SB77,1541,12 85. The department shall promulgate rules for fees, collections, reporting and
9verification regarding probationers and, parolees and persons on community
10supervision
supervised by the a vendor who contracts with the department under
11subd. 2. and shall promulgate rules defining "administrative supervision" and
12"minimum supervision"
.
SB77, s. 3823 13Section 3823. 301.08 (1) (c) 3m. of the statutes is created to read:
SB77,1541,1814 301.08 (1) (c) 3m. A contract under subd. 2. shall permit the department to
15prohibit a vendor from charging a fee to a probationer, parolee or person on
16community supervision who is supervised under the contract if the probationer,
17parolee or person on community supervision demonstrates that he or she is unable
18to pay the fee because of any of the following:
SB77,1541,2019 a. The probationer, parolee or person on community supervision is undergoing
20treatment approved by the department and is unable to work.
SB77,1541,2421 b. The probationer, parolee or person on community supervision has a
22statement from a physician certifying to the department that the probationer,
23parolee or person on community supervision should be excused from working for
24medical reasons.
SB77, s. 3824 25Section 3824. 301.08 (2) (d) 5. of the statutes is amended to read:
SB77,1542,4
1301.08 (2) (d) 5. Charge a uniform schedule of fees established under s. 46.03
2301.03 (18) unless waived by the purchaser with approval of the department.
3Whenever providers recover funds attributed to the client, the funds shall offset the
4amount paid under the contract.
SB77, s. 3825 5Section 3825. 301.12 of the statutes is repealed and recreated to read:
SB77,1542,11 6301.12 Cost of care and maintenance, liability; collection and
7deportation counsel; collections; court actions; recovery.
(1) Liability and
8the collection and enforcement of such liability for the care, maintenance, services
9and supplies specified in this section is governed exclusively by this section, except
10in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4.,
11938.357 (5m) or 938.363 (2) or ch. 767.
SB77,1543,7 12(2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including
13but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or
14938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by
15any institution in this state operated or contracted for by the department, in which
16the state is chargeable with all or part of the person's care, maintenance, services and
17supplies, and the person's property and estate, including the homestead, and the
18spouse of the person, and the spouse's property and estate, including the homestead,
19and, in the case of a minor child, the parents of the person, and their property and
20estates, including their homestead, and, in the case of a foreign child described in s.
2148.839 (1) who became dependent on public funds for his or her primary support
22before an order granting his or her adoption, the resident of this state appointed
23guardian of the child by a foreign court who brought the child into this state for the
24purpose of adoption, and his or her property and estate, including his or her
25homestead, shall be liable for the cost of the care, maintenance, services and supplies

1in accordance with the fee schedule established by the department under s. 301.03
2(18). If a spouse, widow or minor, or an incapacitated person may be lawfully
3dependent upon the property for their support, the court shall release all or such part
4of the property and estate from the charges that may be necessary to provide for those
5persons. The department shall make every reasonable effort to notify the liable
6persons as soon as possible after the beginning of the maintenance, but the notice or
7the receipt thereof is not a condition of liability.
SB77,1543,10 8(2m) The liability specified in sub. (2) shall not apply to persons 17 and older
9receiving care, maintenance, services and supplies provided by prisons named in s.
10302.01.
SB77,1543,16 11(3) After investigation of the liable persons' ability to pay, the department shall
12make collection from the person who in the opinion of the department under all of
13the circumstances is best able to pay, giving due regard to relationship and the
14present needs of the person or of the lawful dependents. However, the liability of
15relatives for maintenance shall be in the following order: first, the spouse of the
16resident; then, in the case of a minor, the parent or parents.
SB77,1543,22 17(4) (a) If a person liable under sub. (2) fails to make payment or enter into or
18comply with an agreement for payment, the department may bring an action to
19enforce the liability or may issue an order to compel payment of the liability. Any
20person aggrieved by an order issued by the department under this paragraph may
21appeal the order as a contested case under ch. 227 by filing with the department a
22request for a hearing within 30 days after the date of the order.
SB77,1544,223 (b) If judgment is rendered in an action brought under par. (a) for any balance
24that is 90 or more days past due, interest at the rate of 12% per year shall be
25computed by the clerk and added to the liable person's costs. That interest shall

1begin on the date on which payment was due and shall end on the day before the date
2of any interest that is computed under s. 814.04 (4).
SB77,1544,63 (c) If the department issues an order to compel payment under par. (a), interest
4at the rate of 12% per year shall be computed by the department and added at the
5time of payment to the person's liability. That interest shall begin on the date on
6which payment was due and shall end on the day before the date of final payment.
SB77,1544,15 7(5) If any person named in an order to compel payment issued under sub. (4)
8(a) fails to pay the department any amount due under the terms of the order and no
9contested case to review the order is pending and the time for filing for a contested
10case review has expired, the department may present a certified copy of the order to
11the circuit court for any county. The circuit court shall, without notice, render
12judgment in accordance with the order. A judgment rendered under this subsection
13shall have the same effect and shall be entered in the judgment and lien docket and
14may be enforced in the same manner as if the judgment had been rendered in an
15action tried and determined by the circuit court.
SB77,1544,18 16(6) The sworn statement of the collection and deportation counsel, or of the
17secretary, shall be evidence of the fee and of the care and services received by the
18resident.
SB77,1545,3 19(7) The department shall administer and enforce this section. It shall appoint
20an attorney to be designated "collection and deportation counsel" and other
21necessary assistants. The department may delegate to such counsel such other
22powers and duties as it considers advisable. The collection or deportation counsel or
23any of the assistants may administer oaths, take affidavits and testimony, examine
24public records, subpoena witnesses and the production of books, papers, records, and
25documents material to any matter of proceeding relating to payments for the cost of

1maintenance. The department shall encourage agreements or settlements with the
2liable person, having due regard to ability to pay and the present needs of lawful
3dependents.
SB77,1545,4 4(8) The department may:
SB77,1545,75 (a) Appear for the state in any and all collection and deportation matters
6arising in the several courts, and may commence suit in the name of the department
7to recover the cost of maintenance against the person liable therefor.
SB77,1545,118 (b) Determine whether any residents are subject to deportation; and on behalf
9of this state enter into reciprocal agreements with other states for deportation and
10importation of persons who are public charges, upon such terms as will protect the
11state's interests and promote mutual amicable relations with other states.
SB77,1545,1612 (c) From time to time investigate the financial condition and needs of persons
13liable under sub. (2), their ability to presently maintain themselves, the persons
14legally dependent upon them for support, the protection of the property and
15investments from which they derive their living and their care and protection, for the
16purpose of ascertaining the person's ability to make payment in whole or in part.
SB77,1545,2117 (d) After due regard to the case and to a spouse and minor children who are
18lawfully dependent on the property for support, compromise or waive any portion of
19any claim of the state or county for which a person specified under sub. (2) is liable,
20but not any claim payable by an insurer under s. 632.89 (2) or (2m) or by any other
213rd party.
SB77,1545,2422 (e) Make an agreement with a person who is liable under sub. (2), or who may
23be willing to assume the cost of maintenance of any resident, providing for the
24payment of such costs at a specified rate or amount.
SB77,1546,2
1(f) Make adjustment and settlement with the several counties for their proper
2share of all moneys collected.
SB77,1546,53 (i) Pay quarterly from the appropriation account under s. 20.410 (3) (gg) the
4collection moneys due county departments under ss. 46.215, 46.22 and 46.23.
5Payments shall be made as soon after the close of each quarter as is practicable.
SB77,1546,15 6(9) Any person who wilfully testifies falsely as to any material matter in an
7investigation or proceeding under this section shall be guilty of perjury. Banks,
8employers, insurers, savings banks, savings and loan associations, brokers and
9fiduciaries, upon request of the department, shall furnish in writing and duly
10certified, full information regarding the property, earnings or income or any funds
11deposited to the credit of or owing to any person liable under sub. (2). Such certified
12statement shall be admissible in evidence in any action or proceeding to compel
13payment under this section, and shall be evidence of the facts therein stated,
14provided a copy of such statement be served upon the party sought to be charged not
15less than 3 days before the hearing.
SB77,1546,18 16(10) The department shall make all reasonable and proper efforts to collect all
17claims for maintenance, to keep payments current, and to periodically review all
18unpaid claims.
SB77,1546,20 19(11) (a) Except as provided in par. (b), in any action to recover from a person
20liable under this section, the statute of limitations may be pleaded in defense.
SB77,1546,2321 (b) If a person who is liable under this section is deceased, a claim may be filed
22against the decedent's estate and the statute of limitations specified in s. 859.02 shall
23be exclusively applicable.
SB77,1547,9 24(14) (a) Except as provided in pars. (b) and (c), liability of a person specified in
25sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age

1in residential, nonmedical facilities such as group homes, foster homes, treatment
2foster homes, child caring institutions and juvenile correctional institutions is
3determined in accordance with the cost-based fee established under s. 301.03 (18).
4The department shall bill the liable person up to any amount of liability not paid by
5an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules
6which include formulas governing ability to pay promulgated by the department
7under s. 301.03 (18). Any liability of the resident not payable by any other person
8terminates when the resident reaches age 17, unless the liable person has prevented
9payment by any act or omission.
SB77,1547,1710 (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent
11specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's
12minor child who has been placed by a court order under s. 938.183, 938.355 or
13938.357 in a residential, nonmedical facility such as a group home, foster home,
14treatment foster home, child caring institution or juvenile correctional institution
15shall be determined by the court by using the percentage standard established by the
16department of industry, labor and job development under s. 49.22 (9) and by applying
17the percentage standard in the manner established by the department under par. (g).
SB77,1547,2118 (c) Upon request by a parent, the court may modify the amount of child support
19payments determined under par. (b), subject to par. (cm), if, after considering the
20following factors, the court finds by the greater weight of the credible evidence that
21the use of the percentage standard is unfair to the child or to either of the parents:
SB77,1547,2222 1. The needs of the child.
SB77,1547,2423 2. The physical, mental and emotional health needs of the child, including any
24costs for the child's health insurance provided by a parent.
SB77,1548,3
13. The standard of living and circumstances of the parents, including the needs
2of each parent to support himself or herself at a level equal to or greater than that
3established under 42 USC 9902 (2).
SB77,1548,44 4. The financial resources of the parents.
SB77,1548,75 5. The earning capacity of each parent, based on each parent's education,
6training and work experience and based on the availability of work in or near the
7parent's community.
SB77,1548,88 6. The need and capacity of the child for education, including higher education.
SB77,1548,99 7. The age of the child.
SB77,1548,1010 8. The financial resources and the earning ability of the child.
SB77,1548,1211 9. The needs of any person, including dependent children other than the child,
12whom either parent is legally obligated to support.
SB77,1548,1813 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.
SB77,1548,1919 11. Any other factors that the court in each case determines are relevant.
SB77,1548,2420 (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.
SB77,1549,4
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.
SB77,1549,115 (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.
SB77,1549,1912 (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.
SB77,1549,2320 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.
SB77,1550,324 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.
SB77,1550,124 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.
SB77,1550,1413 5. The department shall promulgate rules for the operation and
14implementation of assignments under this paragraph.
SB77,1550,2015 (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.
SB77,1551,221 (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.
SB77,1551,11 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.
SB77, s. 3826 12Section 3826. 301.132 (2) of the statutes is amended to read:
SB77,1551,1613 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.
SB77, s. 3827 17Section 3827. 301.132 (3) of the statutes is amended to read:
SB77,1551,2218 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.
SB77, s. 3828 23Section 3828. 301.16 (1p) of the statutes is renumbered 301.16 (1x).
SB77, s. 3829 24Section 3829. 301.16 (1r) of the statutes is created to read:
SB77,1552,6
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.
SB77, s. 3830 7Section 3830. 301.18 (1) (by) of the statutes is created to read:
SB77,1552,98 301.18 (1) (by) Provide the facilities necessary for the Racine Youthful Offender
9Correctional Facility under s. 301.16 (1r).
SB77, s. 3831 10Section 3831. 301.21 (1) (h) of the statutes is amended to read:
SB77,1552,1211 301.21 (1) (h) Provisions concerning procedures for probation, parole,
12community supervision
and discharge.
SB77, s. 3832 13Section 3832. 301.22 of the statutes is created to read:
SB77,1552,18 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:
SB77,1552,1919 (a) A termination date.
SB77,1552,2320 (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.
SB77,1553,224 (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.
SB77,1553,33 (d) Delivery and retaking of prisoners.
SB77,1553,54 (e) Regular reporting procedures concerning Wisconsin prisoners by the
5private person with which the department is contracting.
SB77,1553,76 (f) Provisions concerning procedures for probation, parole, community
7supervision and discharge.
SB77,1553,98 (g) The same standards of reasonable and humane care as the prisoners would
9receive in an appropriate Wisconsin institution.
SB77,1553,1210 (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.
SB77,1553,16 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.
SB77,1553,19 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.
SB77,1553,21 20(4) Sections 16.75 and 301.08 (2) do not apply to contracts entered into under
21this section.
SB77,1554,2 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.
SB77, s. 3833 3Section 3833. 301.26 (2) (b) of the statutes is amended to read:
SB77,1554,64 301.26 (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.
SB77, s. 3834 7Section 3834. 301.26 (3) (c) of the statutes is amended to read:
SB77,1554,108 301.26 (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.
SB77, s. 3835 11Section 3835. 301.26 (4) (a) of the statutes is amended to read:
SB77,1554,2312 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).
SB77, s. 3836 24Section 3836. 301.26 (4) (b) of the statutes is amended to read:
SB77,1555,15
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).
SB77, s. 3837 16Section 3837. 301.26 (4) (c) of the statutes is amended to read:
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