LRB-1756/1
GMM:bjk:ph
2009 - 2010 LEGISLATURE
April 6, 2009 - Introduced by Joint Legislative Council. Referred to Committee
on Judiciary, Corrections, Insurance, Campaign Finance Reform, and
Housing.
SB151,1,4
1An Act to renumber and amend 301.26 (4) (b);
to amend 301.26 (4) (bm),
2301.26 (4) (c), 301.26 (4) (cm) 1. and 301.26 (4) (cm) 2.; and
to create 301.26 (3)
3(d) and 301.26 (4) (b) 2. of the statutes;
relating to: funding to counties to cover
4increase in juvenile corrections costs.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on High-Risk Juvenile Offenders.
Under current law, counties are financially responsible for the costs of juvenile
delinquency-related services except for certain juveniles, such as those placed in the
Serious Juvenile Offender Program and juveniles who are convicted as adults in the adult
criminal justice system. The community youth and family aids program ("youth aids")
provides each county with an annual allocation of state and federal funds from which the
county may pay for juvenile delinquency-related services, including out-of-home
placements and non-residential, community-based services for juveniles. For
correctional services, the Department of Corrections (DOC) bills counties based upon a
statutory daily rate for the service provided.
This bill provides that if there is an increase in the daily rate charged to counties
for correctional services, DOC must allocate additional funds to counties to cover the
increases. In distributing this funding, the bill requires DOC to consider each county's
proportionate use of applicable DOC-provided services during the previous calendar
years.
SB151, s. 1
1Section
1. 301.26 (3) (d) of the statutes is created to read:
SB151,2,52
301.26
(3) (d) In addition to the funds allocated under par. (c), the department
3shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's
4proportionate use of applicable services of the department under s. 938.34 during the
5previous calendar years.
Note: Requires DOC to allocate funds, in addition to each county's youth aids
allocation, if there is an increase in the daily rate charged to counties for DOC-provided
juvenile correctional services, and requires DOC to consider each county's proportionate
use of those services in making the allocation.
SB151, s. 2
6Section
2. 301.26 (4) (b) of the statutes is renumbered 301.26 (4) (b) 1. and
7amended to read:
SB151,3,48
301.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically
9on the basis of the per person per day cost estimate specified in par. (d) 2. and 3.
10Except as provided in pars. (bm), (c), and (cm), liability shall apply to county
11departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising
12jurisdiction under chs. 48 and 938 for each person receiving services from the
13department of corrections under s. 48.366, 938.183, or 938.34 or the department of
14health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and
15(cm), in multicounty court jurisdictions, the county of residency within the
16jurisdiction shall be liable for costs under this subsection. Assessment of costs under
17par. (a) shall also be made according to the general placement type or level of care
18provided, as defined by the department, and prorated according to the ratio of the
1amount designated under sub. (3) (c)
and (d) to the total applicable estimated costs
2of care, services, and supplies provided by the department of corrections under ss.
348.366, 938.183, and 938.34 and the department of health services under s. 46.057
4or 51.35 (3).
SB151, s. 3
5Section
3. 301.26 (4) (b) 2. of the statutes is created to read:
SB151,3,86
301.26
(4) (b) 2. If there is an increase in the per person daily cost assessments
7specified in par. (d) 2. or 3., there shall be an increase in the total funds available to
8all counties under sub. (3) (d) to cover increases for state charges under par. (a).
Note: Provides that, if there is an increase in the daily rate charged to counties
for DOC-provided juvenile correctional services, there must be an increase in the total
funds available to counties to cover increases in those charges.
SB151, s. 4
9Section
4. 301.26 (4) (bm) of the statutes is amended to read:
SB151,3,1710
301.26
(4) (bm) Notwithstanding par. (b)
1., the county department under s.
1146.21, 46.22 or 46.23 of the county of residency of a juvenile who has been adjudicated
12delinquent by a court of another county or by a court of another multicounty
13jurisdiction may voluntarily assume liability for the costs payable under par. (a). A
14county department may assume liability under this paragraph by a written
15agreement signed by the director of the county department that assumes liability
16under this paragraph and the director of the county department that is otherwise
17liable under par. (b)
1.
SB151, s. 5
18Section
5. 301.26 (4) (c) of the statutes is amended to read:
SB151,4,219
301.26
(4) (c) Notwithstanding pars. (a), (b)
1., and (bm), the department of
20corrections shall pay, from the appropriation under s. 20.410 (3) (hm), (ho). or (hr),
21the costs of care, services, and supplies provided for each person receiving services
22under s. 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the
1guardianship of the department of children and families pursuant to an order under
2ch. 48 at the time that the person was adjudicated delinquent.
SB151, s. 6
3Section
6. 301.26 (4) (cm) 1. of the statutes is amended to read:
SB151,4,194
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b)
1., and (bm), the department
5shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
6appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
7juvenile correctional facilities, secured residential care centers for children and
8youth, alternate care providers, aftercare supervision providers, and corrective
9sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
10care of any juvenile 14 years of age or over who has been placed in a juvenile
11correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or
12(1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a),
13940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
14(2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy
15to commit any of those violations, or that is an attempted violation of s. 943.32 (2)
16and for the care of any juvenile 10 years of age or over who has been placed in a
17juvenile correctional facility or secured residential care center for children and youth
18for attempting or committing a violation of s. 940.01 or for committing a violation of
19s. 940.02 or 940.05.
SB151, s. 7
20Section
7. 301.26 (4) (cm) 2. of the statutes is amended to read:
SB151,5,421
301.26
(4) (cm) 2. Notwithstanding pars. (a), (b)
1., and (bm), the department
22shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
23appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
24juvenile correctional facilities, secured residential care centers for children and
25youth, alternate care providers, aftercare supervision providers, and corrective
1sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
2care of any juvenile 14 years of age or over and under 18 years of age who has been
3placed in a juvenile correctional facility under s. 48.366 based on a delinquent act
4that is a violation of s. 940.01, 940.02, 940.05, or 940.225 (1).
