AB100,1548,1813
10. The best interests of the child, including, but not limited to, the impact on
14the child of expenditures by the family for improvement of any conditions in the home
15that would facilitate the reunification of the child with the child's family, if
16appropriate, and the importance of a placement that is the least restrictive of the
17rights of the child and the parents and the most appropriate for meeting the needs
18of the child and the family.
AB100,1548,1919
11. Any other factors that the court in each case determines are relevant.
AB100,1548,2420
(cm) 1. Except as provided in subd. 2., if a parent who is required to pay child
21support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the
22child for whom support is ordered, the amount of the child support payments
23determined under par. (b) or (c) may not exceed the amount of the adoption assistance
24payments.
AB100,1549,4
12. Subdivision 1. does not apply if, after considering the factors under par. (c)
21. to 11., the court finds by the greater weight of the credible evidence that limiting
3the amount of the child support payments to the amount of the adoption assistance
4payments is unfair to the child or to either of the parents.
AB100,1549,115
(d) If the court finds under par. (c) that use of the percentage standard is unfair
6to the minor child or either of the parents, the court shall state in writing or on the
7record the amount of support that would be required by using the percentage
8standard, the amount by which the court's order deviates from that amount, its
9reasons for finding that use of the percentage standard is unfair to the child or the
10parent, its reasons for the amount of the modification and the basis for the
11modification.
AB100,1549,1912
(e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or
13938.363 (2) for support determined under this subsection constitutes an assignment
14of all commissions, earnings, salaries, wages, pension benefits, benefits under ch.
15102 or 108 and other money due or to be due in the future to the county department
16under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the
17department, depending upon the placement of the child as specified by rules
18promulgated under subd. 5. The assignment shall be for an amount sufficient to
19ensure payment under the order.
AB100,1549,2320
2. Except as provided in subd. 3., for each payment made under the assignment,
21the person from whom the payer under the order receives money shall receive an
22amount equal to the person's necessary disbursements, not to exceed $3, which shall
23be deducted from the money to be paid to the payer.
AB100,1550,324
3. Benefits under ch. 108 may be assigned and withheld only in the manner
25provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for
1an amount certain. When money is to be withheld from these benefits, no fee may
2be deducted from the amount withheld and no fine may be levied for failure to
3withhold the money.
AB100,1550,124
4. No employer may use an assignment under this paragraph as a basis for the
5denial of employment to a person, the discharge of an employe or any disciplinary
6action against an employe. An employer who denies employment or discharges or
7disciplines an employe in violation of this subdivision may be fined not more than
8$500 and may be required to make full restitution to the aggrieved person, including
9reinstatement and back pay. Except as provided in this subdivision, restitution shall
10be in accordance with s. 973.20. An aggrieved person may apply to the district
11attorney or to the department of industry, labor and job development for enforcement
12of this subdivision.
AB100,1550,1413
5. The department shall promulgate rules for the operation and
14implementation of assignments under this paragraph.
AB100,1550,2015
(f) If the amount of the child support determined under this subsection is
16greater than the cost for the care and maintenance of the minor child in the
17residential, nonmedical facility, the assignee under par. (e) 1. shall expend or
18otherwise dispose of any funds that are collected in excess of the cost of such care and
19maintenance in a manner that the assignee determines will serve the best interests
20of the minor child.
AB100,1551,221
(g) For purposes of determining child support under par. (b), the department
22shall promulgate rules related to the application of the standard established by the
23department of industry, labor and job development under s. 49.22 (9) to a child
24support obligation for the care and maintenance of a child who is placed by a court
25order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The
1rules shall take into account the needs of any person, including dependent children
2other than the child, whom either parent is legally obligated to support.
AB100,1551,11
3(16) The department shall delegate to county departments under ss. 46.215,
446.22 and 46.23 or the local providers of care and services meeting the standards
5established by the department under s. 301.08, the responsibilities vested in the
6department under this section for collection of fees for services other than those
7provided at state facilities if such county departments or providers meet the
8conditions considered appropriate by the department. The department may delegate
9to county departments under ss. 46.215, 46.22 and 46.23 the responsibilities vested
10in the department under this section for collection of fees for services provided at the
11state facilities if the necessary conditions are met.
AB100, s. 3826
12Section
3826. 301.132 (2) of the statutes is amended to read:
AB100,1551,1613
301.132
(2) The department may require, as a condition of probation
or, parole
14or community supervision, that a probationer
or, parolee
or person on community
15supervision who is a sex offender submit to a lie detector test when directed to do so
16by the department.
AB100, s. 3827
17Section
3827. 301.132 (3) of the statutes is amended to read:
AB100,1551,2218
301.132
(3) The department shall promulgate rules establishing a lie detector
19test program for probationers
and, parolees
and persons on community supervision 20who are sex offenders. The rules shall provide for assessment of fees upon
21probationers
and, parolees
and persons on community supervision to partially offset
22the costs of the program.
AB100, s. 3828
23Section
3828. 301.16 (1p) of the statutes is renumbered 301.16 (1x).
AB100, s. 3829
24Section
3829. 301.16 (1r) of the statutes is created to read:
AB100,1552,6
1301.16
(1r) In addition to the institutions under sub. (1), the department shall
2establish a medium security correctional institution for persons 15 years of age or
3over, but not more than 23 years of age, who have been placed in a state prison under
4s. 302.01. The medium security correctional institution under this subsection shall
5be known as the Racine Youthful Offender Correctional Facility and shall be located
6at the intersection of Albert Street and North Memorial Drive in the city of Racine.
AB100, s. 3830
7Section
3830. 301.18 (1) (by) of the statutes is created to read:
AB100,1552,98
301.18
(1) (by) Provide the facilities necessary for the Racine Youthful Offender
9Correctional Facility under s. 301.16 (1r).
AB100, s. 3831
10Section
3831. 301.21 (1) (h) of the statutes is amended to read:
AB100,1552,1211
301.21
(1) (h) Provisions concerning procedures for probation, parole
,
12community supervision and discharge.
AB100, s. 3832
13Section
3832. 301.22 of the statutes is created to read:
AB100,1552,18
14301.22 Contracts with private persons for the transfer and
15confinement of Wisconsin prisoners in other states. (1) The department may
16enter into one or more contracts with a private person for the transfer and
17confinement in another state of prisoners who have been committed to the custody
18of the department. Any such contract shall provide for all of the following:
AB100,1552,1919
(a) A termination date.
AB100,1552,2320
(b) Provisions concerning the costs of prisoner maintenance, extraordinary
21medical and dental expenses and any participation in or receipt by prisoners of
22rehabilitative or correctional services, facilities, programs or treatment, including
23those costs not reasonably included as part of normal maintenance.
AB100,1553,224
(c) Provisions concerning any participation in programs of prisoner
25employment if any, the disposition or crediting of any payments received by prisoners
1on account of employment, and the crediting of proceeds from or disposal of any
2products resulting from employment.
AB100,1553,33
(d) Delivery and retaking of prisoners.
AB100,1553,54
(e) Regular reporting procedures concerning Wisconsin prisoners by the
5private person with which the department is contracting.
AB100,1553,76
(f) Provisions concerning procedures for probation, parole, community
7supervision and discharge.
AB100,1553,98
(g) The same standards of reasonable and humane care as the prisoners would
9receive in an appropriate Wisconsin institution.
AB100,1553,1210
(h) Any other matters as are necessary and appropriate to fix the obligations,
11responsibilities and rights of Wisconsin and the private person with which the
12department is contracting.
AB100,1553,16
13(2) While in an institution in another state covered by a contract under this
14section, Wisconsin prisoners are subject to all provisions of law and regulation
15concerning the confinement of persons in that institution under the laws of that
16state.
AB100,1553,19
17(3) Any hearing to consider parole to which a prisoner confined under a
18contract under this section may be entitled by the laws of Wisconsin shall be
19conducted by the Wisconsin parole commission under rules of the department.
AB100,1553,21
20(4) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under
21this section.
AB100,1554,2
22(5) The provisions of any contract entered into under this section are severable.
23If any provision of such a contract is invalid, or if the application of a provision of the
24contract to any person or circumstance is invalid, the invalidity does not affect other
1provisions or applications which can be given effect without the invalid provision or
2application.
AB100, s. 3833
3Section
3833. 301.26 (2) (b) of the statutes is amended to read:
AB100,1554,64
301.26
(2) (b) Uniform fees collected or received by counties under s.
46.03 5301.03 (18) for services provided under this section shall be applied to cover the cost
6of the services.
AB100, s. 3834
7Section
3834. 301.26 (3) (c) of the statutes is amended to read:
AB100,1554,108
301.26
(3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd)
9and
(oo) (ko), the department shall allocate funds to each county for services under
10this section.
AB100, s. 3835
11Section
3835. 301.26 (4) (a) of the statutes is amended to read:
AB100,1554,2312
301.26
(4) (a) Except as provided in pars. (c) and (cm), the department of
13corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd)
14for the costs of care, services and supplies purchased or provided by the department
15of corrections for each person receiving services under s. 48.366, 938.183
(2) or 938.34
16or the department of health and family services for each person receiving services
17under s.
46.057 or 51.35 (3). The department of corrections may not bill a county for
18or deduct from a county's allocation the cost of care, services and supplies provided
19to a person subject to an order under s. 48.366 or 938.183
(2) after the person reaches
2018 years of age. Payment shall be due within 60 days after the billing date. If any
21payment has not been received within 60 days, the department of corrections may
22withhold aid payments in the amount due from the appropriation under s. 20.410 (3)
23(cd).
AB100, s. 3836
24Section
3836. 301.26 (4) (b) of the statutes is amended to read:
AB100,1555,15
1301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
2the basis of the per person per day cost estimate specified in par. (d)
3m. and 2. to 4.
3Except as provided in pars. (bm), (c) and (cm), liability shall apply to county
4departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising
5jurisdiction under chs. 48 and 938 for each person receiving services from the
6department of corrections under s. 48.366, 938.183
(2) or 938.34 or the department
7of health and family services under s.
46.057 or 51.35 (3). Except as provided in pars.
8(bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within
9the jurisdiction shall be liable for costs under this subsection. Assessment of costs
10under par. (a) shall also be made according to the general placement type or level of
11care provided, as defined by the department, and prorated according to the ratio of
12the amount designated under sub. (3) (c) to the total applicable estimated costs of
13care, services and supplies provided by the department of corrections under ss.
1448.366, 938.183
(2) and 938.34 and the department of health and family services
15under s.
46.057 or 51.35 (3).
AB100, s. 3837
16Section
3837. 301.26 (4) (c) of the statutes is amended to read:
AB100,1555,2217
301.26
(4) (c) Notwithstanding pars. (a), (b) and (bm), the department of
18corrections shall pay, from the appropriation
account under s. 20.410 (3) (hm), the
19costs of care, services and supplies provided for each person receiving services under
20s.
46.057, 48.366, 51.35 (3), 938.183
(2) or 938.34 who was under the guardianship
21of the department of health and family services pursuant to an order under ch. 48
22at the time that the person was adjudicated delinquent.
AB100, s. 3838
23Section
3838. 301.26 (4) (cm) 3. of the statutes is amended to read:
AB100,1556,224
301.26
(4) (cm) 3. The per person daily reimbursement rate for juvenile
25correctional services under this paragraph shall be equal to the per person daily cost
1assessment to counties under par. (d)
3m. and 2. to 4. for juvenile correctional
2services.
AB100, s. 3839
3Section
3839. 301.26 (4) (d) 1. of the statutes is amended to read:
AB100,1556,74
301.26
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
5938.34, all payments and deductions made under this subsection and uniform fee
6collections made under s.
46.03 301.03 (18) shall be
deposited in credited to the
7appropriation
account under s. 20.410 (3) (hm).
AB100, s. 3840
8Section
3840. 301.26 (4) (d) 1m. of the statutes is amended to read:
AB100,1556,129
301.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss.
1048.366 and 938.183
(2), all payments and deductions made under this subsection and
11uniform fee collections made under s.
46.03 301.03 (18) shall be
deposited in credited
12to the appropriation
account under s. 20.410 (3) (hm).
AB100, s. 3841
13Section
3841. 301.26 (4) (d) 2. of the statutes is created to read:
AB100,1556,2114
301.26
(4) (d) 2. Beginning on July 1, 1997, and ending on December 31, 1997,
15the per person daily cost assessment to counties shall be $137.52 for care in a Type 1
16secured correctional facility, as defined in s. 938.02 (19), $137.52 for care for juveniles
17transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 for
18care in a child caring institution, including a secured child caring institution, $111.16
19for care in a group home, $24.78 for care in a foster home, $71.35 for care in a
20treatment foster home, $77.75 for departmental corrective sanctions services and
21$15.55 for departmental aftercare services.
AB100, s. 3842
22Section
3842. 301.26 (4) (d) 3. of the statutes is created to read:
AB100,1557,523
301.26
(4) (d) 3. In calendar year 1998, the per person daily cost assessment
24to counties shall be $147.40 for care in a Type 1 secured correctional facility, as
25defined in s. 938.02 (19), $147.40 for care for juveniles transferred from a juvenile
1correctional institution under s. 51.35 (3), $161.79 for care in a child caring
2institution, including a secured child caring institution, $112.25 for care in a group
3home, $25.02 for care in a foster home, $72.05 for care in a treatment foster home,
4$69.16 for departmental corrective sanctions services and $15.25 for departmental
5aftercare services.
AB100, s. 3843
6Section
3843. 301.26 (4) (d) 3m. of the statutes is repealed.
AB100, s. 3844
7Section
3844. 301.26 (4) (d) 4. of the statutes is amended to read:
AB100,1557,168
301.26
(4) (d) 4. Beginning on January 1,
1997 1999, and ending on
9June 30,
1997 1999, the per person daily cost assessment to counties shall be
$133.82 10$151.32 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19),
11$133.82 $151.32 for care for
children juveniles transferred from a juvenile
12correctional institution under s. 51.35 (3),
$157.08
$163.36 for care in a child caring
13institution, including a secured child caring institution,
$108.98 $113.34 for care in
14a group home
for children,
$24.29
$25.26 for care in a foster home,
$69.95 $72.75 for
15care in a treatment foster home,
$82.11 $62.81 for departmental corrective sanctions
16services and
$14.95 $14.96 for departmental aftercare services.
AB100, s. 3845
17Section
3845. 301.26 (4) (dt) of the statutes is amended to read:
AB100,1557,2018
301.26
(4) (dt) For serious juvenile offender services, all uniform fee collections
19under s.
46.03 301.03 (18) shall be deposited in the appropriation account under s.
2020.410 (3) (hm).
AB100, s. 3846
21Section
3846. 301.26 (4) (e) of the statutes is amended to read:
AB100,1558,222
301.26
(4) (e) For foster care, treatment foster care, group home care and
23institutional child care to delinquent
children juveniles under ss. 49.19 (10) (d),
24938.48 (4) and (14) and 938.52 all payments and deductions made under this
1subsection and uniform fee collections under s.
46.03 301.03 (18) shall be
deposited
2in credited to the appropriation
account under s. 20.410 (3) (ho).
AB100, s. 3847
3Section
3847. 301.26 (4) (ed) of the statutes is amended to read:
AB100,1558,74
301.26
(4) (ed) For foster care, treatment foster care, group home care and
5institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48
6(4) and (14) and 938.52 all uniform fee collections under s.
46.03 301.03 (18) shall be
7deposited in credited to the appropriation
account under s. 20.410 (3) (ho).
AB100, s. 3848
8Section
3848. 301.26 (4) (eg) of the statutes is amended to read:
AB100,1558,129
301.26
(4) (eg) For corrective sanctions services under s. 938.533 (2), all
10payments and deductions made under this subsection and uniform fee collections
11under s.
46.03 301.03 (18) shall be
deposited in credited to the appropriation
account 12under s. 20.410 (3) (hr).
AB100, s. 3849
13Section
3849. 301.26 (4) (g) of the statutes is amended to read:
AB100,1558,1814
301.26
(4) (g) For juvenile field and institutional aftercare services under ch.
15938 and for the
office of juvenile offender review
program, all payments and
16deductions made under this subsection and uniform fee collections under s.
46.03 17301.03 (18) shall be deposited in the general fund and shall be treated as a
18nonappropriated receipt.
AB100, s. 3850
19Section
3850. 301.26 (6) (a) of the statutes is amended to read:
AB100,1558,2320
301.26
(6) (a) The intent of this subsection is to develop criteria to assist the
21legislature in allocating funding, excluding funding for base allocations, from the
22appropriations under s. 20.410 (3) (cd) and
(oo)
(ko) for purposes described in this
23section.
AB100, s. 3851
24Section
3851. 301.26 (7) (intro.) of the statutes is amended to read:
AB100,1559,5
1301.26
(7) Allocations of funds. (intro.) Within the limits of the availability
2of federal funds and of the appropriations under s. 20.410 (3) (cd) and
(oo) (ko), the
3department shall allocate funds for community youth and family aids for the period
4beginning on July 1,
1996 1997, and ending on June 30,
1997 1998, as provided in
5this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
AB100, s. 3852
6Section
3852. 301.263 (title) of the statutes is renumbered 46.263 (title).
AB100, s. 3853
7Section
3853. 301.263 (1) of the statutes is renumbered 46.263 (1) and
8amended to read:
AB100,1559,129
46.263
(1) From the appropriation under s.
20.410 20.435 (3) (f), the
10department shall distribute $3,750,000 in each year to counties for early
11intervention services
for first offenders and for intensive community-based
12intervention services
for seriously chronic offenders.
AB100, s. 3854
13Section
3854. 301.263 (2) of the statutes is renumbered 46.263 (2).
AB100, s. 3855
14Section
3855. 301.263 (3) of the statutes is renumbered 46.263 (3).
AB100, s. 3856
15Section
3856. 301.265 (2) of the statutes is amended to read:
AB100,1559,2016
301.265
(2) From the appropriation under s. 20.410 (3)
(p) (kp), the department
17shall allocate may not distribute more than $300,000 in each fiscal year to the
18organization that it has contracted with under sub. (1) for alcohol and other drug
19abuse education and treatment services for participants in that organization's youth
20diversion program.