department shall promulgate rules establishing a lie detector test program for probationers and, parolees and persons on community supervision who are sex offenders. The rules shall provide for assessment of fees upon probationers and, parolees and persons on community supervision to partially offset the costs of the program.

AB100, s. 3828 Section 3828. 301.16 (1p) of the statutes is renumbered 301.16 (1x).

AB100, s. 3829 Section 3829. 301.16 (1r) of the statutes is created to read:

AB100,1552,6 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 23 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine.

AB100, s. 3830 Section 3830. 301.18 (1) (by) of the statutes is created to read:

AB100,1552,9 301.18 (1) (by) Provide the facilities necessary for the Racine Youthful Offender Correctional Facility under s. 301.16 (1r).

AB100, s. 3831 Section 3831. 301.21 (1) (h) of the statutes is amended to read:

AB100,1552,12 301.21 (1) (h) Provisions concerning procedures for probation, parole, community supervision and discharge.

AB100, s. 3832 Section 3832. 301.22 of the statutes is created to read:

AB100,1552,18 301.22 Contracts with private persons for the transfer and confinement of Wisconsin prisoners in other states. (1) The department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:

AB100,1552,19 (a) A termination date.

AB100,1552,23 (b) Provisions concerning the costs of prisoner maintenance, extraordinary medical and dental expenses and any participation in or receipt by prisoners of rehabilitative or correctional services, facilities, programs or treatment, including those costs not reasonably included as part of normal maintenance.

AB100,1553,2 (c) Provisions concerning any participation in programs of prisoner employment if any, the disposition or crediting of any payments received by prisoners on account of employment, and the crediting of proceeds from or disposal of any products resulting from employment.

AB100,1553,3 (d) Delivery and retaking of prisoners.

AB100,1553,5 (e) Regular reporting procedures concerning Wisconsin prisoners by the private person with which the department is contracting.

AB100,1553,7 (f) Provisions concerning procedures for probation, parole, community supervision and discharge.

AB100,1553,9 (g) The same standards of reasonable and humane care as the prisoners would receive in an appropriate Wisconsin institution.

AB100,1553,12 (h) Any other matters as are necessary and appropriate to fix the obligations, responsibilities and rights of Wisconsin and the private person with which the department is contracting.

AB100,1553,16 (2) While in an institution in another state covered by a contract under this section, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state.

AB100,1553,19 (3) Any hearing to consider parole to which a prisoner confined under a contract under this section may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole commission under rules of the department.

AB100,1553,21 (4) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under this section.

AB100,1554,2 (5) The provisions of any contract entered into under this section are severable. If any provision of such a contract is invalid, or if the application of a provision of the contract to any person or circumstance is invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.

AB100, s. 3833 Section 3833. 301.26 (2) (b) of the statutes is amended to read:

AB100,1554,6 301.26 (2) (b) Uniform fees collected or received by counties under s. 46.03 301.03 (18) for services provided under this section shall be applied to cover the cost of the services.

AB100, s. 3834 Section 3834. 301.26 (3) (c) of the statutes is amended to read:

AB100,1554,10 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and (oo) (ko), the department shall allocate funds to each county for services under this section.

AB100, s. 3835 Section 3835. 301.26 (4) (a) of the statutes is amended to read:

AB100,1554,23 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 (2) or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 (2) after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

AB100, s. 3836 Section 3836. 301.26 (4) (b) of the statutes is amended to read:

AB100,1555,15 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 3m. and 2. to 4. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183 (2) or 938.34 or the department of health and family services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under ss. 48.366, 938.183 (2) and 938.34 and the department of health and family services under s. 46.057 or 51.35 (3).

AB100, s. 3837 Section 3837. 301.26 (4) (c) of the statutes is amended to read:

AB100,1555,22 301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 (2) or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB100, s. 3838 Section 3838. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB100,1556,2 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 3m. and 2. to 4. for juvenile correctional services.

AB100, s. 3839 Section 3839. 301.26 (4) (d) 1. of the statutes is amended to read:

AB100,1556,7 301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

AB100, s. 3840 Section 3840. 301.26 (4) (d) 1m. of the statutes is amended to read:

AB100,1556,12 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss. 48.366 and 938.183 (2), all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

AB100, s. 3841 Section 3841. 301.26 (4) (d) 2. of the statutes is created to read:

AB100,1556,21 301.26 (4) (d) 2. Beginning on July 1, 1997, and ending on December 31, 1997, the per person daily cost assessment to counties shall be $137.52 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $137.52 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 for care in a child caring institution, including a secured child caring institution, $111.16 for care in a group home, $24.78 for care in a foster home, $71.35 for care in a treatment foster home, $77.75 for departmental corrective sanctions services and $15.55 for departmental aftercare services.

AB100, s. 3842 Section 3842. 301.26 (4) (d) 3. of the statutes is created to read:

AB100,1557,5 301.26 (4) (d) 3. In calendar year 1998, the per person daily cost assessment to counties shall be $147.40 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $147.40 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $161.79 for care in a child caring institution, including a secured child caring institution, $112.25 for care in a group home, $25.02 for care in a foster home, $72.05 for care in a treatment foster home, $69.16 for departmental corrective sanctions services and $15.25 for departmental aftercare services.

AB100, s. 3843 Section 3843. 301.26 (4) (d) 3m. of the statutes is repealed.

AB100, s. 3844 Section 3844. 301.26 (4) (d) 4. of the statutes is amended to read:

AB100,1557,16 301.26 (4) (d) 4. Beginning on January 1, 1997 1999, and ending on June 30, 1997 1999, the per person daily cost assessment to counties shall be $133.82 $151.32 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $133.82 $151.32 for care for children juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $157.08 $163.36 for care in a child caring institution, including a secured child caring institution, $108.98 $113.34 for care in a group home for children, $24.29 $25.26 for care in a foster home, $69.95 $72.75 for care in a treatment foster home, $82.11 $62.81 for departmental corrective sanctions services and $14.95 $14.96 for departmental aftercare services.

AB100, s. 3845 Section 3845. 301.26 (4) (dt) of the statutes is amended to read:

AB100,1557,20 301.26 (4) (dt) For serious juvenile offender services, all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the appropriation account under s. 20.410 (3) (hm).

AB100, s. 3846 Section 3846. 301.26 (4) (e) of the statutes is amended to read:

AB100,1558,2 301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 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. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

AB100, s. 3847 Section 3847. 301.26 (4) (ed) of the statutes is amended to read:

AB100,1558,7 301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (ho).

AB100, s. 3848 Section 3848. 301.26 (4) (eg) of the statutes is amended to read:

AB100,1558,12 301.26 (4) (eg) For corrective sanctions services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hr).

AB100, s. 3849 Section 3849. 301.26 (4) (g) of the statutes is amended to read:

AB100,1558,18 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review program, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB100, s. 3850 Section 3850. 301.26 (6) (a) of the statutes is amended to read:

AB100,1558,23 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and (oo) (ko) for purposes described in this section.