April 7, 2016 - Introduced by Senator L. Taylor. Referred to Committee on
Judiciary and Public Safety.
SB804,4,2
1An Act to repeal 20.410 (3) (gg), 46.011 (1c), 46.011 (1p), 46.215 (2) (a) 3., 46.215
2(2) (c) 3., 46.22 (1) (b) 5m. d., 46.22 (1) (e) 3. c., 46.22 (2g) (d) 4., 46.23 (5) (a) 3.,
346.23 (5) (c) 3., 46.23 (5) (n) 3., 49.11 (1c), 49.855 (2p), 301.01 (1n), 301.03 (18),
4301.031, 301.032, 301.06, 301.08 (2) (d) 5., 301.085 (2), 301.085 (4), 301.12,
5301.26 (title), 301.26 (1), 301.35 (2) (e), 302.386 (5) (c), 302.386 (5) (d), 938.48
6(intro.), 938.48 (1) and 938.48 (16);
to renumber 20.410 (3) (title), 20.410 (3)
7(a), 20.410 (3) (ba), 20.410 (3) (c), 20.410 (3) (dm), 20.410 (3) (e), 20.410 (3) (i),
820.410 (3) (jr), 20.410 (3) (jv), 20.410 (3) (kx), 20.410 (3) (ky), 20.410 (3) (kz),
920.410 (3) (m), 20.410 (3) (n), 20.410 (3) (q), 20.437 (1) (kp), 20.437 (3), 48.526
10(title), 48.526 (2) (title), 48.526 (2) (a), 48.526 (2) (b), 48.526 (2m), 48.526 (3)
11(title), 48.526 (3) (a), 48.526 (6) (title), 48.526 (6) (b), 48.526 (7) (a) to (h), 48.526
12(8), 48.528 (title), 48.528 (2), 48.528 (3), 301.03 (10) (a), 301.03 (10) (b), 301.03
13(10) (d), 301.03 (10) (e), 301.03 (10) (f), 301.20, 301.26 (4) (title), 301.26 (4) (cm)
143., 301.26 (4) (d) 5., 301.26 (4) (f), 301.37 (5), 938.48 (3), 938.48 (4), 938.48 (4m),
1938.48 (5), 938.48 (6) and 938.48 (13);
to renumber and amend 20.410 (3) (cg),
220.410 (3) (g), 20.410 (3) (hm), 20.410 (3) (ho), 20.410 (3) (hr), 20.437 (1) (cj),
320.437 (1) (cm), 48.526 (1), 48.526 (2) (c), 48.526 (3) (c), 48.526 (3) (dm), 48.526
4(3) (e), 48.526 (3) (em), 48.526 (6) (a), 48.526 (7) (intro.), 48.528 (1), 301.025,
5301.03 (10) (c), 301.03 (10) (g), 301.08 (1) (b) 3., 301.205, 301.26 (4) (a), 301.26
6(4) (b), 301.26 (4) (bm), 301.26 (4) (c), 301.26 (4) (cm) 1., 301.26 (4) (ct), 301.26
7(4) (cx), 301.26 (4) (d) 1., 301.26 (4) (d) 1m., 301.26 (4) (d) 2., 301.26 (4) (d) 3.,
8301.26 (4) (d) 4., 301.26 (4) (dt), 301.26 (4) (e), 301.26 (4) (ed), 301.26 (4) (eg),
9301.26 (4) (g), 301.335, 938.48 (14) and 938.54;
to amend 14.92, 16.51 (7), 16.54
10(12) (b), 16.54 (12) (d), 20.437 (1) (kz), 20.437 (1) (o), 20.505 (8) (hm) 21d., 20.866
11(1) (u), 20.921 (2) (a), 46.03 (18) (a), 46.057 (1), 46.057 (2), 46.20 (3), 46.206 (1)
12(a), 46.21 (2) (j), 46.21 (5) (b), 46.215 (1) (d), 46.215 (2) (a) 1., 46.215 (2) (a) 2.,
1346.215 (2) (c) 1., 46.215 (2) (c) 2., 46.215 (3), 46.22 (1) (b) 1. b., 46.22 (1) (b) 2. a.,
1446.22 (1) (b) 2. c., 46.22 (1) (b) 5m. a., 46.22 (1) (e) 3. a., 46.22 (1) (e) 3. b., 46.22
15(2g) (d) 2., 46.22 (2g) (d) 3., 46.23 (5) (a) 1., 46.23 (5) (a) 2., 46.23 (5) (c) 1., 46.23
16(5) (c) 2., 46.23 (5) (n) 1., 46.23 (5) (n) 2., 46.23 (5m) (c), 46.23 (6) (a) (intro.), 48.02
17(10r), 49.175 (1) (intro.), 49.175 (3), 49.275, 49.32 (1) (a), 49.32 (2) (b), 49.32 (2)
18(d), 49.325 (1) (a), 49.325 (2), 49.325 (2g) (a), 49.325 (2g) (b), 49.325 (2g) (c),
1949.325 (2r) (a) 1., 49.325 (2r) (a) 2., 49.34 (1), 49.34 (2), 49.35 (1) (a), 49.35 (1)
20(b), 49.35 (2), 49.45 (6m) (br) 1., 49.45 (25) (bj), 49.855 (3), 49.855 (4m) (b), 59.24,
21102.27 (2) (a), 230.08 (2) (e) 2m., 230.08 (2) (e) 3e., 301.001, 301.01 (4), 301.03
22(9), 301.035 (2), 301.035 (4), 301.07, 301.08 (2) (a), 301.27 (1), 301.36 (1), 301.37
23(1), 302.31 (7), 302.386 (1), 302.386 (2) (intro.), 302.386 (3) (a), 303.01 (2) (em),
24303.01 (11) (a) 1., 701.0503 (2) (intro.), 767.59 (1f) (b) 4., 767.59 (2) (c), 767.59
25(2s), 859.07 (2) (a) 2., 859.07 (2) (a) 2., 859.15, 938.02 (4), 938.02 (10r), 938.02
1(12r), 938.02 (19r), 938.06 (4), 938.069 (1) (intro.), 938.069 (2), 938.08 (3) (a)
2(intro.), 938.205 (1) (c), 938.208 (1) (intro.), 938.209 (1) (a) (intro.), 938.209 (1)
3(a) 1., 938.209 (2m) (b), 938.22 (1) (a), 938.22 (2) (a), 938.22 (2) (b), 938.222 (2)
4(a) 1., 938.222 (2) (b) 3., 938.222 (2) (b) 4., 938.223 (2) (a) 1., 938.223 (2) (b) 3.,
5938.223 (2) (b) 4., 938.224 (1), 938.224 (2) (a) 1., 938.224 (2) (a) 2., 938.224 (2)
6(b), 938.224 (3) (a), 938.224 (3) (b), 938.224 (4), 938.225, 938.23 (1m) (a), 938.295
7(2) (c), 938.296 (6), 938.30 (6) (b), 938.31 (7) (b), 938.33 (4m) (intro.), 938.33 (4m)
8(b), 938.34 (2) (a), 938.34 (2) (b), 938.34 (3) (f) (intro.), 938.34 (4m) (intro.),
9938.34 (4n) (intro.), 938.34 (6s), 938.34 (8d) (c), 938.355 (6) (d) 1., 938.355 (6d)
10(a) 1., 938.355 (6d) (a) 2., 938.355 (6d) (b) 1., 938.355 (6d) (b) 2., 938.355 (6m)
11(a) 1g., 938.357 (4) (a), 938.357 (4) (b) 1., 938.357 (4) (b) 2., 938.357 (4) (b) 4.,
12938.357 (4) (c) 1., 938.357 (4) (c) 2., 938.357 (4) (c) 4., 938.357 (4g) (a), 938.357
13(4g) (b), 938.357 (4m), 938.357 (5) (a), 938.357 (5) (g), 938.357 (5m) (a), 938.36
14(1) (a), 938.36 (2), 938.363 (1) (c), 938.363 (2), 938.38 (1) (a), 938.396 (2g) (b) 1.,
15938.485 (1), 938.485 (4), 938.485 (5), 938.49 (title), 938.49 (1), 938.49 (2) (intro.),
16938.49 (2) (a), 938.50, 938.505 (1), 938.505 (2) (a) (intro.), 938.505 (2) (b), 938.51
17(1) (intro.), 938.51 (1d) (intro.), 938.51 (1m), 938.51 (2), 938.51 (3), 938.51 (4)
18(intro.), 938.52 (title), 938.52 (1) (intro.), 938.52 (1) (f), 938.52 (2), 938.52 (4),
19938.53, 938.533 (2) (intro.), 938.533 (3), 938.533 (4), 938.534 (1) (b) 1., 938.534
20(1) (b) 2., 938.534 (2), 938.535, 938.538 (2) (intro.), 938.538 (3) (a) (intro.),
21938.538 (3) (a) 9., 938.538 (4), 938.538 (5) (a), 938.538 (5) (b), 938.538 (6),
22938.538 (7), 938.539 (2), 938.539 (6), 938.549 (1) (intro.), 938.57 (1) (g), 938.57
23(4), 938.78 (1) and 938.78 (3); and
to create 20.437 (4) (o), 938.226, 938.227,
24938.485 (10) (title) and 938.485 (18) of the statutes;
relating to: the transfer
1of juvenile correctional services from the Department of Corrections to the
2Department of Children and Families and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill transfers from the Department of Corrections to the Department of
Children and Families the administration of all juvenile correctional services
currently administered by DOC. Under current law, DCF administers
community-based juvenile delinquency-related services, which are defined as
juvenile delinquency-related services provided under the Juvenile Justice Code,
other than juvenile correctional services that are provided for a juvenile who is being
held in a juvenile detention facility or who has been adjudged delinquent, placed
under the supervision of DOC, and placed in a juvenile correctional facility, in the
Serious Juvenile Offender Program, or on aftercare supervision administered by
DOC. This bill transfers the administration of those juvenile correctional services
from DOC to DCF.
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:
SB804,1
3Section
1. 14.92 of the statutes is amended to read:
SB804,4,12
414.92 Interstate Commission for Juveniles. There is created an Interstate
5Commission for Juveniles as specified in s. 938.999 (3). The member of the
6commission representing this state shall be the compact administrator, as defined
7in s. 938.999 (2) (c), the deputy compact administrator, as defined in s. 938.999 (2)
8(f), or a designee, as specified in s. 938.999 (3) (b). The commission member shall
9serve without compensation but shall be reimbursed from the appropriation account
10under s.
20.410 (3) 20.437 (4) (a) for actual and necessary expenses incurred in the
11performance of the commission member's duties. The commission shall have the
12powers, duties, and responsibilities set forth in s. 938.999.
SB804,2
13Section
2. 16.51 (7) of the statutes is amended to read:
SB804,5,18
116.51
(7) Audit claims for expenses in connection with prisoners and
2juveniles in juvenile correctional facilities. Receive, examine, determine, and
3audit claims, duly certified and approved by the department of corrections
or the
4department of children and families, from the county clerk of any county in behalf
5of the county, which are presented for payment to reimburse the county for certain
6expenses incurred or paid by it in reference to all matters growing out of actions and
7proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles
8in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners
9or juveniles transferred to a mental health institute for observation or treatment,
10when the proceedings are commenced in counties in which the prisons or juvenile
11correctional facilities are located by a district attorney or by the prisoner or juvenile
12as a postconviction remedy or a matter involving the prisoner's status as a prisoner
13or the juvenile's status as a resident of a juvenile correctional facility and for certain
14expenses incurred or paid by it in reference to holding those juveniles in secure
15custody while those actions or proceedings are pending. Expenses shall only include
16the amounts that were necessarily incurred and actually paid and shall be no more
17than the legitimate cost would be to any other county had the offense or crime
18occurred therein.
SB804,3
19Section
3. 16.54 (12) (b) of the statutes is amended to read:
SB804,5,2420
16.54
(12) (b) The department of children and families may not expend or
21encumber any moneys credited to the appropriation account under s. 20.437 (2) (mm)
22or
(3) (5) (mm) unless the department of children and families submits a plan for the
23expenditure of the moneys to the department of administration and the department
24of administration approves the plan.
SB804,4
25Section
4. 16.54 (12) (d) of the statutes is amended to read:
SB804,6,7
116.54
(12) (d) At the end of each fiscal year, the department of administration
2shall determine the amount of moneys that remain in the appropriation accounts
3under ss. 20.435 (8) (mm) and 20.437 (2) (mm) and
(3)
(5) (mm) that have not been
4approved for encumbrance or expenditure by the department pursuant to a plan
5submitted under par. (a) or (b) and shall require that such moneys be lapsed to the
6general fund. The department shall notify the cochairpersons of the joint committee
7on finance, in writing, of the department's action under this paragraph.
SB804,5
8Section
5. 20.410 (3) (title) of the statutes is renumbered 20.437 (4) (title).
SB804,6
9Section
6. 20.410 (3) (a) of the statutes is renumbered 20.437 (4) (a).
SB804,7
10Section
7. 20.410 (3) (ba) of the statutes is renumbered 20.437 (4) (ba).
SB804,8
11Section
8. 20.410 (3) (c) of the statutes is renumbered 20.437 (4) (c).
SB804,9
12Section
9. 20.410 (3) (cg) of the statutes, as affected by
2015 Wisconsin Act 55,
13is renumbered 20.437 (4) (cg) and amended to read:
SB804,6,1914
20.437
(4) (cg)
Serious juvenile offenders. Biennially, the amounts in the
15schedule for juvenile correctional institution, alternate care, community
16supervision, and other juvenile program services specified in s. 938.538 (3) provided
17for the persons specified in s.
301.26 938.526 (4) (cm) and for juvenile correctional
18institution services for persons placed in juvenile correctional institutions under s.
19973.013 (3m).
SB804,10
20Section
10. 20.410 (3) (dm) of the statutes is renumbered 20.437 (4) (dm).
SB804,11
21Section
11. 20.410 (3) (e) of the statutes is renumbered 20.437 (4) (e).
SB804,12
22Section
12. 20.410 (3) (g) of the statutes is renumbered 20.437 (1) (g) and
23amended to read:
SB804,7,3
120.437
(1) (g)
Legal services collections. All moneys received as reimbursement
2for costs of legal actions authorized under ss.
301.03 (18) and 301.12 49.32 and 49.345 3to be used to pay costs associated with such legal actions.
SB804,13
4Section
13. 20.410 (3) (gg) of the statutes is repealed.
SB804,14
5Section
14. 20.410 (3) (hm) of the statutes is renumbered 20.437 (4) (hm) and
6amended to read:
SB804,8,27
20.437
(4) (hm)
Juvenile correctional services. The amounts in the schedule for
8juvenile correctional services specified in ss. 49.45 (25) (bj) and
301.26 938.526 (4)
9(c) and (d). All moneys received from the sale of surplus property, including vehicles,
10from juvenile correctional institutions operated by the department, all moneys
11received as payments in restitution of property damaged at juvenile correctional
12institutions operated by the department, all moneys received from miscellaneous
13services provided at a juvenile correctional institution operated by the department,
14all moneys transferred under s.
301.26 938.526 (4) (cm), all moneys transferred
15under s.
301.26 938.526 (4) (ct), and, except as otherwise provided in pars. (ho) and
16(hr), all moneys received in payment for juvenile correctional services as specified in
17s.
301.26 938.526 (4) (d), (dt), and (g) shall be credited to this appropriation account.
18If moneys generated by the daily rate under s.
301.26
938.526 (4) (d) exceed actual
19fiscal year institutional costs by more than
2% 2 percent, all moneys in excess of
2% 202 percent shall be remitted to the counties during the subsequent calendar year or
21transferred to the appropriation account under par. (kx) during the subsequent fiscal
22year. Each county and the department shall receive a proportionate share of the
23remittance and transfer depending on the total number of days of placement at
24juvenile correctional institutions including the Mendota Juvenile Treatment Center.
25Counties shall use the funds for purposes specified in s.
301.26 938.526. The
1department shall deposit in the general fund the amounts transferred under this
2paragraph to the appropriation account under par. (kx).
SB804,15
3Section
15. 20.410 (3) (ho) of the statutes is renumbered 20.437 (4) (ho) and
4amended to read:
SB804,8,225
20.437
(4) (ho)
Juvenile alternate care services. The amounts in the schedule
6for providing alternate care services for delinquent juveniles under ss. 49.19 (10) (d),
749.45 (25) (bj),
301.26 938.526 (4) (c),
938.48 (4) 938.485 (8) and (14), and 938.52. All
8moneys transferred under s.
301.26 938.526 (4) (cm) and all moneys received in
9payment for providing alternate care services for delinquent juveniles under ss.
1049.19 (10) (d),
938.48 (4) 938.485 (8) and (14), and 938.52 as specified in s.
301.26 11938.526 (4) (d), (e), and (ed) shall be credited to this appropriation account. If moneys
12generated by the daily rate under s.
301.26 938.526 (4) (d) exceed actual fiscal year
13alternate care costs, that excess shall be transferred to the appropriation account
14under par. (hm) as provided in s.
301.26 938.526 (4) (ct), except that, if those moneys
15generated exceed those costs by more than 2 percent, all moneys in excess of that 2
16percent shall be remitted to the counties during the subsequent calendar year or
17transferred to the appropriation account under par. (kx) during the subsequent fiscal
18year. Each county and the department shall receive a proportionate share of the
19remittance and transfer depending on the total number of days of placement in
20alternate care. Counties shall use the funds for purposes specified in s.
301.26 21938.526. The department shall deposit in the general fund the amounts transferred
22under this paragraph to the appropriation account under par. (kx).
SB804,9,8
120.437
(4) (hr)
Juvenile community supervision services. The amounts in the
2schedule for the community supervision services specified in ss. 49.45 (25) (bj) and
3301.26 938.526 (4) (c) and (eg). All moneys received in payment for those services as
4specified in s.
301.26 938.526 (4) (d) and (eg), and all moneys transferred under s.
5301.26 938.526 (4) (cm), shall be credited to this appropriation account. If moneys
6generated by the daily rate under s.
301.26 938.526 (4) (d) exceed actual fiscal year
7community supervision services costs, that excess shall be transferred to the
8appropriation account under par. (hm) as provided in s.
301.26 938.526 (4) (ct).
SB804,17
9Section
17. 20.410 (3) (i) of the statutes is renumbered 20.437 (4) (i).
SB804,18
10Section
18. 20.410 (3) (jr) of the statutes is renumbered 20.437 (4) (jr).
SB804,19
11Section
19. 20.410 (3) (jv) of the statutes is renumbered 20.437 (4) (jv).
SB804,20
12Section
20. 20.410 (3) (kx) of the statutes is renumbered 20.437 (4) (kx).
SB804,21
13Section
21. 20.410 (3) (ky) of the statutes is renumbered 20.437 (4) (ky).
SB804,22
14Section
22. 20.410 (3) (kz) of the statutes is renumbered 20.437 (4) (kz).
SB804,23
15Section
23. 20.410 (3) (m) of the statutes is renumbered 20.437 (4) (m).
SB804,24
16Section
24. 20.410 (3) (n) of the statutes is renumbered 20.437 (4) (n).
SB804,25
17Section
25. 20.410 (3) (q) of the statutes is renumbered 20.437 (4) (q).
SB804,9,2520
20.437
(4) (cj)
Community youth and family aids. The amounts in the schedule
21for the improvement and provision of
community-based juvenile
22delinquency-related services under s.
48.526 and juvenile correctional services
23under s. 301.26 938.526 and for reimbursement to counties having a population of
24less than 750,000 for the cost of court attached intake services as provided in s.
25938.06 (4). Disbursements may be made from this appropriation account under s.
149.32 (2). Refunds received relating to payments made under s. 49.32 (2) shall be
2returned to this appropriation account. Notwithstanding ss. 20.001 (3) (a) and
320.002 (1), the department of children and families may transfer moneys under this
4paragraph between fiscal years. Except for moneys authorized for transfer under s.
548.526 938.526 (3), all moneys from this paragraph allocated under s.
48.526 938.526 6(3) and not spent or encumbered by counties by December 31 of each year shall lapse
7into the general fund on the succeeding January 1. The joint committee on finance
8may transfer additional moneys to the next calendar year.
SB804,10,1211
20.437
(4) (cm)
Community intervention program. The amounts in the
12schedule for the community intervention program under s.
48.528 938.528.
SB804,10,2517
20.437
(1) (kz)
Interagency and intra-agency aids; tribal placements and
18guardianships. The amounts in the schedule to be used for unexpected or unusually
19high-cost out-of-home care placements of Indian children by tribal courts, other
20than placements to which
par. sub. (4) (kp) applies, and for subsidized guardianship
21payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by
22tribal courts. All moneys transferred from the appropriation account under s. 20.505
23(8) (hm) 21. shall be credited to this appropriation account. Notwithstanding s.
2420.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the
25appropriation account under section 20.505 (8) (hm).
SB804,11,103
20.437
(1) (o)
Federal aid; children, youth, and family aids. All federal moneys
4received in amounts pursuant to allocation plans developed by the department for
5the provision or purchase of services authorized under
pars. par. (b)
and (cj) and all
6federal moneys received as child welfare funds under
42 USC 620 to
626 for the
7provision or purchase of child welfare projects and services. Disbursements from
8this appropriation may be made directly to counties for services to children and
9families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with
10federal requirements for the disbursal of federal funds.
SB804,32
13Section
32. 20.437 (4) (o) of the statutes is created to read:
SB804,11,1914
20.437
(4) (o)
Federal aid; community youth and family aids. All federal
15moneys received in amounts pursuant to allocation plans developed by the
16department for the provision or purchase of services authorized under par. (cj).
17Disbursements from this appropriation may be made directly to counties for services
18to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in
19accordance with federal requirements for the disbursal of federal funds.
SB804,11,2322
20.505
(8) (hm) 21d. The amount transferred to s. 20.437
(1) (4) (kp) shall be
23the amount in the schedule under s. 20.437
(1) (4) (kp).
SB804,12,13
120.866
(1) (u)
Principal repayment and interest. A sum sufficient from moneys
2appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1)
3(c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e),
420.255 (1) (d), 20.285 (1) (d), (je), and (gj), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7)
5(aa), (ac), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs),
6(ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko)
7and (3) (e), 20.435 (2) (ee),
20.437 (4) (e), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t)
8and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a),
9and 20.867 (1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL),
10(bm), (bn), (bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (g), (h), (i), (kd),
11and (q) for the payment of principal, interest, premium due, if any, and payment due,
12if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8)
13(a) relating to any public debt contracted under subchs. I and IV of ch. 18.
SB804,35
14Section
35. 20.921 (2) (a) of the statutes is amended to read:
SB804,12,2215
20.921
(2) (a) Whenever it becomes necessary in pursuance of any federal or
16state law or court-ordered assignment of income under s. 46.10 (14) (e), 49.345 (14)
17(e),
301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 to make deductions from
18the salaries of state officers or employees or employees of the University of Wisconsin
19Hospitals and Clinics Authority, the state agency or authority by which the officers
20or employees are employed is responsible for making those deductions and paying
21over the total of those deductions for the purposes provided by the laws or orders
22under which they were made.
SB804,13,145
46.03
(18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department
6shall establish a uniform system of fees for services provided or purchased by the
7department, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except
8for services provided under
ch. chs. 48
and 938 and subch. III of ch. 49;
9community-based juvenile delinquency-related services; juvenile correctional
10services; services provided to courts; and outreach, information, and referral
11services; or when, as determined by the department, a fee is administratively
12unfeasible or would significantly prevent accomplishing the purpose of the service.
13A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees that
14it collects under this program to cover the cost of those services.
SB804,39
15Section
39. 46.057 (1) of the statutes is amended to read:
SB804,14,916
46.057
(1) The department shall establish, maintain, and operate the Mendota
17juvenile treatment center on the grounds of the Mendota Mental Health Institute.
18The department may designate staff at the Mendota Mental Health Institute as
19responsible for administering, and providing services at, the center.
20Notwithstanding ss.
301.02, 301.03, and 301.36 (1)
938.226 (1) and 938.485, the
21department shall operate the Mendota juvenile treatment center as a juvenile
22correctional facility, as defined in s. 938.02 (10p). The center shall not be considered
23a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10),
24a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined
25in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations
1and treatment for juveniles whose behavior presents a serious problem to
2themselves or others in other juvenile correctional facilities and whose mental
3health needs can be met at the center. With the approval of the department of health
4services, the department of
corrections children and families may transfer to the
5center any juvenile who has been placed in a juvenile correctional facility under the
6supervision of the department of
corrections children and families under s. 938.183,
7938.34 (4h) or (4m), or 938.357 (4) or (5) (e) in the same manner that the department
8of
corrections children and families transfers juveniles between other juvenile
9correctional facilities.
SB804,14,2012
46.057
(2) From the appropriation account under s.
20.410 (3) 20.437 (4) (ba),
13the department of
corrections children and families shall transfer to the
14appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and,
15from the appropriation account under s.
20.410 (3)
20.437 (4) (hm), the department
16of
corrections children and families shall transfer to the appropriation account under
17s. 20.435 (2) (kx) $2,929,200 in fiscal year 2015-16 and $2,997,600 in fiscal year
182016-17, for services for juveniles placed at the Mendota juvenile treatment center.
19The department of health services may charge the department of
corrections 20children and families not more than the actual cost of providing those services.
SB804,41
21Section
41. 46.20 (3) of the statutes is amended to read:
SB804,15,422
46.20
(3) Upon approval of the site, plans and specifications, as provided in ss.
2346.17
and, 301.37,
and 938.227 as to other institutions, the joint committee shall
24report to the several county boards the estimated cost of the site and buildings, and
25the amount thereof chargeable to each county on the basis set forth in sub. (6) (a),
1appending to each report a copy of the plans and specifications and all matter
2relating to the site and buildings. If the report is approved by each county board, the
3joint committee shall purchase the site and cause the buildings to be erected in
4accordance with the plans and specifications.
SB804,15,157
46.206
(1) (a) The department shall supervise the administration of social
8services, except for social services provided under
ch. chs. 48
and 938 and subch. III
9of ch. 49
, community-based juvenile delinquency-related services, and juvenile
10correctional services. The department shall submit to the federal authorities state
11plans for the administration of social services, except for social services provided
12under
ch. chs. 48
and 938 and subch. III of ch. 49,
community-based juvenile
13delinquency-related services, and juvenile correctional services, in such form and
14containing such information as the federal authorities require, and shall comply
15with all requirements prescribed to ensure their correctness.
SB804,43
16Section
43. 46.21 (2) (j) of the statutes is amended to read:
SB804,16,317
46.21
(2) (j) May exercise approval or disapproval power over contracts and
18purchases of the director that are for $50,000 or more, except that the county board
19of supervisors may not exercise approval or disapproval power over any personal
20service contract or over any contract or purchase of the director that relates to
21community living arrangements, adult family homes, or foster homes and that was
22entered into pursuant to a contract under s. 46.031 (2g) or
301.031 49.325 (2g),
23regardless of whether the contract mentions the provider, except as provided in par.
24(m). The county board of supervisors may not exercise approval or disapproval power
25over any contract relating to mental health or mental health institutions, programs,
1or services. This paragraph does not preclude the county board of supervisors from
2creating a central purchasing department for all county purchases that are not
3related to mental health.
SB804,44
4Section
44. 46.21 (5) (b) of the statutes is amended to read:
SB804,16,65
46.21
(5) (b) Sections 46.10, 49.08, 49.345,
and 49.90
, and 301.12 govern the
6support and maintenance of persons in any of the institutions specified in sub. (2) (a).
SB804,16,139
46.215
(1) (d) To make investigations that relate to services under subchs. IV
10and V of ch. 49 upon request by the department of health services and to make
11investigations that relate to programs under
ch.
chs. 48
and 938 and subch. III of ch.
1249
or to community-based juvenile delinquency-related services upon request by the
13department of children and families.
SB804,17,216
46.215
(2) (a) 1. In order to ensure the availability of a full range of care and
17services, the county department of social services may contract, either directly or
18through the department of health services, with public or voluntary agencies or
19others to purchase, in full or in part, care and services, except as provided under
20subch. III of ch. 49
and s. 301.08 (2) and except for community-based juvenile
21delinquency-related services, that the county department of social services is
22authorized by any statute to furnish in any manner. That care and those services
23may be purchased from the department of health services if the department of health
24services has staff to furnish that care and those services. If the county department
1of social services has adequate staff, it may sell that care and those services directly
2to another county or state agency.
SB804,17,145
46.215
(2) (a) 2. In order to ensure the availability of a full range of care and
6services, the county department of social services may contract, either directly or
7through the department of children and families, with public or voluntary agencies,
8or others to purchase, in full or in part, care and services under
ch. chs. 48
and 938 9and subch. III of ch. 49
and community-based juvenile delinquency-related services 10that the county department of social services is authorized to furnish. That care and
11those services may be purchased from the department of children and families if the
12department of children and families has staff to furnish that care and those services.
13If the county department of social services has adequate staff, it may sell that care
14and those services directly to another county or state agency.
SB804,48
15Section
48. 46.215 (2) (a) 3. of the statutes is repealed.
SB804,18,418
46.215
(2) (c) 1. A county department of social services shall develop, under the
19requirements of s. 46.036, plans and contracts for the purchase of care and services,
20except for care and services under subch. III of ch. 49
or s. 301.08 (2) and
21community-based juvenile delinquency-related services. The department of health
22services may review the contracts and approve them if they are consistent with s.
2346.036 and if state or federal funds are available for those purposes. The joint
24committee on finance may require the department of health services to submit the
25contracts to the committee for review and approval. The department of health
1services may not make any payments to a county for programs included in a contract
2under review by the committee. The department of health services shall reimburse
3each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o),
4as appropriate, under s. 46.495.
