Wisconsin Legislature: County Board; Prisons And Prisoners; Sheriffs;

79 Op. Att'y Gen. 8 (1990)

County Board; Prisons And Prisoners; Sheriffs;

A county board is not statutorily obligated to charge costs incurred as a result of court-ordered placement in a secure juvenile detention facility to the budget of the county social service department rather than to the budget of the sheriff's department. A sheriff is statutorily obligated to comply with an order of the juvenile court commanding the sheriff to transport a juvenile to or from a secure detention facility. Section 302.34, Stats., is not applicable to a county that has both a county jail and a cooperative agreement with another county for the provision of secure juvenile detention facilities. OAG 2-90

January 12, 1990

79 Op. Att'y Gen. 8 (1990)

RALPH E. SHARP, JR.,

Corporation Counsel

Dodge County

79 Op. Att'y Gen. 8 (1990)

You indicate that Dodge County does not have a secure juvenile detention facility and therefore has entered into a contract with Waukesha County for the purchase of secure detention bed space for juveniles. Payment for such bed space is made from the budget of the sheriff's department. You also indicate that the juvenile court in your county has recently started to order the detention of various categories of juveniles other than those who have been adjudicated delinquent or against whom delinquency petitions have been filed. Apparently, at the time the contract was signed, it was not contemplated that the sheriff's department would incur costs in connection with proceedings other than delinquency proceedings. You therefore ask whether a county sheriff or a county department of social services is statutorily liable for costs incurred as a result of court-ordered placement in the out-of-county juvenile detention facility for (a) a status offense/violation; (b) violation of a state or federal criminal law; (c) a habitual runaway awaiting further court proceedings; or (d) failure to appear in response to a summons.

79 Op. Att'y Gen. 8 (1990)

I am of the opinion that no statute requires that such costs be paid either by the county sheriff's department or by the county welfare department. It is therefore the obligation of the county board to determine the department to which such costs should be budgeted.

79 Op. Att'y Gen. 8, 9 (1990)

In general, allocation of costs between county departments is the prerogative of the county board. Section 65.90(2), Stats., provides as follows:

79 Op. Att'y Gen. 8, 9 (1990)

Such budget shall list all existing indebtedness and all anticipated revenue from all sources during the ensuing year and shall likewise list all proposed appropriations for each department, activity and reserve account during the said ensuing year. Such budget shall also show actual revenues and expenditures for the preceding year, actual revenues and expenditures for not less than the first 6 months of the current year and estimated revenues and expenditures for the balance of the current year. Such budget shall also show for informational purposes by fund all anticipated unexpended or unappropriated balances, and surpluses.

79 Op. Att'y Gen. 8, 9 (1990)

Under section 48.22(1)(a), the decision as to whether a secure detention facility should be established or provided rests with "[t]he county board of supervisors...." Although chapter 48 is replete with references to duties prescribed by law upon county social services departments in connection with the administration of the juvenile justice system, nothing in that chapter expressly requires that the costs incurred as a result of placement in a secure detention facility must be allocated to the county social services department, if the county board chooses to establish such a facility.

79 Op. Att'y Gen. 8, 9 (1990)

Section 48.06(2)(a) does provide in part as follows:

79 Op. Att'y Gen. 8, 9 (1990)

In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 48.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 48.069. Intake services shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department.

79 Op. Att'y Gen. 8, 10 (1990)

Under section 48.06(2), your county social services department can be assigned the duty and charged with the concomitant cost of providing intake services. But

placement

in a secure detention facility under any of the four situations you describe cannot be characterized as an intake service "for the purpose of screening children taken into custody and not released under s. 48.20(2)" within the meaning of section 48.067(1) or as any other duty performed by an intake worker pursuant to section 48.067(2)-(9). The Legislature also did not see fit to impose any prohibition on the provision of secure detention facilities comparable to that imposed on sheriff's departments under section 48.06(2)(a) in connection with the provision of intake services.

79 Op. Att'y Gen. 8, 10 (1990)

It is remotely possible that costs incurred in some of the circumstances you describe may be contained in the budget submitted by your county social services department to the Wisconsin Department of Health and Social Services pursuant to section 46.031(1)(a). To that extent, your county social services department's approved budget becomes a "contract containing the allocation of funds and such administrative requirements as necessary." Sec. 46.031(2g)(a), Stats. However, any of the costs you describe which are not contained in the budget submitted pursuant to section 46.031(1)(a) do not have to be included in the budget of your county social services department.

79 Op. Att'y Gen. 8, 10 (1990)

You have also given no indication that any other statute relating to the county budgeting process is applicable to the fact situation you describe. In OAG 38-82 (May 20, 1982) (unpublished) at 2, it was stated that "[a] single county sec. 51.42 board . . . is not an independent agency or body corporate and is not

sui

juris

, but, rather, is a county agency." The same is true of a county social services department and a county sheriff's department, although a sheriff does retain some residual independence by virtue of his or her status as a constitutional officer. Absent some statutory provision to the contrary, the county board is therefore free to determine how the cost of placement in a secure juvenile detention facility will be allocated to its constituent agencies or departments.