SB378: Bill Text

SB378,13 Section 13. 20.410 (3) (gg) of the statutes is repealed.

SB378,14 Section 14. 20.410 (3) (hm) of the statutes is renumbered 20.437 (4) (hm) and amended to read:

SB378,8,2 20.437 (4) (hm) Juvenile correctional services. The amounts in the schedule for juvenile correctional services specified in ss. 49.45 (25) (bj) and 301.26 938.526 (4) (c) and (d). All moneys received from the sale of surplus property, including vehicles, from juvenile correctional institutions operated by the department, all moneys received as payments in restitution of property damaged at juvenile correctional institutions operated by the department, all moneys received from miscellaneous services provided at a juvenile correctional institution operated by the department, all moneys transferred under s. 301.26 938.526 (4) (cm), all moneys transferred under s. 301.26 938.526 (4) (ct), and, except as otherwise provided in pars. (ho) and (hr), all moneys received in payment for juvenile correctional services as specified in s. 301.26 938.526 (4) (d), (dt), and (g) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 938.526 (4) (d) exceed actual fiscal year institutional costs by more than 2% 2 percent, all moneys in excess of 2% 2 percent shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at juvenile correctional institutions including the Mendota Juvenile Treatment Center. Counties shall use the funds for purposes specified in s. 301.26 938.526. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB378,15 Section 15. 20.410 (3) (ho) of the statutes is renumbered 20.437 (4) (ho) and amended to read:

SB378,8,22 20.437 (4) (ho) Juvenile alternate care services. The amounts in the schedule for providing alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 49.45 (25) (bj), 301.26 938.526 (4) (c), 938.48 (4) 938.485 (8) and (14), and 938.52. All moneys transferred under s. 301.26 938.526 (4) (cm) and all moneys received in payment for providing alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) 938.485 (8) and (14), and 938.52 as specified in s. 301.26 938.526 (4) (d), (e), and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 938.526 (4) (d) exceed actual fiscal year alternate care costs, that excess shall be transferred to the appropriation account under par. (hm) as provided in s. 301.26 938.526 (4) (ct), except that, if those moneys generated exceed those costs by more than 2 percent, all moneys in excess of that 2 percent shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in alternate care. Counties shall use the funds for purposes specified in s. 301.26 938.526. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB378,16 Section 16. 20.410 (3) (hr) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.437 (4) (hr) and amended to read:

SB378,9,8 20.437 (4) (hr) Juvenile community supervision services. The amounts in the schedule for the community supervision services specified in ss. 49.45 (25) (bj) and 301.26 938.526 (4) (c) and (eg). All moneys received in payment for those services as specified in s. 301.26 938.526 (4) (d) and (eg), and all moneys transferred under s. 301.26 938.526 (4) (cm), shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 938.526 (4) (d) exceed actual fiscal year community supervision services costs, that excess shall be transferred to the appropriation account under par. (hm) as provided in s. 301.26 938.526 (4) (ct).

SB378,17 Section 17. 20.410 (3) (i) of the statutes is renumbered 20.437 (4) (i).

SB378,18 Section 18. 20.410 (3) (jr) of the statutes is renumbered 20.437 (4) (jr).

SB378,19 Section 19. 20.410 (3) (jv) of the statutes is renumbered 20.437 (4) (jv).

SB378,20 Section 20. 20.410 (3) (kx) of the statutes is renumbered 20.437 (4) (kx).

SB378,21 Section 21. 20.410 (3) (ky) of the statutes is renumbered 20.437 (4) (ky).

SB378,22 Section 22. 20.410 (3) (kz) of the statutes is renumbered 20.437 (4) (kz).

SB378,23 Section 23. 20.410 (3) (m) of the statutes is renumbered 20.437 (4) (m).

SB378,24 Section 24. 20.410 (3) (n) of the statutes is renumbered 20.437 (4) (n).

SB378,25 Section 25. 20.410 (3) (q) of the statutes is renumbered 20.437 (4) (q).

SB378,26 Section 26. 20.437 (1) (cj) of the statutes is renumbered 20.437 (4) (cj) and amended to read:

SB378,9,25 20.437 (4) (cj) Community youth and family aids. The amounts in the schedule for the improvement and provision of community-based juvenile delinquency-related services under s. 48.526 and juvenile correctional services under s. 301.26 938.526 and for reimbursement to counties having a population of less than 750,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 49.32 (2). Refunds received relating to payments made under s. 49.32 (2) shall be returned to this appropriation account. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer moneys under this paragraph between fiscal years. Except for moneys authorized for transfer under s. 48.526 938.526 (3), all moneys from this paragraph allocated under s. 48.526 938.526 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

SB378,27 Section 27. 20.437 (1) (cm) of the statutes is renumbered 20.437 (4) (cm) and amended to read:

SB378,10,12 20.437 (4) (cm) Community intervention program. The amounts in the schedule for the community intervention program under s. 48.528 938.528.

SB378,28 Section 28. 20.437 (1) (kp) of the statutes is renumbered 20.437 (4) (kp).

SB378,29 Section 29. 20.437 (1) (kz) of the statutes is amended to read:

SB378,10,23 20.437 (1) (kz) Interagency and intra-agency aids; tribal placements and guardianships. The amounts in the schedule to be used for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which par. sub. (4) (kp) applies, and for subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by tribal courts. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 21. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under section 20.505 (8) (hm).

SB378,30 Section 30. 20.437 (1) (o) of the statutes is amended to read:

SB378,11,8 20.437 (1) (o) Federal aid; children, youth, and family aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under pars. par. (b) and (cj) and all federal moneys received as child welfare funds under 42 USC 620 to 626 for the provision or purchase of child welfare projects and services. Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SB378,31 Section 31. 20.437 (3) of the statutes is renumbered 20.437 (5).

SB378,32 Section 32. 20.437 (4) (o) of the statutes is created to read:

SB378,11,16 20.437 (4) (o) Federal aid; community youth and family aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (cj). Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SB378,33 Section 33. 20.505 (8) (hm) 21d. of the statutes is amended to read:

SB378,11,19 20.505 (8) (hm) 21d. The amount transferred to s. 20.437 (1) (4) (kp) shall be the amount in the schedule under s. 20.437 (1) (4) (kp).

SB378,34 Section 34. 20.866 (1) (u) of the statutes is amended to read:

SB378,12,8 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1) (c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e), 20.255 (1) (d), 20.285 (1) (d), (je), and (gj), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs), (ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko) and (3) (e), 20.435 (2) (ee), 20.437 (4) (e), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a), and 20.867 (1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL), (bm), (bn), (bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (g), (h), (i), (kd), and (q) for the payment of principal, interest, premium due, if any, and payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.

SB378,35 Section 35. 20.921 (2) (a) of the statutes is amended to read:

SB378,12,17 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 to make deductions from the salaries of state officers or employees or employees of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employees are employed is responsible for making those deductions and paying over the total of those deductions for the purposes provided by the laws or orders under which they were made.

SB378,36 Section 36. 46.011 (1c) of the statutes is repealed.

SB378,37 Section 37. 46.011 (1p) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB378,38 Section 38. 46.03 (18) (a) of the statutes is amended to read:

SB378,13,6 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased by the department, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. chs. 48 and 938 and subch. III of ch. 49; community-based juvenile delinquency-related services; juvenile correctional services; services provided to courts; and outreach, information, and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees that it collects under this program to cover the cost of those services.

SB378,39 Section 39. 46.057 (1) of the statutes is amended to read:

SB378,14,2 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1) 938.226 (1) and 938.485, the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections children and families may transfer to the center any juvenile who has been placed in a juvenile correctional facility under the supervision of the department of corrections children and families under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4) or (5) (e) in the same manner that the department of corrections children and families transfers juveniles between other juvenile correctional facilities.

SB378,40 Section 40. 46.057 (2) of the statutes is amended to read:

SB378,14,12 46.057 (2) From the appropriation account under s. 20.410 (3) 20.437 (4) (ba), the department of corrections children and families shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) 20.437 (4) (hm), the department of corrections children and families shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,929,200 in fiscal year 2015-16 and $2,997,600 in fiscal year 2016-17, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections children and families not more than the actual cost of providing those services.

SB378,41 Section 41. 46.20 (3) of the statutes is amended to read:

SB378,14,21 46.20 (3) Upon approval of the site, plans and specifications, as provided in ss. 46.17 and, 301.37, and 938.227 as to other institutions, the joint committee shall report to the several county boards the estimated cost of the site and buildings, and the amount thereof chargeable to each county on the basis set forth in sub. (6) (a), appending to each report a copy of the plans and specifications and all matter relating to the site and buildings. If the report is approved by each county board, the joint committee shall purchase the site and cause the buildings to be erected in accordance with the plans and specifications.

SB378,42 Section 42. 46.206 (1) (a) of the statutes is amended to read:

SB378,15,6 46.206 (1) (a) The department shall supervise the administration of social services, except for social services provided under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of social services, except for social services provided under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

SB378,43 Section 43. 46.21 (2) (j) of the statutes is amended to read:

SB378,15,19 46.21 (2) (j) May exercise approval or disapproval power over contracts and purchases of the director that are for $50,000 or more, except that the county board of supervisors may not exercise approval or disapproval power over any personal service contract or over any contract or purchase of the director that relates to community living arrangements, adult family homes, or foster homes and that was entered into pursuant to a contract under s. 46.031 (2g) or 301.031 49.325 (2g), regardless of whether the contract mentions the provider, except as provided in par. (m). The county board of supervisors may not exercise approval or disapproval power over any contract relating to mental health or mental health institutions, programs, or services. This paragraph does not preclude the county board of supervisors from creating a central purchasing department for all county purchases that are not related to mental health.

SB378,44 Section 44. 46.21 (5) (b) of the statutes is amended to read:

SB378,15,22 46.21 (5) (b) Sections 46.10, 49.08, 49.345, and 49.90, and 301.12 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).

SB378,45 Section 45. 46.215 (1) (d) of the statutes is amended to read:

SB378,16,3 46.215 (1) (d) To make investigations that relate to services under subchs. IV and V of ch. 49 upon request by the department of health services and to make investigations that relate to programs under ch. chs. 48 and 938 and subch. III of ch. 49 or to community-based juvenile delinquency-related services upon request by the department of children and families.

SB378,46 Section 46. 46.215 (2) (a) 1. of the statutes is amended to read:

SB378,16,15 46.215 (2) (a) 1. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of health services, with public or voluntary agencies or others to purchase, in full or in part, care and services, except as provided under subch. III of ch. 49 and s. 301.08 (2) and except for community-based juvenile delinquency-related services, that the county department of social services is authorized by any statute to furnish in any manner. That care and those services may be purchased from the department of health services if the department of health services has staff to furnish that care and those services. If the county department of social services has adequate staff, it may sell that care and those services directly to another county or state agency.

SB378,47 Section 47. 46.215 (2) (a) 2. of the statutes is amended to read:

SB378,17,2 46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of children and families, with public or voluntary agencies, or others to purchase, in full or in part, care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and community-based juvenile delinquency-related services that the county department of social services is authorized to furnish. That care and those services may be purchased from the department of children and families if the department of children and families has staff to furnish that care and those services. If the county department of social services has adequate staff, it may sell that care and those services directly to another county or state agency.

SB378,48 Section 48. 46.215 (2) (a) 3. of the statutes is repealed.

SB378,49 Section 49. 46.215 (2) (c) 1. of the statutes is amended to read:

SB378,17,16 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for the purchase of care and services, except for care and services under subch. III of ch. 49 or s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in a contract under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o), as appropriate, under s. 46.495.

SB378,50 Section 50. 46.215 (2) (c) 2. of the statutes is amended to read:

SB378,18,2 46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for those purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in a contract under review by the committee.

SB378,51 Section 51. 46.215 (2) (c) 3. of the statutes is repealed.

SB378,52 Section 52. 46.215 (3) of the statutes is amended to read:

SB378,18,8 46.215 (3) Program budgets. The county department of social services shall submit a final budget to the department of health services under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the department of children and families under s. 49.325 (1), for authorized services.

SB378,53 Section 53. 46.22 (1) (b) 1. b. of the statutes is amended to read:

SB378,18,13 46.22 (1) (b) 1. b. To make investigations that relate to welfare services, except for welfare services provided under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, upon request by the department of health services.

SB378,54 Section 54. 46.22 (1) (b) 2. a. of the statutes is amended to read:

SB378,18,16 46.22 (1) (b) 2. a. To administer community-based juvenile delinquency-related services under s. 48.526 938.526.

SB378,55 Section 55. 46.22 (1) (b) 2. c. of the statutes is amended to read:

SB378,18,21 46.22 (1) (b) 2. c. To make investigations as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and investigations relating to community-based juvenile delinquency-related services upon request by the department of children and families.

SB378,56 Section 56. 46.22 (1) (b) 5m. a. of the statutes is amended to read:

SB378,18,24 46.22 (1) (b) 5m. a. To purchase juvenile correctional delinquency-related services under s. 301.26 938.526.

SB378,57 Section 57. 46.22 (1) (b) 5m. d. of the statutes is repealed.

SB378,58 Section 58. 46.22 (1) (e) 3. a. of the statutes is amended to read:

SB378,19,13 46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for the purchase of care and services, except for care and services provided under ch. chs. 48, and 938 and subch. III of ch. 49, and s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.

SB378,59 Section 59. 46.22 (1) (e) 3. b. of the statutes is amended to read:

SB378,19,24 46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in the contract that is under review by the committee.

SB378,60 Section 60. 46.22 (1) (e) 3. c. of the statutes is repealed.

SB378,61 Section 61. 46.22 (2g) (d) 2. of the statutes is amended to read:

SB378,20,5 46.22 (2g) (d) 2. A final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. chs. 48, and 938 and subch. III of ch. 49, or s. 301.08 (2) and authorized community-based juvenile delinquency-related services.

SB378,62 Section 62. 46.22 (2g) (d) 3. of the statutes is amended to read:

SB378,20,10 46.22 (2g) (d) 3. A final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and authorized community-based juvenile delinquency-related services.

SB378,63 Section 63. 46.22 (2g) (d) 4. of the statutes is repealed.

SB378,64 Section 64. 46.23 (5) (a) 1. of the statutes is amended to read:

SB378,20,22 46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and except for policies relating to community-based juvenile delinquency-related services or to the purchase of juvenile correctional services, within limits established by the department of health services. Policy decisions, except as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and except for policy decisions relating to community-based juvenile delinquency-related services or to the purchase of juvenile correctional services, that are not reserved by statute for the department of health services may be delegated by the secretary to the county human services board.

SB378,65 Section 65. 46.23 (5) (a) 2. of the statutes is amended to read:

SB378,21,6 46.23 (5) (a) 2. Shall determine administrative and program policies under ch. chs. 48 and 938 and subch. III of ch. 49 and administrative and program policies relating to community-based juvenile delinquency-related services within limits established by the department of children and families. Policy decisions under ch. chs. 48 and 938 and subch. III of ch. 49 and policy decisions relating to community-based juvenile delinquency-related services that are not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.

SB378,66 Section 66. 46.23 (5) (a) 3. of the statutes is repealed.

SB378,67 Section 67. 46.23 (5) (c) 1. of the statutes is amended to read: