Chapter 301

301.08(2)(c) (c)

301.08(2)(c)1. 1. Purchase of service contracts shall be written in accordance with rules and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and for each service the number of clients to be served, number of client service units, the unit rate per client service and the total dollar amount for each service.

301.08(2)(c)2. 2. Payments under a contract may be made on the basis of actual allowable costs or on the basis of a unit rate per client service multiplied by the actual client units furnished each month. The contract may be renegotiated when units vary from the contracted number. The purchaser shall determine actual marginal costs for each service unit less than or in addition to the contracted number.

301.08(2)(c)3. 3. For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department.

301.08(2)(c)4. 4. Reimbursement to an agency may be based on total costs agreed to by the parties regardless of the actual number of service units to be furnished, when the agency is entering into a contract for a new or expanded service that the purchaser recognizes will require a start-up period not to exceed 180 days. The reimbursement applies only if identified client needs necessitate the establishment of a new service or expansion of an existing service.

301.08(2)(c)5. 5. If the purchaser finds it necessary to terminate a contract prior to the contract expiration date for reasons other than nonperformance by the provider, actual cost incurred by the provider may be reimbursed for an amount determined by mutual agreement of the parties.

301.08(2)(c)6. 6. Advance payments of up to one-twelfth of an annual contract may be allowed under the contract. If the advance payment exceeds $10,000, the provider shall supply a surety bond for an amount equal to the amount of the advance payment applied for. No surety bond is required if the provider is a state agency. The cost of the surety bond shall be allowable as an expense.

301.08(2)(d) (d) For purposes of this subsection and as a condition of reimbursement, each provider under contract shall:

301.08(2)(d)1. 1. Except as provided in s. 46.036 (4) (a), maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department.

301.08(2)(d)2. 2. Cooperate with the department and purchaser in establishing costs for reimbursement purposes.

301.08(2)(d)3. 3. Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this subdivision as provided in s. 46.036 (4) (c).

301.08(2)(d)4. 4. Transfer a client from one category of care or service to another only with the approval of the purchaser.

301.08(2)(d)5. 5. Charge a uniform schedule of fees established under s. 301.03 (18) unless waived by the purchaser with approval of the department. Whenever providers recover funds attributed to the client, the funds shall offset the amount paid under the contract.

301.08(2)(e) (e) Except as provided in par. (em), the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.

301.08(2)(em) (em)

301.08(2)(em)1. 1. In this paragraph:

301.08(2)(em)1.a. a. “Provider” means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.

301.08(2)(em)1.b. b. “Rate-based service” means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.

301.08(2)(em)2. 2. If revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider to retain from the surplus up to 5 percent of the revenue received under the contract unless a uniform rate is established by rule under subd. 6., in which case the contract shall allow the provider to retain the uniform percentage rate established by the rule. The retained surplus is the property of the provider.

301.08(2)(em)3. 3. If on December 31 of any year the provider’s accumulated surplus from all contract periods ending during that year for a rate-based service exceeds the allowable retention rate under subd. 2., the provider shall provide written notice of that excess to all purchasers of the rate-based service. Upon the written request of such a purchaser received no later than 6 months after the date of the notice, the provider shall refund the purchaser’s proportional share of that excess. If the department determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department may seek to recover funds after the 6-month period has expired. The department shall commence any audit or fiscal review under this subdivision within 6 years after the end of the contract period.

301.08(2)(em)4. 4. Notwithstanding subd. 2., a county department under s. 46.215 providing client services in a county having a population of 750,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

301.08(2)(em)5. 5. All providers that are subject to this paragraph shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider’s contract and any other standards that the department may prescribe.

301.08(2)(em)6. 6. The department, in consultation with the department of health services and the department of children and families, shall promulgate rules to implement this paragraph including all of the following:

301.08(2)(em)6.a. a. Requiring that contracts for rate-based services under this subsection allow a provider to retain from any surplus revenue up to 5 percent of the total revenue received under the contract, or a different percentage rate determined by the department. The percentage rate established under this subd. 6. a. shall apply uniformly to all rate-based service contracts under this paragraph.

301.08(2)(em)6.b. b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this paragraph.

301.08(2)(f) (f) Contracts may be renegotiated by the purchaser under conditions specified in the contract.

301.08(2)(g) (g) The service provider under this section may appeal decisions of the purchaser in accordance with terms and conditions of the contract and ch. 68 or 227.

301.08(3) (3) Notification concerning plans for transitional housing.

301.08(3)(a) (a) In this subsection, “political subdivision” means a city, village, town or county.

301.08(3)(b) (b) Before contracting under this section for transitional housing for the temporary placement of persons on parole, extended supervision or probation, the department shall notify all of the following of the proposed contract:

301.08(3)(b)1. 1. The police department of the political subdivision in which the transitional housing will be located.

301.08(3)(b)2. 2. The sheriff for the county in which the transitional housing will be located.

301.08(3)(b)3. 3. The chief elected official of the political subdivision in which the transitional housing will be located.

301.08(3)(b)4. 4. The newspaper designated as the official newspaper of the political subdivision in which the transitional housing will be located, or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under s. 985.03 as an official newspaper.

301.08(3)(c) (c) A person notified under par. (b) of a proposed contract for transitional housing shall notify the general public of the proposed contract in a manner and to the extent that the person determines is appropriate.

301.08 History History: 1989 a. 31, 107; 1995 a. 27, 352; 1997 a. 27, 205, 237, 275, 283; 1999 a. 9, 185; 2001 a. 59; 2005 a. 344; 2013 a. 20; 2015 a. 55; 2017 a. 59, 185; 2017 a. 207 s. 5.

301.085 301.085 Payment of benefits.

301.085(1) (1) The department may make payments of benefits directly to persons who are authorized to receive those payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of making those payments.

301.085(2) (2) The department may make payments for juvenile correctional services directly to recipients, vendors, or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have those payments made on their behalf.

301.085(3) (3) The county department under s. 46.215, 46.22 or 46.23 shall provide the department with information which the department shall use to determine each person’s eligibility and amount of payment. The county department under s. 46.215, 46.22 or 46.23 shall provide the department all necessary information in the manner prescribed by the department.

301.085(4) (4) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 301.26.

301.085 History History: 1995 a. 27; 2015 a. 55.

301.09 301.09 Grants for pilot programs or demonstration projects. Whenever the department provides a grant after August 15, 1991, for a pilot program or demonstration project, the department shall do all of the following:

301.09(1) (1) State on the grant application that the funding for the program or project will be provided by the department once or for a limited period of time, whichever is applicable.

301.09(2) (2) Require the applicant to provide, as part of the grant application, a plan that describes:

301.09(2)(a) (a) How activities funded by the grant will be phased out or how the program or project will be eliminated; or

301.09(2)(b) (b) What other funding sources will be available to support the program or project when state funding is eliminated.

301.09 History History: 1991 a. 39.

301.095 301.095 Council on offender reentry. The council on offender reentry shall do all of the following:

301.095(1) (1) Inform the public as to the time and place of council meetings and, for at least one meeting per year, encourage public participation and receive public input in a means determined by the chairperson.

301.095(2) (2) Coordinate reentry initiatives across the state and research federal grant opportunities to ensure initiatives comply with eligibility requirements for federal grants.

301.095(3) (3) Identify methods to improve collaboration and coordination of offender transition services, including training across agencies and sharing information that will improve the lives of the offenders and the families of offenders.

301.095(4) (4) Establish a means to share data, research, and measurement resources that relate to reentry initiatives.

301.095(5) (5) Identify funding opportunities that should be coordinated across agencies to maximize the use of state and community-based services as the services relate to reentry.

301.095(6) (6) Identify areas in which improved collaboration and coordination of activities and programs would increase effectiveness or efficiency of services.

301.095(7) (7) Promote research and program evaluation that can be coordinated across agencies with an emphasis on research and evaluation practices that are based on evidence of success in treatment and intervention programs.

301.095(8) (8) Identify and review existing reentry policies, programs, and procedures to ensure that each policy, program, and procedure is based on evidence of success in allowing an offender to reenter the community, improves the chances of successful offender reentry into the community, promotes public safety, and reduces recidivism.

301.095(9) (9) Promote collaboration and communication between the department and community organizations that work in offender reentry.

301.095(10) (10) Work to include victims in the reentry process and promote services for victims, including payments of any restitution and fines by the offenders, safety training, and support and counseling, while the offenders are incarcerated and after the offenders are released.

301.095(11) (11) Annually submit a report to the governor, any relevant state agencies, as identified by the council, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:

301.095(11)(a) (a) The progress of the council’s work.

301.095(11)(b) (b) Any impact the council’s work has had on recidivism.

301.095(11)(c) (c) The effectiveness of agency coordination and communication.

301.095(11)(d) (d) The implementation of a reentry strategic plan.

301.095(11)(e) (e) Recommendations on legislative initiatives and policy initiatives that are consistent with the duties of the council.

301.095 History History: 2009 a. 28, 104.

301.098 301.098 Community reentry centers.

301.098(1) (1) In this section:

301.098(1)(a) (a) “Community reentry center” means a community site that offers initial points of contact for all of the following services to an individual at the time of his or her release from a state correctional institution upon completion of his or her sentence or to parole or extended supervision: health, identification, financial, housing, employment, education, and supervision.

301.098(1)(b) (b) “Nonprofit organization” means an organization described in section 501 (c) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

301.098(1)(c) (c) “Public agency” has the meaning given in s. 106.13 (3m) (a) 2.

301.098(2) (2) The department shall contract with at least one nonprofit organization, for-profit entity, or public agency to establish a community reentry center and shall consider contracting to establish a community reentry center in each region of the state. The contracted nonprofit organization, for-profit entity, or public agency shall oversee, coordinate, and develop memoranda of understanding with other organizations to provide services that will be housed at the community reentry center.

301.098(3) (3) 

301.098(3)(a) (a) To receive a contract under sub. (2), a nonprofit organization, for-profit entity, or public agency shall operate a community reentry center in a location that is easily accessible by the population served and accessible by public transportation, if available. Organizations that provide services housed at the community reentry center shall, at a minimum, be able to assess and assist individuals after release from incarceration to community supervision by providing all of the following services:

301.098(3)(a)1. 1. Health: assistance in identifying and accessing appropriate health care services and mental health services based on the individual’s needs.

301.098(3)(a)2. 2. Identification: assistance in obtaining identification documents such as the individual’s birth certificate, social security card, state identification card, or driver’s license, if eligible, including any necessary forms and instructions.

301.098(3)(a)3. 3. Financial: assistance in creating a bank account, including obtaining a debit card at the time of the individual’s initial contact with the community reentry center.

301.098(3)(a)4. 4. Housing: assistance in obtaining access to emergency housing options for homeless individuals and contacting landlords that rent to formerly incarcerated individuals.

301.098(3)(a)5. 5. Employment: assistance in creating a resume, electronically submitting the resume where needed, and contacting relevant employment agencies to secure employment.

301.098(3)(a)6. 6. Education: assistance in identifying whether and how to proceed with the next level of education or vocational training the individual may want or need.

301.098(3)(a)7. 7. Supervision: a secured office space for department supervision agents to meet with individuals on community supervision.

301.098(3)(b) (b) A nonprofit organization, for-profit entity, or public agency contracted with under sub. (2) shall develop multidisciplinary support teams with participating organizations that provide services under par. (a) at the community reentry center to review the needs and assessments of participating individuals.

301.098(3)(c) (c) In awarding contracts under sub. (2), the department shall prioritize contracts with nonprofit organizations, for-profit entities, or public agencies that do any of the following:

301.098(3)(c)1. 1. Collaborate with organizations that provide services that will be housed at the community reentry center, justice-involved individuals, criminal justice coordinating councils, technical colleges, and workforce investment boards, as evidenced by letters of support.

301.098(3)(c)2. 2. Propose to operate a community reentry center in counties with the highest numbers of individuals being released from incarceration to those counties.

301.098(4) (4) The department and the nonprofit organization, for-profit entity, or public agency contracted with under sub. (2) shall determine, by agreement, when department staff will be present on site, and the department shall provide department staff pursuant to the agreement to provide case management to eligible individuals at a community reentry center operated under sub. (3).

301.098(5) (5) 

301.098(5)(a) (a) A contract between the department and a nonprofit organization, for-profit entity, or public agency under sub. (2) shall require that the nonprofit organization, for-profit entity, or public agency define data collection requirements and track and compile data for all organizations that provide services housed at the community reentry center. The data shall include, at a minimum, all of the following:

301.098(5)(a)1. 1. The number of individuals that participate in services provided at the community reentry center.