SB804,184
3Section
184. 302.386 (1) of the statutes is amended to read:
SB804,53,124
302.386
(1) Except as provided in sub. (5), liability for medical and dental
5services furnished to residents housed in prisons identified in s. 302.01
, in a juvenile
6correctional facility, or in a secured residential care center for children and youth, or
7to forensic patients in state institutions for those services that are not provided by
8employees of the department shall be limited to the amounts payable under ss. 49.43
9to 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department
10may waive any such limit if it determines that needed services cannot be obtained
11for the applicable amount. No provider of services may bill the resident or patient
12for the cost of services exceeding the amount of the liability under this subsection.
SB804,185
13Section
185. 302.386 (2) (intro.) of the statutes is amended to read:
SB804,53,1814
302.386
(2) (intro.) The liability of the state for medical and dental services
15under sub. (1) does not extend to that part of the medical or dental services of a
16resident housed in a prison identified in s. 302.01
, a juvenile correctional facility, or
17a secured residential care center for children and youth, for which any of the
18following applies:
SB804,186
19Section
186. 302.386 (3) (a) of the statutes is amended to read:
SB804,53,2520
302.386
(3) (a) Except as provided in par. (b), the department may require a
21resident housed in a prison identified in s. 302.01
or in a juvenile correctional facility 22who receives medical or dental services to pay a deductible, coinsurance, copayment,
23or similar charge upon the medical or dental service that he or she receives. The
24department shall collect the allowable deductible, coinsurance, copayment, or
25similar charge.
SB804,188
3Section
188. 302.386 (5) (d) of the statutes is repealed.
SB804,189
4Section
189. 303.01 (2) (em) of the statutes is amended to read:
SB804,55,25
303.01
(2) (em) Lease space, with or without equipment, within the precincts
6of state prisons, as specified in s. 302.02,
or within the confines of correctional
7institutions operated by the department for holding in secure custody persons
8adjudged delinquent, to not more than 2 private businesses to employ prison inmates
9and institution residents to manufacture products or components or to provide
10services for sale on the open market. The department shall comply with s. 16.75 in
11selecting businesses under this paragraph. The department may enter into a
12contract under this paragraph only with the approval of the joint committee on
13finance. The department may not enter into or amend a contract under this
14paragraph unless the contract or amendment specifies each state prison
or juvenile
15correctional institution at which the private business will employ inmates
or
16institution residents. The department shall consult with appropriate trade
17organizations and labor unions prior to issuing requests for proposals and prior to
18selecting proposals under this paragraph. Each such private business may conduct
19its operations as a private business, subject to the wage standards under sub. (4), the
20disposition of earnings under sub. (8), the provisions regarding displacement in sub.
21(11), the requirements for notification and hearing under sub. (1) (c), the requirement
22for prison industries board approval under s. 303.015 (1) (b) and the authority of the
23department to maintain security and control in its institutions. The private business
24and its operations are not a prison industry. Inmates employed by the private
1business are not subject to the requirements of inmates participating in prison
2industries, except as provided in this paragraph;
SB804,190
3Section
190. 303.01 (11) (a) 1. of the statutes is amended to read:
SB804,55,104
303.01
(11) (a) 1. "Displace an employee" means to lay off an employee in this
5state as a direct result of work being performed in a state prison
or juvenile
6correctional institution under a prison contract or to permanently transfer an
7employee in this state to another job that reduces the employee's base pay, excluding
8overtime, differentials
, and bonuses, by more than
25% 25 percent as a direct result
9of work being performed in a state prison
or juvenile correctional institution under
10a prison contract.
SB804,191
11Section
191. 701.0503 (2) (intro.) of the statutes is amended to read:
SB804,55,1812
701.0503
(2) Claims for public support. (intro.) Notwithstanding s. 701.0502
13and except as provided in sub. (3), if the settlor is legally obligated to pay for the
14public support of a beneficiary under s. 46.10
, or 49.345
, or 301.12 or the beneficiary
15is legally obligated to pay for the beneficiary's public support or for support furnished
16to the beneficiary's spouse or minor child under s. 46.10
, or 49.345,
or 301.12, upon
17application by the appropriate state department or county official, the court may do
18any of the following:
SB804,192
19Section
192. 767.59 (1f) (b) 4. of the statutes is amended to read:
SB804,55,2520
767.59
(1f) (b) 4. A difference between the amount of child support ordered by
21the court to be paid by the payer and the amount that the payer would have been
22required to pay based on the percentage standard established by the department
23under s. 49.22 (9) if the court did not use the percentage standard in determining the
24child support payments and did not provide the information required under s. 46.10
25(14) (d), 49.345 (14) (d),
301.12 (14) (d), or 767.511 (1n), whichever is appropriate.
SB804,193
1Section
193. 767.59 (2) (c) of the statutes, as affected by 2015 Wisconsin Act
2.... (Senate Bill 387), is amended to read:
SB804,56,73
767.59
(2) (c) If the court revises a judgment or order providing for child support
4that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2),
5938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a) or 938.363 (2), the court
6shall determine child support in the manner provided in s. 49.345 (14)
or 301.12 (14),
7whichever is applicable.
SB804,194
8Section
194. 767.59 (2s) of the statutes is amended to read:
SB804,56,149
767.59
(2s) Stipulation for revision of support. In an action under sub. (1c),
10the court may not approve a stipulation for the revision of a judgment or order with
11respect to an amount of child support or family support unless the stipulation
12provides for payment of an amount of child support or family support that is
13determined in the manner required under s. 46.10 (14), 49.345 (14),
301.12 (14), 14767.511, 767.805 (4), or 767.89, whichever is appropriate.
SB804,195
15Section
195. 859.07 (2) (a) 2. of the statutes is amended to read:
SB804,56,1816
859.07
(2) (a) 2. The decedent was responsible for any obligation owing to the
17state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345,
301.03 (18),
18301.12, or 938.36.
SB804,196
19Section
196. 859.07 (2) (a) 2. of the statutes is amended to read:
SB804,56,2220
859.07
(2) (a) 2. The decedent was responsible for any obligation owing to the
21state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345,
301.03 (18),
22301.12, or 938.36.
SB804,197
23Section
197. 859.15 of the statutes is amended to read:
SB804,57,4
24859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11),
2549.08, 49.195 (1),
and 49.345 (11),
and 301.12 (11), a claim shall not be allowed that
1was barred by any statute of limitations at the time of the decedent's death. A claim
2shall not be barred by statutes of limitation that was not barred at the time of the
3decedent's death if the claim is filed against the decedent's estate in the court on or
4before the deadline for filing a claim under s. 859.01.
SB804,57,107
938.02
(4) "Department" means the department of children and families
,
8except that with respect to a juvenile who is under the supervision of the department
9of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (4),
10"department" means the department of corrections.
SB804,57,1513
938.02
(10r) "Juvenile detention facility" means a locked facility approved by
14the department
of corrections under s.
301.36 938.226 for the secure, temporary
15holding in custody of juveniles.
SB804,58,318
938.02
(12r) "Out-of-home care provider" means a foster parent, guardian,
19relative other than a parent, or nonrelative in whose home a juvenile is placed, or the
20operator of a group home, residential care center for children and youth, or shelter
21care facility in which a juvenile is placed, under the placement and care
22responsibility of the department of children and families
, the department of
23corrections, or a county department. "Out-of-home care provider" also includes, in
24the case of a juvenile placed in a group home, residential care center for children and
25youth, or shelter care facility, a staff member employed on the site of that home,
1center, or facility who has been designated by the operator of that home, center, or
2facility as an out-of-home care provider for purposes of making decisions concerning
3the juvenile's participation in age or developmentally appropriate activities.
SB804,58,106
938.02
(19r) "Type 2 residential care center for children and youth" means a
7residential care center for children and youth that is designated by the department
8of corrections to provide care and maintenance for juveniles who have been placed
9in the residential care center for children and youth under the supervision of a county
10department under s. 938.34 (4d).
SB804,58,2113
938.06
(4) State aid. State aid to any county for juvenile delinquency-related
14court services under this section shall be at the same net effective rate that each
15county is reimbursed for county administration under s. 48.569, except as provided
16in s.
48.526 938.526. Counties having a population of less than 750,000 may use
17funds received under ss. 48.569 (1) (d) and
48.526
938.526, including county or
18federal revenue sharing funds allocated to match funds received under s. 48.569 (1)
19(d), for the cost of providing court attached intake services in amounts not to exceed
2050 percent of the cost of providing court attached intake services or $30,000 per
21county per calendar year, whichever is less.
SB804,59,324
938.069
(1) Duties. (intro.) The staff of the department
of corrections shall
25provide community supervision services for juveniles as provided in s. 938.533.
1Subject to sub. (2), the staff of the department
of corrections, the court, a county
2department, or a licensed child welfare agency designated by the court to carry out
3the objectives of this chapter shall:
SB804,59,86
938.069
(2) Agency approval needed. Licensed child welfare agencies and the
7department
of corrections shall provide services under this section only upon the
8approval of the agency from whom services are requested.
SB804,59,1611
938.08
(3) (a) (intro.) In addition to the law enforcement authority under sub.
12(2), personnel of the department
of corrections designated by
that the department
13and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated
14by agreement between the agency and the department
of corrections have the power
15of law enforcement authorities to take a juvenile into physical custody under the
16following conditions:
SB804,60,219
938.205
(1) (c) That the juvenile will run away or be taken away so as to be
20unavailable for proceedings of the court or its officers, proceedings of the division of
21hearings and appeals in the department of administration for revocation of
22community supervision or aftercare supervision, or action by the department
of
23corrections or county department relating to a violation of a condition of the juvenile's
24placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
1for children and youth or a condition of the juvenile's participation in the intensive
2supervision program under s. 938.534.
SB804,60,175
938.208
(1) Delinquent act and risk of harm or running away. (intro.)
6Probable cause exists to believe that the juvenile has committed a delinquent act and
7either presents a substantial risk of physical harm to another person or a substantial
8risk of running away so as to be unavailable for a court hearing, a revocation of
9community supervision or aftercare supervision hearing, or action by the
10department
of corrections or county department relating to a violation of a condition
11of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
12residential care center for children and youth or a condition of the juvenile's
13participation in the intensive supervision program under s. 938.534. For juveniles
14who have been adjudged delinquent, the delinquent act referred to in this section
15may be the act for which the juvenile was adjudged delinquent. If the intake worker
16determines that any of the following conditions applies, the juvenile is considered to
17present a substantial risk of physical harm to another person:
SB804,60,2220
938.209
(1) (a) (intro.) No other juvenile detention facility approved by the
21department
of corrections or a county is available and all of the following conditions
22are met:
SB804,61,2
1938.209
(1) (a) 1. The jail meets the standards for juvenile detention facilities
2established by the department
of corrections.
SB804,61,95
938.209
(2m) (b) The department
of corrections shall promulgate rules
6establishing minimum requirements for the approval of a municipal lockup facility
7as a suitable place for holding juveniles in custody and for the operation of such a
8facility. The rules shall be designed to protect the health, safety, and welfare of the
9juveniles held in those facilities.
SB804,211
10Section
211. 938.22 (1) (a) of the statutes is amended to read:
SB804,61,2111
938.22
(1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a
12county may establish a juvenile detention facility in accordance with ss.
301.36 and
13301.37 938.226 and 938.227 or the county boards of supervisors for 2 or more counties
14may jointly establish a juvenile detention facility in accordance with ss. 46.20,
15301.36, and 301.37 938.226, and 938.227. The county board of supervisors of a county
16may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the
17county boards of supervisors for 2 or more counties may jointly establish a shelter
18care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may
19establish a juvenile detention facility in accordance with ss.
301.36 and 301.37 20938.226 and 938.227 and contract with one or more county boards of supervisors
21under s. 938.222 to hold juveniles in the private juvenile detention facility.
SB804,212
22Section
212. 938.22 (2) (a) of the statutes is amended to read:
SB804,62,823
938.22
(2) (a) Counties shall submit plans for a
shelter care facility, juvenile
24detention facility
, or juvenile portion of the county jail to the department
of
25corrections and submit plans for a shelter care facility to the department of children
1and families. A private entity that proposes to establish a juvenile detention facility
2shall submit plans for the facility to the department
of corrections. The
applicable 3department shall review the submitted plans. A county or a private entity may not
4implement a plan unless the
applicable department has approved the plan. The
5department
of corrections shall promulgate rules establishing minimum
6requirements for the approval and operation of juvenile detention facilities and the
7juvenile portion of county jails. The plans and rules shall be designed to protect the
8health, safety, and welfare of the juveniles placed in those facilities.
SB804,62,1811
938.22
(2) (b) If the department
of corrections approves, a juvenile detention
12facility or a holdover room may be located in a public building in which there is a jail
13or other facility for the detention of adults if the juvenile detention facility or
14holdover room is physically segregated from the jail or other facility so that juveniles
15may enter the juvenile detention facility or holdover room without passing through
16areas where adults are confined and juveniles detained in the juvenile detention
17facility or holdover room cannot communicate with or view adults confined in the jail
18or other facility.
SB804,62,2521
938.222
(2) (a) 1. That the private juvenile detention facility meet or exceed the
22minimum requirements for the approval and operation of a juvenile detention
23facility established by the department
of corrections by rule under s. 938.22 (2) (a)
24and that the private juvenile detention facility be approved by the department under
25s.
301.36 938.226.
SB804,63,53
938.222
(2) (b) 3. An agreement that the private juvenile detention facility is
4subject to investigation and inspection by the department
of corrections under s.
5301.36 938.226.
SB804,63,108
938.222
(2) (b) 4. Any other matters that are necessary and appropriate
9concerning the obligations, responsibilities, and rights of the contracting counties
10and the department
of corrections.
SB804,63,1713
938.223
(2) (a) 1. That the Minnesota juvenile detention facility meet or exceed
14the minimum requirements for the approval and operation of a Wisconsin juvenile
15detention facility established by the department
of corrections by rule under s.
16938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the
17department under s.
301.36 938.226.
SB804,63,2220
938.223
(2) (b) 3. An agreement that the Minnesota juvenile detention facility
21is subject to investigation and inspection by the department
of corrections under s.
22301.36 938.226.
SB804,64,3
1938.223
(2) (b) 4. Any other matters that are necessary and appropriate
2concerning the obligations, responsibilities, and rights of the contracting counties
3and the department
of corrections.
SB804,64,116
938.224
(1) Uses of facilities. The county board of supervisors of a county may
7contract with the department
of corrections for the use of a juvenile correctional
8facility operated by
that the department for the holding of juveniles who meet the
9criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject
10to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355
11(6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
SB804,64,1614
938.224
(2) (a) 1. There is no county-operated juvenile detention facility
15approved by the department
of corrections within 40 miles of the county seat of the
16county.
SB804,64,2119
938.224
(2) (a) 2. There is no bed space available in a county-operated juvenile
20detention facility approved by the department
of corrections within 40 miles of the
21county seat of the county.
SB804,65,224
938.224
(2) (b) That the county may use a juvenile correctional facility for
25holding a juvenile under sub. (1) only if the department
of corrections approves that
1use based on the availability of beds in the juvenile correctional facility and on the
2programming needs of the juvenile.
SB804,65,85
938.224
(3) (a) The per person daily rate to be paid by the county for holding
6a juvenile under sub. (1) and the charges to be paid by the county for any
7extraordinary medical and dental expenses and any programming provided for the
8juvenile by the department
of corrections.
SB804,65,1311
938.224
(3) (b) Any other matters that are necessary and appropriate
12concerning the obligations, responsibilities, and rights of the contracting county and
13the department
of corrections.
SB804,65,1816
938.224
(4) Supervision and control of juveniles. A juvenile held in custody
17under sub. (1) is under the supervision and control of the department
of corrections 18and is subject to the rules and discipline of
that
the department.
SB804,65,25
21938.225 Statewide plan for juvenile detention facilities. The department
22of corrections shall assist counties in establishing juvenile detention facilities under
23s. 938.22 by developing and promulgating a statewide plan for the establishment and
24maintenance of suitable juvenile detention facilities reasonably accessible to each
25court.
SB804,228
1Section
228. 938.226 of the statutes is created to read:
SB804,66,6
2938.226 Secure juvenile facilities; general supervision and inspection
3by department. (1) Generally. The department shall investigate and supervise
4all juvenile correctional facilities, all secured residential care centers for children
5and youth, and all juvenile detention facilities and familiarize itself with all the
6circumstances affecting their management and usefulness.
SB804,66,14
7(2) Inspections. The department shall inquire into the methods of treatment,
8instruction, government, and management of children placed in the facilities
9specified in sub. (1); the conduct of the trustees, managers, directors,
10superintendents, and other officers and employees of those facilities; the condition
11of the buildings, grounds, and all other property pertaining to those facilities; and
12all other matters pertaining to the usefulness and management of those facilities;
13and recommend to the officers in charge such changes and additional provisions as
14the department considers proper.