SB804,34,621
49.34
(1) All services under this subchapter and
ch. chs. 48 and
all
22community-based juvenile delinquency-related services under ch. 938 purchased
23by the department or by a county department under s. 46.215, 46.22, or 46.23 shall
24be authorized and contracted for under the standards established under this section.
25The department may require the county departments to submit the contracts to the
1department for review and approval. For purchases of $10,000 or less the
2requirement for a written contract may be waived by the department. No contract
3is required for care provided by foster homes that are required to be licensed under
4s. 48.62. When the department directly contracts for services, the department shall
5follow the procedures in this section in addition to meeting purchasing requirements
6established in s. 16.75.
SB804,34,159
49.34
(2) All services purchased under this subchapter and
ch. chs. 48 and
all
10community-based juvenile delinquency-related services purchased under ch. 938
11shall meet standards established by the department and other requirements
12specified by the purchaser in the contract. Based on these standards the department
13shall establish standards for cost accounting and management information systems
14that shall monitor the utilization of the services, and document the specific services
15in meeting the service plan for the client and the objective of the service.
SB804,34,2518
49.35
(1) (a) The department shall supervise the administration of programs
19under this subchapter and
ch. chs. 48 and
of community-based juvenile
20delinquency-related programs under ch. 938. The department shall submit to the
21federal authorities state plans for the administration of programs under this
22subchapter and
ch. chs. 48 and
of community-based juvenile delinquency-related
23programs under ch. 938 in such form and containing such information as the federal
24authorities require, and shall comply with all requirements prescribed to ensure
25their correctness.
SB804,35,113
49.35
(1) (b) All records of the department and all county records relating to
4programs under this subchapter and
ch. chs. 48
, community-based juvenile
5delinquency-related programs under ch. and 938, and aid under s. 49.18, 1971 stats.,
6s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by
chapter 90, laws of 1973,
7shall be open to inspection at all reasonable hours by authorized representatives of
8the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county
9records relating to the administration of the services and public assistance specified
10in this paragraph shall be open to inspection at all reasonable hours by authorized
11representatives of the department.
SB804,117
12Section
117. 49.35 (2) of the statutes is amended to read:
SB804,35,1613
49.35
(2) The county administration of all laws relating to programs under this
14subchapter and
ch. chs. 48 and
to community-based juvenile delinquency-related
15programs under ch. 938 shall be vested in the officers and agencies designated in the
16statutes.
SB804,35,2519
49.45
(6m) (br) 1. Notwithstanding s. 20.435 (7) (b) or 20.437
(1) (cj) or (2) (dz)
20or (4) (cj), the department shall reduce allocations of funds to counties in the amount
21of the disallowance from the appropriation account under s. 20.435 (7) (b), or the
22department shall direct the department of children and families to reduce allocations
23of funds to counties or Wisconsin Works agencies in the amount of the disallowance
24from the appropriation account under s. 20.437
(1) (cj) or (2) (dz)
or (4) (cj), in
25accordance with s. 16.544 to the extent applicable.
SB804,119
1Section
119. 49.45 (25) (bj) of the statutes is amended to read:
SB804,36,92
49.45
(25) (bj) The department of
corrections children and families may elect
3to provide case management services under this subsection to persons who are under
4the supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or
5938.357 (4), who are Medical Assistance beneficiaries, and who meet one or more of
6the conditions specified in par. (am). The amount of the allowable charges for those
7services under the Medical Assistance program that is not provided by the federal
8government shall be paid from the appropriation account under s.
20.410 (3) 20.437
9(4) (hm), (ho), or (hr).
SB804,120
10Section
120. 49.855 (2p) of the statutes is repealed.
SB804,121
11Section
121. 49.855 (3) of the statutes is amended to read:
SB804,37,912
49.855
(3) Receipt of a certification by the department of revenue shall
13constitute a lien, equal to the amount certified, on any state tax refunds or credits
14owed to the obligor. The lien shall be foreclosed by the department of revenue as a
15setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
16that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
17obligor that the state intends to reduce any state tax refund or credit due the obligor
18by the amount the obligor is delinquent under the support, maintenance, or receiving
19and disbursing fee order or obligation, by the outstanding amount for past support,
20medical expenses, or birth expenses under the court order, or by the amount due
21under s. 46.10 (4)
, or 49.345 (4)
, or 301.12 (4). The notice shall provide that within
2220 days the obligor may request a hearing before the circuit court rendering the order
23under which the obligation arose. Within 10 days after receiving a request for
24hearing under this subsection, the court shall set the matter for hearing. Pending
25further order by the court or a circuit court commissioner, the department of children
1and families or its designee, whichever is appropriate, is prohibited from disbursing
2the obligor's state tax refund or credit. A circuit court commissioner may conduct the
3hearing. The sole issues at that hearing shall be whether the obligor owes the
4amount certified and, if not and it is a support or maintenance order, whether the
5money withheld from a tax refund or credit shall be paid to the obligor or held for
6future support or maintenance, except that the obligor's ability to pay shall also be
7an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d)
81. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's
9income was at or below the poverty line established under
42 USC 9902 (2).
SB804,122
10Section
122. 49.855 (4m) (b) of the statutes is amended to read:
SB804,38,1411
49.855
(4m) (b) The department of revenue may provide a certification that it
12receives under sub. (1), (2m),
(2p), or (2r) to the department of administration. Upon
13receipt of the certification, the department of administration shall determine
14whether the obligor is a vendor or is receiving any other payments from this state,
15except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1645.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration
17determines that the obligor is a vendor or is receiving payments from this state,
18except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1945.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
20certified from those payments and shall notify the obligor that the state intends to
21reduce any payments due the obligor by the amount the obligor is delinquent under
22the support, maintenance, or receiving and disbursing fee order or obligation, by the
23outstanding amount for past support, medical expenses, or birth expenses under the
24court order, or by the amount due under s. 46.10 (4)
,
or 49.345 (4)
, or 301.12 (4). The
25notice shall provide that within 20 days after receipt of the notice the obligor may
1request a hearing before the circuit court rendering the order under which the
2obligation arose. An obligor may, within 20 days after receiving notice, request a
3hearing under this paragraph. Within 10 days after receiving a request for hearing
4under this paragraph, the court shall set the matter for hearing. A circuit court
5commissioner may conduct the hearing. Pending further order by the court or circuit
6court commissioner, the department of children and families or its designee,
7whichever is appropriate, may not disburse the payments withheld from the obligor.
8The sole issues at the hearing are whether the obligor owes the amount certified and,
9if not and it is a support or maintenance order, whether the money withheld shall be
10paid to the obligor or held for future support or maintenance, except that the obligor's
11ability to pay is also an issue at the hearing if the obligation relates to an order under
12s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that
13the obligor's income was at or below the poverty line established under
42 USC 9902 14(2).
SB804,123
15Section
123. 59.24 of the statutes is amended to read:
SB804,39,8
1659.24 Clerks of counties containing state institutions to make claims
17in certain cases. The clerk of any county that is entitled to reimbursement under
18s. 16.51 (7) shall make a certified claim against the state, without direction from the
19board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms
20prescribed by the department of administration. The forms shall contain
21information required by the clerk and shall be filed annually
with the department
22of corrections on or before June 1.
If Claims for reimbursement of expenses involving
23a prisoner in a state prison named in s. 302.01 shall be filed with the department of
24corrections and, if the claims are approved by the department of corrections, they
25shall be certified to the department of administration and paid from the
1appropriation made by s. 20.410 (1) (c)
, if the claim is for reimbursement of expenses
2involving a prisoner in a state prison named in s. 302.01, or. Claims for
3reimbursement of expenses involving a juvenile in a juvenile correctional facility, as
4defined in s. 938.02 (10p), shall be filed with the department of children and families
5and, if the claims are approved by the department of children and families, they shall
6be certified to the department of administration and paid from the appropriation
7under s.
20.410 (3) 20.437 (4) (c)
, if the claim is for reimbursement of expenses
8involving a juvenile in a juvenile correctional facility, as defined in s. 938.02 (10p).
SB804,124
9Section
124. 102.27 (2) (a) of the statutes is amended to read:
SB804,39,1110
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
1149.345 (14) (e),
301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).
SB804,39,1414
230.08
(2) (e) 2m. Children and families —
9 10.
SB804,126
15Section
126. 230.08 (2) (e) 3e. of the statutes is amended to read:
SB804,39,1616
230.08
(2) (e) 3e. Corrections —
7 6.
SB804,127
17Section
127. 301.001 of the statutes is amended to read:
SB804,39,24
18301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to
19304 are to prevent
delinquency and crime by an attack on
their its causes; to provide
20a just, humane
, and efficient program of rehabilitation of offenders; and to coordinate
21and integrate corrections programs with other social services. In creating the
22department of corrections, chs. 301 to 304, the legislature intends that the state
23continue to avoid sole reliance on incarceration of offenders and continue to develop,
24support and maintain professional community programs and placements.
SB804,129
3Section
129. 301.01 (4) of the statutes is amended to read:
SB804,40,54
301.01
(4) "State correctional institution" means a state prison under s. 302.01
5or a juvenile correctional facility operated by the department.
SB804,40,12
8938.524 Division of juvenile corrections. The division of juvenile
9corrections shall exercise the powers and perform the duties of the department that
10relate to juvenile correctional services and institutions, juvenile offender review,
11community supervision under s. 938.533,
and the serious juvenile offender program
12under s. 938.538
, and youth aids under s. 938.526.
SB804,40,2215
301.03
(9) Supervise all persons placed in a state prison under s. 938.183
, all
16persons placed under court-ordered departmental supervision under s. 938.34 (2),
17all persons placed in the serious juvenile offender program under s. 938.34 (4h), all
18persons placed in a juvenile correctional facility or a secured residential treatment
19center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed
20under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons
21placed in an experiential education program under the supervision of the
22department under s. 938.34 (7g).
SB804,41,155
938.485
(10) (c) Promote the enforcement of laws for the protection of
6delinquent juveniles under its jurisdiction. To this end, the department shall
7cooperate with
the courts
assigned to exercise jurisdiction under chs. 48 and 938, the
8department of children and families, county departments
under ss. 46.215, 46.22,
9and 46.23, licensed child welfare agencies, and institutions in providing
10community-based programming, including in-home programming and intensive
11supervision, for delinquent juveniles under its jurisdiction. The department shall
12also establish and enforce standards for the development and delivery of services
13provided by the department under
ch. 938 this chapter in regard to juveniles who
14have been adjudicated delinquent and placed under the jurisdiction of the
15department.
SB804,136
18Section
136. 301.03 (10) (e) of the statutes is renumbered 938.485 (10) (e).
SB804,137
19Section
137. 301.03 (10) (f) of the statutes is renumbered 938.485 (10) (f).
SB804,138
20Section
138. 301.03 (10) (g) of the statutes is renumbered 938.485 (10) (g) and
21amended to read:
SB804,42,222
938.485
(10) (g) Keep statistics, by race, age
, and gender, of the number of
23juveniles over whom the court
assigned to exercise jurisdiction under chs. 48 and 938 24waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was
1ordered and annually report those statistics to the governor, and to the appropriate
2standing committees under s. 13.172 (3).
SB804,142
9Section
142. 301.035 (2) of the statutes is amended to read:
SB804,42,1210
301.035
(2) Assign hearing examiners from the division to preside over
11hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9),
938.357 (5), 973.10
, and 975.10
12(2) and ch. 304.
SB804,143
13Section
143. 301.035 (4) of the statutes is amended to read:
SB804,42,1714
301.035
(4) Supervise employees in the conduct of the activities of the division
15and be the administrative reviewing authority for decisions of the division under ss.
16302.11 (7), 302.113 (9), 302.114 (9),
938.357 (5), 973.10, 973.155 (2)
, and 975.10 (2)
17and ch. 304.
SB804,144
18Section
144. 301.06 of the statutes is repealed.
SB804,42,24
21301.07 Cooperation and contracts with federal government. The
22department may cooperate with the federal government in carrying out federal acts
23concerning adult corrections
and juvenile correctional services and may enter into
24contracts with the federal government under
18 USC 5003.
SB804,146
1Section
146. 301.08 (1) (b) 3. of the statutes is renumbered 938.485 (18) (b) and
2amended to read:
SB804,43,143
938.485
(18) (b) Contract with public, private, or voluntary agencies for the
4supervision, maintenance, and operation of juvenile correctional facilities,
5residential care centers for children and youth,
as defined in s. 938.02 (15d), and
6secured residential care centers for children and youth for the placement of juveniles
7who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183
8or 938.34 (4d), (4h), or (4m). The department may designate juvenile correctional
9facility, residential care center for children and youth, or a secured residential care
10center for children and youth contracted for under this
subdivision paragraph as a
11Type 2 juvenile correctional facility
, as defined in s. 938.02 (20), and may designate
12a residential care center for children and youth or secured residential care center for
13children and youth contracted for under this subdivision as a Type 2 residential care
14center for children and youth
, as defined in s. 938.02 (19r).
SB804,43,2417
301.08
(2) (a) All care and services purchased by the department
and all
18juvenile correctional services purchased by a county department under s. 46.215,
1946.22, or 46.23 shall be authorized and contracted for under the standards
20established under this subsection. For purchases of $10,000 or less the requirement
21for a written contract may be waived by the department.
No contract is required for
22care provided by foster homes required to be licensed under s. 48.62. If the
23department directly contracts for services, it shall follow the procedures in this
24subsection in addition to meeting purchasing requirements established in s. 16.75.
SB804,148
25Section
148. 301.08 (2) (d) 5. of the statutes is repealed.
SB804,150
3Section
150. 301.085 (4) of the statutes is repealed.
SB804,152
6Section
152. 301.20 of the statutes is renumbered 938.522.
SB804,153
7Section
153. 301.205 of the statutes is renumbered 938.485 (19) and amended
8to read:
SB804,44,139
938.485
(19) Reimbursement to visiting families. The department may
10reimburse Reimburse families visiting girls at a juvenile correctional facility. If the
11department decides to provide the reimbursement, the department shall establish
12criteria for the level of reimbursement, which shall include family income and size
13and other relevant factors.
SB804,156
18Section
156. 301.26 (4) (title) of the statutes is renumbered 938.526 (4) (title).
SB804,45,821
938.526
(4) (a) Except as provided in pars. (c) and (cm), the department
of
22corrections shall bill counties, or
the department of children and families shall 23deduct from the allocations under s. 20.437
(1)
(4) (cj), for the costs of care, services,
24and supplies purchased or provided by the department
of corrections of children and
25families for each person receiving services under s. 938.183 or 938.34 or the
1department of health services for each person receiving services under s. 46.057 or
251.35 (3). The department
of corrections may not bill a county,
and the department
3of children and families may not or deduct from a county's allocation, for the cost of
4care, services, and supplies provided to a person subject to an order under s. 938.183
5after the person reaches 18 years of age. Payment shall be due within 60 days after
6the billing date. If any payment has not been received within those 60 days, the
7department
of children and families may withhold aid payments in the amount due
8from the appropriation under s. 20.437
(1) (4) (cj).
SB804,45,2511
938.526
(4) (b) Assessment of costs under par. (a) shall be made periodically on
12the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4.
13Except as provided in pars. (bm), (c), and (cm), liability shall apply to
the county
14departments under s. 46.215, 46.22, or 46.23 department in the county of the court
15exercising jurisdiction under ch. 938 for each person receiving services from the
16department of
corrections children and families under s. 938.183 or 938.34 or the
17department of health services under s. 46.057 or 51.35 (3). Except as provided in
18pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency
19within the jurisdiction shall be liable for costs under this subsection. Assessment of
20costs under par. (a) shall also be made according to the general placement type or
21level of care provided, as defined by the department, and prorated according to the
22ratio of the amount designated under
s. 48.526 sub. (3) (c) to the total applicable
23estimated costs of care, services, and supplies provided by the department of
24corrections children and families under ss. 938.183 and 938.34 and the department
25of health services under s. 46.057 or 51.35 (3).
SB804,46,103
938.526
(4) (bm) Notwithstanding par. (b), the county department
under s.
446.215, 46.22, or 46.23 of the county of residency of a juvenile who has been
5adjudicated delinquent by a court of another county or by a court of another
6multicounty jurisdiction may voluntarily assume liability for the costs payable
7under par. (a). A county department may assume liability under this paragraph by
8a written agreement signed by the director of the county department that assumes
9liability under this paragraph and the director of the county department that is
10otherwise liable under par. (b).
SB804,160
11Section
160. 301.26 (4) (c) of the statutes is renumbered 938.526 (4) (c) and
12amended to read:
SB804,46,1813
938.526
(4) (c) Notwithstanding pars. (a), (b), and (bm), the department
of
14corrections shall pay, from the appropriation under s.
20.410 (3) 20.437 (4) (hm), (ho).
15or (hr), the costs of care, services, and supplies provided for each person receiving
16services under s. 46.057, 51.35 (3), 938.183, or 938.34 who was under the
17guardianship of the department
of children and families pursuant to an order under
18ch. 48 at the time that the person was adjudicated delinquent.
SB804,47,1021
938.526
(4) (cm)
1. Notwithstanding pars. (a), (b), and (bm), the department
22shall transfer funds from the appropriation under s.
20.410 (3) 20.437 (4) (cg) to the
23appropriations under s.
20.410 (3) 20.437 (4) (hm), (ho), and (hr) for the purpose of
24reimbursing juvenile correctional facilities, secured residential care centers for
25children and youth, alternate care providers, and community supervision providers
1for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of
2age or over who has been placed in a juvenile correctional facility based on a
3delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999
4stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225
5(1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2),
6948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those
7violations, or that is an attempted violation of s. 943.32 (2) and for the care of any
8juvenile 10 years of age or over who has been placed in a juvenile correctional facility
9or secured residential care center for children and youth for attempting or
10committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
SB804,162
11Section
162. 301.26 (4) (cm) 3. of the statutes is renumbered 938.526 (4) (cm)
123.
SB804,163
13Section
163. 301.26 (4) (ct) of the statutes is renumbered 938.526 (4) (ct) and
14amended to read:
SB804,48,215
938.526
(4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52,
1620.002 (11), and 20.903, if there is a deficit in the appropriation account under s.
1720.410 (3) 20.437 (4) (hm) at the close of a fiscal year, any unencumbered balance in
18the appropriation account under s.
20.410 (3) 20.437 (4) (ho) at the close of that fiscal
19year, less the amounts required by s.
20.410 (3)
20.437 (4) (ho) to be remitted to
20counties or transferred to the appropriation account under s.
20.410 (3) 20.437 (4) 21(kx), and any unencumbered balance in the appropriation account under s.
20.410
22(3) 20.437 (4) (hr) at the close of that fiscal year, shall be transferred to the
23appropriation account under s.
20.410 (3) 20.437 (4) (hm), up to the amount that
24when added to other amounts credited to that appropriation account in that fiscal
1year equals the amount shown in the schedule under s. 20.005 (3) for that
2appropriation account for that fiscal year.
SB804,48,93
2. The total amount transferred at the end of a fiscal year under subd. 1. may
4not exceed the amount of the deficit in the appropriation account under s.
20.410 (3) 520.437 (4) (hm) for that fiscal year, and if that deficit is less than the total amount
6of the unencumbered balances available for transfer under subd. 1., the amount
7transferred from the appropriation accounts under s.
20.410 (3) 20.437 (4) (ho) and
8(hr) shall be in proportion to the respective unencumbered balance available for
9transfer from each of those appropriation accounts.
SB804,48,1912
938.526
(4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903,
13there is a deficit in the appropriation account under s.
20.410 (3) 20.437 (4) (hm) at
14the close of a fiscal biennium, the governor shall, to address that deficit, increase
15each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile
16correctional facility and for care for juveniles transferred from a correctional
17institution by $6, in addition to any increase due to actual costs, in the executive
18budget bill for each fiscal biennium, until the deficit under s.
20.410 (3) 20.437 (4) 19(hm) is eliminated.
SB804,165
20Section
165. 301.26 (4) (d) 1. of the statutes is renumbered 938.526 (4) (d) 1.
21and amended to read:
SB804,48,2522
938.526
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
23938.34, all payments and deductions made under this subsection and uniform fee
24collections made under s.
301.03 (18) 49.32 (1) shall be credited to the appropriation
25account under s.
20.410 (3) 20.437 (4) (hm).
SB804,166
1Section
166. 301.26 (4) (d) 1m. of the statutes is renumbered 938.526 (4) (d)
21m. and amended to read:
SB804,49,63
938.526
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under s.
4938.183, all payments and deductions made under this subsection and uniform fee
5collections made under s.
301.03 (18) 49.32 (1) shall be credited to the appropriation
6account under s.
20.410 (3) 20.437 (4) (hm).