SB378: Bill Text

SB378,117 Section 117. 49.35 (2) of the statutes is amended to read:

SB378,32,23 49.35 (2) The county administration of all laws relating to programs under this subchapter and ch. chs. 48 and to community-based juvenile delinquency-related programs under ch. 938 shall be vested in the officers and agencies designated in the statutes.

SB378,118 Section 118. 49.45 (6m) (br) 1. of the statutes is amended to read:

SB378,33,7 49.45 (6m) (br) 1. Notwithstanding s. 20.435 (7) (b) or 20.437 (1) (cj) or (2) (dz) or (4) (cj), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (7) (b), or the department shall direct the department of children and families to reduce allocations of funds to counties or Wisconsin Works agencies in the amount of the disallowance from the appropriation account under s. 20.437 (1) (cj) or (2) (dz) or (4) (cj), in accordance with s. 16.544 to the extent applicable.

SB378,119 Section 119. 49.45 (25) (bj) of the statutes is amended to read:

SB378,33,16 49.45 (25) (bj) The department of corrections children and families may elect to provide case management services under this subsection to persons who are under the supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under s. 20.410 (3) 20.437 (4) (hm), (ho), or (hr).

SB378,120 Section 120. 49.855 (2p) of the statutes is repealed.

SB378,121 Section 121. 49.855 (3) of the statutes is amended to read:

SB378,34,16 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), or 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

SB378,122 Section 122. 49.855 (4m) (b) of the statutes is amended to read:

SB378,35,21 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), or 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

SB378,123 Section 123. 59.24 of the statutes is amended to read:

SB378,36,15 59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county that is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If Claims for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01 shall be filed with the department of corrections and, if the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or. Claims for reimbursement of expenses involving a juvenile in a juvenile correctional facility, as defined in s. 938.02 (10p), shall be filed with the department of children and families and, if the claims are approved by the department of children and families, they shall be certified to the department of administration and paid from the appropriation under s. 20.410 (3) 20.437 (4) (c), if the claim is for reimbursement of expenses involving a juvenile in a juvenile correctional facility, as defined in s. 938.02 (10p).

SB378,124 Section 124. 102.27 (2) (a) of the statutes is amended to read:

SB378,36,18 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).

SB378,125 Section 125. 230.08 (2) (e) 2m. of the statutes is amended to read:

SB378,36,20 230.08 (2) (e) 2m. Children and families — 9 10.

SB378,126 Section 126. 230.08 (2) (e) 3e. of the statutes is amended to read:

SB378,36,22 230.08 (2) (e) 3e. Corrections — 7 6.

SB378,127 Section 127. 301.001 of the statutes is amended to read:

SB378,37,5 301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on their its causes; to provide a just, humane, and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.

SB378,128 Section 128. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB378,129 Section 129. 301.01 (4) of the statutes is amended to read:

SB378,37,10 301.01 (4) “State correctional institution" means a state prison under s. 302.01 or a juvenile correctional facility operated by the department.

SB378,130 Section 130. 301.025 of the statutes, as affected by 2015 Wisconsin Act 55, section 4224, is renumbered 938.524 and amended to read:

SB378,37,17 938.524 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538, and youth aids under s. 938.526.

SB378,131 Section 131. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act 55, section 4227b, is amended to read:

SB378,38,2 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g).

SB378,132 Section 132. 301.03 (10) (a) of the statutes is renumbered 938.485 (10) (a).

SB378,133 Section 133. 301.03 (10) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.485 (10) (b).

SB378,134 Section 134. 301.03 (10) (c) of the statutes is renumbered 938.485 (10) (c) and amended to read:

SB378,38,18 938.485 (10) (c) Promote the enforcement of laws for the protection of delinquent juveniles under its jurisdiction. To this end, the department shall cooperate with the courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 this chapter in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.

SB378,135 Section 135. 301.03 (10) (d) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.485 (10) (d).

SB378,136 Section 136. 301.03 (10) (e) of the statutes is renumbered 938.485 (10) (e).

SB378,137 Section 137. 301.03 (10) (f) of the statutes is renumbered 938.485 (10) (f).

SB378,138 Section 138. 301.03 (10) (g) of the statutes is renumbered 938.485 (10) (g) and amended to read:

SB378,39,5 938.485 (10) (g) Keep statistics, by race, age, and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).

SB378,139 Section 139. 301.03 (18) of the statutes is repealed.

SB378,140 Section 140. 301.031 of the statutes is repealed.

SB378,141 Section 141. 301.032 of the statutes is repealed.

SB378,142 Section 142. 301.035 (2) of the statutes is amended to read:

SB378,39,12 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, and 975.10 (2) and ch. 304.

SB378,143 Section 143. 301.035 (4) of the statutes is amended to read:

SB378,39,17 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2), and 975.10 (2) and ch. 304.

SB378,144 Section 144. 301.06 of the statutes is repealed.

SB378,145 Section 145. 301.07 of the statutes is amended to read:

SB378,39,23 301.07 Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and juvenile correctional services and may enter into contracts with the federal government under 18 USC 5003.

SB378,146 Section 146. 301.08 (1) (b) 3. of the statutes is renumbered 938.485 (18) (b) and amended to read:

SB378,40,12 938.485 (18) (b) Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of juvenile correctional facilities, residential care centers for children and youth, as defined in s. 938.02 (15d), and secured residential care centers for children and youth for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m). The department may designate juvenile correctional facility, residential care center for children and youth, or a secured residential care center for children and youth contracted for under this subdivision paragraph as a Type 2 juvenile correctional facility, as defined in s. 938.02 (20), and may designate a residential care center for children and youth or secured residential care center for children and youth contracted for under this subdivision as a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r).

SB378,147 Section 147. 301.08 (2) (a) of the statutes is amended to read:

SB378,40,21 301.08 (2) (a) All care and services purchased by the department and all juvenile correctional services purchased by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75.

SB378,148 Section 148. 301.08 (2) (d) 5. of the statutes is repealed.

SB378,149 Section 149. 301.085 (2) of the statutes is repealed.

SB378,150 Section 150. 301.085 (4) of the statutes is repealed.

SB378,151 Section 151. 301.12 of the statutes is repealed.

SB378,152 Section 152. 301.20 of the statutes is renumbered 938.522.

SB378,153 Section 153. 301.205 of the statutes is renumbered 938.485 (19) and amended to read:

SB378,41,8 938.485 (19) Reimbursement to visiting families. The department may reimburse Reimburse families visiting girls at a juvenile correctional facility. If the department decides to provide the reimbursement, the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

SB378,154 Section 154. 301.26 (title) of the statutes is repealed.

SB378,155 Section 155. 301.26 (1) of the statutes is repealed.

SB378,156 Section 156. 301.26 (4) (title) of the statutes is renumbered 938.526 (4) (title).

SB378,157 Section 157. 301.26 (4) (a) of the statutes is renumbered 938.526 (4) (a) and amended to read:

SB378,42,2 938.526 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties, or the department of children and families shall deduct from the allocations under s. 20.437 (1) (4) (cj), for the costs of care, services, and supplies purchased or provided by the department of corrections of children and families for each person receiving services under s. 938.183 or 938.34 or the department of health services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county, and the department of children and families may not or deduct from a county's allocation, for the cost of care, services, and supplies provided to a person subject to an order under s. 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within those 60 days, the department of children and families may withhold aid payments in the amount due from the appropriation under s. 20.437 (1) (4) (cj).

SB378,158 Section 158. 301.26 (4) (b) of the statutes is renumbered 938.526 (4) (b) and amended to read:

SB378,42,19 938.526 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to the county departments under s. 46.215, 46.22, or 46.23 department in the county of the court exercising jurisdiction under ch. 938 for each person receiving services from the department of corrections children and families under s. 938.183 or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under s. 48.526 sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections children and families under ss. 938.183 and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

SB378,159 Section 159. 301.26 (4) (bm) of the statutes is renumbered 938.526 (4) (bm) and amended to read:

SB378,43,4 938.526 (4) (bm) Notwithstanding par. (b), the county department under s. 46.215, 46.22, or 46.23 of the county of residency of a juvenile who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under par. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under par. (b).

SB378,160 Section 160. 301.26 (4) (c) of the statutes is renumbered 938.526 (4) (c) and amended to read:

SB378,43,12 938.526 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) 20.437 (4) (hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under s. 46.057, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB378,161 Section 161. 301.26 (4) (cm) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (cm) 1. and amended to read:

SB378,44,4 938.526 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) 20.437 (4) (cg) to the appropriations under s. 20.410 (3) 20.437 (4) (hm), (ho), and (hr) for the purpose of reimbursing juvenile correctional facilities, secured residential care centers for children and youth, alternate care providers, and community supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an attempted violation of s. 943.32 (2) and for the care of any juvenile 10 years of age or over who has been placed in a juvenile correctional facility or secured residential care center for children and youth for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB378,162 Section 162. 301.26 (4) (cm) 3. of the statutes is renumbered 938.526 (4) (cm) 3.

SB378,163 Section 163. 301.26 (4) (ct) of the statutes is renumbered 938.526 (4) (ct) and amended to read:

SB378,44,20 938.526 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) 20.437 (4) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) 20.437 (4) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) 20.437 (4) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) 20.437 (4) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) 20.437 (4) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

SB378,45,2 2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) 20.437 (4) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

SB378,164 Section 164. 301.26 (4) (cx) of the statutes is renumbered 938.526 (4) (cx) and amended to read:

SB378,45,12 938.526 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) 20.437 (4) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) 20.437 (4) (hm) is eliminated.

SB378,165 Section 165. 301.26 (4) (d) 1. of the statutes is renumbered 938.526 (4) (d) 1. and amended to read:

SB378,45,18 938.526 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,166 Section 166. 301.26 (4) (d) 1m. of the statutes is renumbered 938.526 (4) (d) 1m. and amended to read:

SB378,45,24 938.526 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. 938.183, all payments and deductions made under this subsection and uniform fee collections made under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,167 Section 167. 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act 55, section 4270, is renumbered 938.526 (4) (d) 2. and amended to read:

SB378,46,6 938.526 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the per person daily cost assessment to counties shall be $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB378,168 Section 168. 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act 55, section 4272, is renumbered 938.526 (4) (d) 3. and amended to read:

SB378,46,12 938.526 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the per person daily cost assessment to counties shall be $292 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $292 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB378,169 Section 169. 301.26 (4) (d) 4. of the statutes is renumbered 938.526 (4) (d) 4. and amended to read:

SB378,46,18 938.526 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

SB378,170 Section 170. 301.26 (4) (d) 5. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (d) 5.

SB378,171 Section 171. 301.26 (4) (dt) of the statutes is renumbered 938.526 (4) (dt) and amended to read: