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MLJ:cdc
2021 - 2022 LEGISLATURE
September 15, 2021 - Introduced by Senators Ballweg, Felzkowski, Cowles,
Feyen and Wanggaard, cosponsored by Representatives Petersen, Callahan,
Edming, James, Moses, Mursau, Oldenburg, Penterman, Spiros, Steffen,
Thiesfeldt, Knodl and Sinicki. Referred to Committee on Transportation and
Local Government.
SB558,1,3 1An Act to amend 16.51 (7), 20.410 (1) (c), 20.410 (3) (c) and 62.03 (1); and to
2create
60.33 (10p), 61.25 (11) and 62.09 (11) (m) of the statutes; relating to:
3law enforcement investigative services and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Corrections must reimburse counties for
certain expenses related to an action or proceeding involving a prisoner in a state
prison or a juvenile in a juvenile correctional facility in the county. This bill adds that
DOC must also reimburse any county, city, village, or town that provides law
enforcement investigative services for an incident involving a prisoner in a state
prison or a juvenile in a juvenile correctional facility.
Under current DOC practice in accordance with memoranda of understanding,
DOC reimburses the village of Allouez and Dodge County specific amounts at specific
intervals during the year for law enforcement investigative services. This bill
provides that, notwithstanding the statutory changes contained in the bill, the
village of Allouez and Dodge County may continue to be reimbursed in accordance
with their MOUs. This bill also decreases DOC's general operations appropriation
in the amounts currently spent annually under these MOUs to be reallocated to law
enforcement investigative services reimbursement.

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:
SB558,1 1Section 1 . 16.51 (7) of the statutes is amended to read:
SB558,3,32 16.51 (7) Audit claims for expenses in connection with prisoners and
3juveniles in juvenile correctional facilities.
Receive, examine, determine, and
4audit claims, duly certified and approved by the department of corrections, from the
5county clerk of any county in, city, village, or town, on behalf of the county, city,
6village, or town,
which are presented for payment to reimburse the county
7reimbursement for certain expenses incurred or paid by it in reference to all matters
8growing out of actions and proceedings involving prisoners in state prisons, as
9defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s.
10938.02 (10p), including prisoners or juveniles transferred to a mental health
11institute for observation or treatment, when the. The department shall reimburse
12a county under this subsection for expenses relating to actions or
proceedings that
13are commenced in counties in which the prisons or juvenile correctional facilities are
14located by a district attorney or by the prisoner or juvenile as a postconviction remedy
15or a matter involving the prisoner's status as a prisoner or the juvenile's status as
16a resident of a juvenile correctional facility and for certain expenses incurred or paid
17by it the county in reference to holding those juveniles in secure custody while those
18actions or proceedings are pending. The department shall reimburse a county, city,
19village, or town under this subsection for expenses relating to law enforcement
20investigative services that it provided for an incident involving a prisoner in a state
21prison or a juvenile in a juvenile correctional facility within its jurisdiction.


1Expenses shall only include the amounts that were necessarily incurred and actually
2paid and shall be no more than the legitimate cost would be to any other county
3jurisdiction had the offense or crime occurred therein.
SB558,2 4Section 2 . 20.410 (1) (c) of the statutes is amended to read:
SB558,3,85 20.410 (1) (c) Reimbursement claims of counties or municipalities containing
6state prisons.
A sum sufficient to pay all valid claims made by county clerks of
7counties, cities, villages, and towns containing state prisons as provided in s. 16.51
8(7).
SB558,3 9Section 3 . 20.410 (3) (c) of the statutes is amended to read:
SB558,3,1310 20.410 (3) (c) Reimbursement claims of counties or municipalities containing
11juvenile correctional facilities.
A sum sufficient to pay all valid claims made by
12county clerks of counties, cities, villages, or towns containing state juvenile
13correctional facilities as provided in s. 16.51 (7).
SB558,4 14Section 4 . 60.33 (10p) of the statutes is created to read:
SB558,3,1915 60.33 (10p) Claims in towns containing state institutions. Make a certified
16claim against the state, without direction from the board, in all cases in which the
17reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department
18of administration. The forms shall contain information required by the clerk and
19shall be filed annually with the department of corrections on or before June 1.
SB558,5 20Section 5 . 61.25 (11) of the statutes is created to read:
SB558,3,2521 61.25 (11) To make a certified claim against the state, without direction from
22the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon
23forms prescribed by the department of administration. The forms shall contain
24information required by the clerk and shall be filed annually with the department
25of corrections on or before June 1.
SB558,6
1Section 6. 62.03 (1) of the statutes is amended to read:
SB558,4,42 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j)
3and, (k), and (m), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st
4class cities under special charter.
SB558,7 5Section 7 . 62.09 (11) (m) of the statutes is created to read:
SB558,4,116 62.09 (11) (m) The clerk of any city that is entitled to reimbursement under s.
716.51 (7) shall make a certified claim against the state, without direction from the
8council, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms
9prescribed by the department of administration. The forms shall contain
10information required by the clerk and shall be filed annually with the department
11of corrections on or before June 1.
SB558,8 12Section 8. Fiscal changes.
SB558,4,2013 (1) Law enforcement investigative services. In the schedule under s. 20.005
14(3) for the appropriation to the department of corrections under s. 20.410 (1) (a), the
15dollar amount for fiscal year 2021-22 is decreased by $142,000 to reallocate those
16funds to reimburse law enforcement investigative services as provided under s. 16.51
17(7). In the schedule under s. 20.005 (3) for the appropriation to the department of
18corrections under s. 20.410 (1) (a), the dollar amount for fiscal year 2022-23 is
19decreased by $142,000 to reallocate those funds to reimburse law enforcement
20investigative services as provided under s. 16.51 (7).
SB558,9 21Section 9. Nonstatutory provisions.
SB558,5,222 (1) Village of Allouez reimbursements for law enforcement investigative
23services.
Notwithstanding ss. 16.51 (7) and 61.25 (11), the Village of Allouez may be
24reimbursed for law enforcement investigative services in accordance with the

1memorandum of understanding that is in effect on the effective date of this
2subsection.
SB558,5,63 (2) Dodge County reimbursements for law enforcement investigative
4services.
Notwithstanding s. 16.51 (7), Dodge County may be reimbursed for law
5enforcement investigative services in accordance with the memorandum of
6understanding that is in effect on the effective date of this subsection.
SB558,5,77 (End)
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