SB378: Bill Text

SB378,174 Section 174. 301.26 (4) (eg) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (eg) and amended to read:

SB378,47,19 938.526 (4) (eg) For community supervision services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hr).

SB378,175 Section 175. 301.26 (4) (f) of the statutes is renumbered 938.526 (4) (f).

SB378,176 Section 176. 301.26 (4) (g) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.526 (4) (g) and amended to read:

SB378,48,2 938.526 (4) (g) For juvenile institutional services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) 49.32 (1) shall be credited to the appropriation account under s. 20.410 (3) 20.437 (4) (hm).

SB378,177 Section 177. 301.27 (1) of the statutes is amended to read:

SB378,48,12 301.27 (1) Charges. In compliance with the compensation plan established under s. 230.12 (3), the department may make and determine charges for meals, living quarters, laundry, and other services furnished to employees of the state correctional institutions and members of the employee's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.410 (1) (a) and (3) (a) and (hm). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% 20 percent of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.

SB378,178 Section 178. 301.335 of the statutes is renumbered 938.54 (2) and amended to read:

SB378,48,20 938.54 (2) Treatment records. Section 51.30 applies to treatment records, as defined in s. 51.30 (1) (b), maintained by the department of corrections in regard to children juveniles who have been adjudged delinquent. The department has the same authority, including rule-making authority, with regard to treatment records maintained by the department that is granted to the department of health services under s. 51.30.

SB378,179 Section 179. 301.35 (2) (e) of the statutes is repealed.

SB378,180 Section 180. 301.36 (1) of the statutes is amended to read:

SB378,49,2 301.36 (1) General authority. The department shall investigate and supervise all of the state prisons under s. 302.01, all juvenile correctional facilities, all secured residential care centers for children and youth, and all juvenile detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

SB378,181 Section 181. 301.37 (1) of the statutes is amended to read:

SB378,49,11 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities, as defined in s. 302.30, work camps under s. 303.10, and Huber facilities under s. 303.09, and, after consulting with the department of children and families, all juvenile detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB378,182 Section 182. 301.37 (5) of the statutes is renumbered 938.227 (4).

SB378,183 Section 183. 302.31 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB378,49,20 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department of children and families under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

SB378,184 Section 184. 302.386 (1) of the statutes is amended to read:

SB378,50,5 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

SB378,185 Section 185. 302.386 (2) (intro.) of the statutes is amended to read:

SB378,50,11 302.386 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a juvenile correctional facility, or a secured residential care center for children and youth, for which any of the following applies:

SB378,186 Section 186. 302.386 (3) (a) of the statutes is amended to read:

SB378,50,18 302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a juvenile correctional facility who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.

SB378,187 Section 187. 302.386 (5) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

SB378,188 Section 188. 302.386 (5) (d) of the statutes is repealed.

SB378,189 Section 189. 303.01 (2) (em) of the statutes is amended to read:

SB378,51,19 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 2 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the provisions regarding displacement in sub. (11), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

SB378,190 Section 190. 303.01 (11) (a) 1. of the statutes is amended to read:

SB378,52,2 303.01 (11) (a) 1. “Displace an employee" means to lay off an employee in this state as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract or to permanently transfer an employee in this state to another job that reduces the employee's base pay, excluding overtime, differentials, and bonuses, by more than 25% 25 percent as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract.

SB378,191 Section 191. 701.0503 (2) (intro.) of the statutes is amended to read:

SB378,52,10 701.0503 (2) Claims for public support. (intro.) Notwithstanding s. 701.0502 and except as provided in sub. (3), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10, or 49.345, or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or for support furnished to the beneficiary's spouse or minor child under s. 46.10, or 49.345, or 301.12, upon application by the appropriate state department or county official, the court may do any of the following:

SB378,192 Section 192. 767.59 (1f) (b) 4. of the statutes is amended to read:

SB378,52,17 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB378,193 Section 193. 767.59 (2) (c) of the statutes is amended to read:

SB378,52,23 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable.

SB378,194 Section 194. 767.59 (2s) of the statutes is amended to read:

SB378,53,6 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14), 767.511, 767.805 (4), or 767.89, whichever is appropriate.

SB378,195 Section 195. 859.07 (2) (a) 2. of the statutes is amended to read:

SB378,53,10 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB378,196 Section 196. 859.15 of the statutes is amended to read:

SB378,53,17 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), and 49.345 (11), and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB378,197 Section 197. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act 55, section 4646b, is amended to read:

SB378,53,23 938.02 (4) “Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (4), “department" means the department of corrections.

SB378,198 Section 198. 938.02 (10r) of the statutes is amended to read:

SB378,54,3 938.02 (10r) “Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 938.226 for the secure, temporary holding in custody of juveniles.

SB378,199 Section 199. 938.02 (12r) of the statutes is amended to read:

SB378,54,15 938.02 (12r) “Out-of-home care provider" means a foster parent, guardian, relative other than a parent, or nonrelative in whose home a juvenile is placed, or the operator of a group home, residential care center for children and youth, or shelter care facility in which a juvenile is placed, under the placement and care responsibility of the department of children and families, the department of corrections, or a county department. “Out-of-home care provider" also includes, in the case of a juvenile placed in a group home, residential care center for children and youth, or shelter care facility, a staff member employed on the site of that home, center, or facility who has been designated by the operator of that home, center, or facility as an out-of-home care provider for purposes of making decisions concerning the juvenile's participation in age or developmentally appropriate activities.

SB378,200 Section 200. 938.02 (19r) of the statutes is amended to read:

SB378,54,21 938.02 (19r) “Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

SB378,201 Section 201. 938.06 (4) of the statutes is amended to read:

SB378,55,6 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 48.526 938.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 48.526 938.526, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB378,202 Section 202. 938.069 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4648bm, is amended to read:

SB378,55,13 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB378,203 Section 203. 938.069 (2) of the statutes is amended to read:

SB378,55,17 938.069 (2) Agency approval needed. Licensed child welfare agencies and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

SB378,204 Section 204. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB378,55,24 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), personnel of the department of corrections designated by that the department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. 938.485 (18) (b) and designated by agreement between the agency and the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB378,205 Section 205. 938.205 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, section 4653bm, is amended to read:

SB378,56,10 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB378,206 Section 206. 938.208 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4654bm, is amended to read:

SB378,56,25 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

SB378,207 Section 207. 938.209 (1) (a) (intro.) of the statutes is amended to read:

SB378,57,4 938.209 (1) (a) (intro.) No other juvenile detention facility approved by the department of corrections or a county is available and all of the following conditions are met:

SB378,208 Section 208. 938.209 (1) (a) 1. of the statutes is amended to read:

SB378,57,7 938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities established by the department of corrections.

SB378,209 Section 209. 938.209 (2m) (b) of the statutes is amended to read:

SB378,57,13 938.209 (2m) (b) The department of corrections shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety, and welfare of the juveniles held in those facilities.

SB378,210 Section 210. 938.22 (1) (a) of the statutes is amended to read:

SB378,57,25 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 938.226 and 938.227 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37 938.226, and 938.227. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 938.226 and 938.227 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

SB378,211 Section 211. 938.22 (2) (a) of the statutes is amended to read:

SB378,58,12 938.22 (2) (a) Counties shall submit plans for a shelter care facility, juvenile detention facility, or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.

SB378,212 Section 212. 938.22 (2) (b) of the statutes is amended to read:

SB378,58,21 938.22 (2) (b) If the department of corrections approves, a juvenile detention facility or a holdover room may be located in a public building in which there is a jail or other facility for the detention of adults if the juvenile detention facility or holdover room is physically segregated from the jail or other facility so that juveniles may enter the juvenile detention facility or holdover room without passing through areas where adults are confined and juveniles detained in the juvenile detention facility or holdover room cannot communicate with or view adults confined in the jail or other facility.

SB378,213 Section 213. 938.222 (2) (a) 1. of the statutes is amended to read:

SB378,59,2 938.222 (2) (a) 1. That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under s. 301.36 938.226.

SB378,214 Section 214. 938.222 (2) (b) 3. of the statutes is amended to read:

SB378,59,6 938.222 (2) (b) 3. An agreement that the private juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 938.226.

SB378,215 Section 215. 938.222 (2) (b) 4. of the statutes is amended to read:

SB378,59,10 938.222 (2) (b) 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

SB378,216 Section 216. 938.223 (2) (a) 1. of the statutes is amended to read:

SB378,59,16 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the department under s. 301.36 938.226.

SB378,217 Section 217. 938.223 (2) (b) 3. of the statutes is amended to read:

SB378,59,20 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 938.226.

SB378,218 Section 218. 938.223 (2) (b) 4. of the statutes is amended to read:

SB378,59,24 938.223 (2) (b) 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

SB378,219 Section 219. 938.224 (1) of the statutes is amended to read:

SB378,60,6 938.224 (1) Uses of facilities. The county board of supervisors of a county may contract with the department of corrections for the use of a juvenile correctional facility operated by that the department for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).

SB378,220 Section 220. 938.224 (2) (a) 1. of the statutes is amended to read:

SB378,60,10 938.224 (2) (a) 1. There is no county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.