301.26(1)
(1)
Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of juvenile delinquency-related services under
ch. 938, and shall provide consultation and technical assistance to aid counties in implementation and service delivery. The department shall establish information systems, monitoring and evaluation procedures to report periodically to the governor and legislature on the state impact of this section.
301.26(2)(a)(a) All funds to counties under this section shall be allocated to county departments under
ss. 46.21,
46.22 and
46.23 subject to
ss. 46.495 (2) and
301.031, except that monthly advance payments to the counties may be less than one-twelfth of the contracted amounts. No reimbursement may be made to any multicounty department until the counties which established the department have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.
301.26(2)(b)
(b) Uniform fees collected or received by counties under
s. 301.03 (18) for services provided under this section shall be applied to cover the cost of the services.
301.26(2)(c)
(c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under
ch. 938, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under
s. 46.17,
46.175 or
301.37, for reimbursement of costs under
s. 938.209, for city lockups or for reimbursement of care costs in temporary shelter care under
s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.
301.26(2m)
(2m) Public participation process. In determining the use of funds under this section, county departments under
ss. 46.21,
46.22 and
46.23 shall assess needs using an open public participation process which involves representatives of those receiving services.
301.26(3)(a)(a) Receipt of funds under this subsection is contingent upon use of a public participation process required under
sub. (2m).
301.26(3)(c)
(c) Within the limits of the appropriations under
s. 20.410 (3) (cd) and
(ko), the department shall allocate funds to each county for services under this section.
301.26(3)(dm)
(dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.
301.26(3)(e)
(e) The department may carry forward $500,000 or 10% of its funds allocated under this subsection and not encumbered or carried forward under
par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within
s. 20.410 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services. The allocation does not affect a county's base allocation.
301.26(3)(em)
(em) The department may carry forward any emergency funds allocated under
sub. (7) (e) and not encumbered or carried forward under
par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within
s. 20.410 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under
sub. (7) (e). The allocation does not affect a county's base allocation.
301.26(4)(a)(a) Except as provided in
pars. (c) and
(cm), the department of corrections shall bill counties or deduct from the allocations under
s. 20.410 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under
s. 48.366,
938.183 or
938.34 or the department of health and family services for each person receiving services under
s. 46.057 or
51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under
s. 48.366 or
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 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under
s. 20.410 (3) (cd).
301.26(4)(b)
(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. to
4. Except as provided in
pars. (bm),
(c) and
(cm), liability shall apply to county departments under
s. 46.21,
46.22 or
46.23 in the county of the court exercising jurisdiction under
chs. 48 and
938 for each person receiving services from the department of corrections under
s. 48.366,
938.183 or
938.34 or the department of health and family 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
sub. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under
ss. 48.366,
938.183 and
938.34 and the department of health and family services under
s. 46.057 or
51.35 (3).
301.26(4)(bm)
(bm) Notwithstanding
par. (b), the county department under
s. 46.21,
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).
301.26(4)(c)
(c) Notwithstanding
pars. (a),
(b) and
(bm), the department of corrections shall pay, from the appropriation account under
s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under
s. 46.057,
48.366,
51.35 (3),
938.183 or
938.34 who was under the guardianship of the department of health and family services pursuant to an order under
ch. 48 at the time that the person was adjudicated delinquent.
301.26(4)(cm)1.1. Notwithstanding
pars. (a),
(b) and
(bm), the department shall transfer funds from the appropriation under
s. 20.410 (3) (cg) to the appropriations under
s. 20.410 (3) (hm),
(ho) and
(hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in
s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions 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. 939.31,
939.32 (1) (a),
940.03,
940.21,
940.225 (1),
940.305,
940.31,
941.327 (2) (b) 4.,
943.02,
943.10 (2),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
948.02 (1),
948.025,
948.30 (2),
948.35 (1) (b) or
948.36 and for the care of any juvenile 10 years of age or over who has been placed in a juvenile correctional institution or a secured child caring institution for attempting or committing a violation of
s. 940.01 or for committing a violation of
s. 940.02 or
940.05.
301.26(4)(cm)2.
2. Notwithstanding
pars. (a),
(b) and
(bm), the department shall transfer funds from the appropriation under
s. 20.410 (3) (cg) to the appropriations under
s. 20.410 (3) (hm),
(ho) and
(hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in
s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under
s. 48.366 based on a delinquent act that is a violation of
s. 940.01,
940.02,
940.05 or
940.225 (1).
301.26(4)(cm)3.
3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under
par. (d) 2. to
4. for juvenile correctional services.
301.26(4)(d)1.1. 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) shall be credited to the appropriation account under
s. 20.410 (3) (hm).
301.26(4)(d)2.
2. Beginning on July 1, 1997, and ending on December 31, 1997, the per person daily cost assessment to counties shall be $150.44 for care in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), $150.44 for care for juveniles transferred from a juvenile correctional institution under
s. 51.35 (3), $160.22 for care in a child caring institution, including a secured child caring institution, $111.16 for care in a group home for children, $24.78 for care in a foster home, $71.35 for care in a treatment foster home, $88.19 for departmental corrective sanctions services and $16.98 for departmental aftercare services.
301.26(4)(d)3.
3. In calendar year 1998, the per person daily cost assessment to counties shall be $154.94 for care in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), $154.94 for care for juveniles transferred from a juvenile correctional institution under
s. 51.35 (3), $161.79 for care in a child caring institution, including a secured child caring institution, $112.25 for care in a group home for children, $25.02 for care in a foster home, $72.05 for care in a treatment foster home, $80.41 for departmental corrective sanctions services and $17.18 for departmental aftercare services.
301.26(4)(d)4.
4. Beginning on January 1, 1999, and ending on June 30, 1999, the per person daily cost assessment to counties shall be $159.46 for care in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), $159.46 for care for juveniles transferred from a juvenile correctional institution under
s. 51.35 (3), $163.36 for care in a child caring institution, including a secured child caring institution, $113.34 for care in a group home for children, $25.26 for care in a foster home, $72.75 for care in a treatment foster home, $74.35 for departmental corrective sanctions services and $17.39 for departmental aftercare services.
301.26(4)(eg)
(eg) For corrective sanctions services under
s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under
s. 301.03 (18) shall be credited to the appropriation account under
s. 20.410 (3) (hr).
301.26(4)(f)
(f) For services under
s. 51.35 (3), payments made under
par. (d) for services to juveniles who are ineligible for medical assistance under
subch. IV of ch. 49 and uniform fee collections under
s. 46.03 (18) shall be deposited in the appropriation under
s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.
301.26(4)(g)
(g) For juvenile field and institutional aftercare 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) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.
301.26(6)(a)(a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under
s. 20.410 (3) (cd) and
(ko) for purposes described in this section.
301.26(6)(b)
(b) The department shall submit recommendations to the joint committee on finance regarding performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional institutions and into less restrictive community programs and are successfully rehabilitating children adjudged delinquent on or before December 31, 1987. Beginning on January 1, 1988, counties shall provide information requested by the department in order to apply the criteria and assess performances.
301.26(7)
(7) Allocations of funds. Within the limits of the availability of federal funds and of the appropriations under
s. 20.410 (3) (cd) and
(ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 1997, and ending on June 30, 1999, as provided in this subsection to county departments under
ss. 46.215,
46.22 and
46.23 as follows:
301.26(7)(a)
(a) For community youth and family aids under this section, amounts not to exceed $41,649,700 for the last 6 months of 1997, $82,741,700 for 1998 and $41,091,900 for the first 6 months of 1999.
301.26(7)(e)
(e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 1997, $250,000 for 1998 and $125,000 for the first 6 months of 1999. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
301.26(7)(h)
(h) For counties that are participating in the corrective sanctions program under
s. 938.533 (2), $1,062,400 in the last 6 months of 1997, $2,124,800 in 1998 and $1,062,400 in the first 6 months of 1999 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under
s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.
301.26 Note
NOTE: Par. (h) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
301.26(8)
(8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in
sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 1997, $1,333,400 in 1998 and $666,700 in the first 6 months of 1999 for alcohol and other drug abuse treatment programs.
301.26 History
History: 1995 a. 27 ss.
6363p,
9126 (19);
1995 a. 77,
352,
416,
417;
1997 a. 27,
35,
237,
252; s. 13.93 (2) (c).
301.263
301.263
Community intervention program. 301.263(1)
(1) From the appropriation under
s. 20.410 (3) (f), the department shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.
301.263(2)
(2) To determine eligibility for a payment under
sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately.
301.263(3)
(3) The department shall distribute 33% of the amounts distributed under
sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under
sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in
s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under
sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.
301.263 History
History: 1995 a. 27,
77;
1997 a. 35.
301.265
301.265
Diversion of youth from gang activities. 301.265(1)(1) From the appropriations under
s. 20.410 (3) (d) and
(kj), the department shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding
s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
301.265(2)
(2) From the appropriation under
s. 20.410 (3) (kp), the department may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under
sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.
301.265(3)
(3) From the appropriations under
s. 20.410 (3) (d) and
(kj), the department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County and $75,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association and may not have entered into a contract under s.
301.265 (3), 1995 stats. Notwithstanding
s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
301.265 History
History: 1995 a. 27;
1997 a. 27.
301.27
301.27
Meal and other charges; vending stands; commissary; and butter and cheese. 301.27(1)
(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 employes of the state correctional institutions and members of the employe'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),
(hm) and
(j). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.
301.27(2)
(2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from
s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.
301.27(3)
(3) Commissary. With the approval of the governor and the director of personnel, the department, by rule, may provide employes in its institutions with laundry, food, housing and necessary furnishings.
301.27(4)
(4) Butter and cheese. No butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter may be used in any of the institutions of the department, except for the institution authorized under
s. 301.046 (1) or a Type 2 prison.
301.28
301.28
Training of correctional officers. 301.28(1)
(1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in
s. 302.01.
301.28(2)(a)(a) Correctional officers serving under permanent appointment prior to July 31, 1981 are not required to meet any requirement under
par. (b) as a condition of continued employment. Failure of any such correctional officer to fulfill those requirements does not make that person ineligible for any promotional examination for which he or she is otherwise eligible. Those correctional officers may voluntarily participate in this program.
301.28(2)(b)
(b) No person may be permanently appointed as a correctional officer unless the person has satisfactorily completed a preservice training program approved by the department.
301.28 History
History: 1981 c. 20;
1989 a. 31 s.
970; Stats. 1989 s. 301.28;
1993 a. 377;
1995 a. 27.
301.285
301.285
In-service and work experience training. The department may conduct a program of in-service training and staff development and, in cooperation with educational institutions, provide facilities for work experience for students, including subsistence.
301.285 History
History: 1989 a. 31.
301.287
301.287
Correctional officer overtime. The department shall maintain a central monitoring system to record the amount of overtime worked by correctional officers.
301.287 History
History: 1991 a. 39.
301.29
301.29
Bonds of employes; police powers; investigation of complaints. 301.29(2)(2) The superintendents of all the state correctional institutions, and the employes under them to whom they delegate police power, may arrest any person within or upon the grounds of the institutions whom they have reason to believe guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.
301.29(3)
(3) The department shall investigate complaints against any institution under its jurisdiction or against the officers or employes of the institutions. For that purpose, the secretary and such officers and employes as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. On its own initiative, the department may investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employe or subordinate of an institution shall be immediately forwarded unopened to the addressee.
301.29 History
History: 1989 a. 31;
1997 a. 289.
301.30
301.30
Inmate wages, allowances and release payments. The department may pay a wage or an allowance and a release payment to inmates at its institutions. The department shall prescribe the amounts of pay and such hours, health and other conditions in connection with employment as are reasonable.
301.30 History
History: 1989 a. 31.
301.31
301.31
Wages to prisoners. The department may provide for assistance of prisoners on their discharge; for the support of their families while the prisoners are in confinement; or for the payment, either in full or ratably, of their obligations acknowledged by them in writing or which have been reduced to judgment by the allowance of moderate wages, to be paid from the operation, maintenance, farm and construction appropriations of the institution in which they are confined. Until the prisoner's final discharge, the funds arising from the wages shall be under the control of the officer in charge of the institution and shall be used for the benefit of the prisoner, the prisoner's family and other obligations specified in this section. Earnings by inmates working in the prison industries and the retention and distribution thereof shall be governed by
ss. 303.01 (4) and
(8) and
303.06 (2).
301.31 History
History: 1989 a. 31;
1991 a. 269.
301.315
301.315
Corrections programs report. The department shall report to the joint committee on finance with a proposal to address negative cash balances associated with closed industries or other corrections programs through the use of moneys appropriated under
s. 20.410 as of the date of the proposal.
301.315 History
History: 1989 a. 31.
301.32
301.32
Property of prisoners, residents and probationers. 301.32(1)(1)
Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employe of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under
s. 973.045 (4), the delinquency victim and witness assistance surcharge under
s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under
s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by
s. 20.913 (3) (bm).
301.32(2)
(2) Central reception unit; exception. Notwithstanding
sub. (1) and
s. 302.13, an inmate account need not be opened or maintained for an inmate placed at the central reception unit at the Dodge correctional institution.
301.32(3)(a)(a) All money or other property paid or delivered to a probation, extended supervision and parole agent or other employe of the department by or for the benefit of any person on probation, extended supervision or parole shall be immediately transmitted to the department and it shall enter the same upon its books to his or her credit. The property shall be used only under the direction of the department.
301.32(3)(b)
(b) If the person on probation, extended supervision or parole absconds, the money shall be credited to the revolving fund created by
s. 304.075; and other property if not called for within one year shall be sold by the department and the proceeds shall be credited to the fund.
301.32(3)(c)
(c) If any person, within 5 years after such crediting of funds, satisfies the department that he or she is entitled thereto, the department shall certify the amount thereof to the department of administration for payment to the claimant from the appropriation made by
s. 20.410 (1) (g).
301.32 Annotation
This section does not create a property interest in items prohibited by administrative rule because these items have not been delivered to prison employes for the benefit of inmates. Prohibited items are contraband subject to seizure. Escobar v. Landwehr, 837 F Supp. 284 (1993).
301.325
301.325
Prisoner reimbursement to the state. The department may charge a prisoner for some or all of the costs to the department of the prisoner's incarceration. The department may collect from the inmate during his or her incarceration or after his or her release or both. Upon the request of the department, the attorney general may bring a civil action to recover costs under this section that the department has been unable to collect. The department may not recover under this section for any costs already recovered as otherwise provided in
chs. 301 to
303.The department shall promulgate rules providing a method of charging under this section that is based on a prisoner's ability to pay and providing procedures for collection of the costs.
