SB45,257722Section 2577. 301.26 (4) (b) of the statutes is amended to read: SB45,1280,1223301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on 24the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4.
1Except as provided in pars. (bm), (c), and (cm), liability shall apply to county 2departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising 3jurisdiction under ch. 938 for each person receiving services from the department of 4corrections under s. 938.183 or 938.34 or the department of health services under s. 546.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty 6court jurisdictions, the county of residency within the jurisdiction shall be liable for 7costs under this subsection. Assessment of costs under par. (a) shall also be made 8according to the general placement type or level of care provided, as defined by the 9department, and prorated according to the ratio of the amount designated under s. 1048.526 (3) (c) to the total applicable estimated costs of care, services, and supplies 11provided by the department of corrections under ss. 938.183 and 938.34 and the 12department of health services under s. 46.057 or 51.35 (3). SB45,257813Section 2578. 301.26 (4) (cm) 3. of the statutes is amended to read: SB45,1280,1714301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile 15correctional services under this paragraph shall be equal to the per person daily 16cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional 17services. SB45,257918Section 2579. 301.26 (4) (cx) of the statutes is amended to read: SB45,1281,219301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 2020.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the 21close of a fiscal biennium, the governor shall, to address that deficit, increase each 22of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile 23correctional facility and for care for juveniles transferred from a correctional 24institution by $6, in addition to any increase due to actual costs, in the executive
1budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is 2eliminated. SB45,25803Section 2580. 301.26 (4) (d) 2. of the statutes is repealed. SB45,25814Section 2581. 301.26 (4) (d) 3. of the statutes is amended to read: SB45,1281,95301.26 (4) (d) 3. Beginning on July 1, 2024 2025, and ending on June 30, 2025 62027, the per person daily cost assessment to counties shall be, for care in a Type 1 7juvenile correctional facility, as defined in s. 938.02 (19), $1,268 and, for care for 8juveniles transferred from a juvenile correctional institution under s. 51.35 (3), 9$1,268. SB45,258210Section 2582. 301.50 (1) of the statutes is amended to read: SB45,1281,2011301.50 (1) In this section, “substantial parental relationship” means the 12acceptance and exercise of significant responsibility for the daily supervision, 13education, protection, and care of the child. In evaluating whether an individual 14has had a substantial parental relationship with the child, factors that may be 15considered include, but are not limited to, whether the individual has expressed 16concern for or interest in the support, care, or well-being of the child; whether the 17individual has neglected or refused to provide care or support for the child; and 18whether, with respect to an individual who is or may be the father a parent of the 19child, the individual has expressed concern for or interest in the support, care, or 20well-being of the mother during her parent who gave birth during pregnancy. SB45,258321Section 2583. 301.55 of the statutes is created to read: SB45,1281,2322301.55 Office of the ombudsperson for corrections. (1) Definitions. 23In this section: SB45,1281,2424(a) “Office” means the office of the ombudsperson for corrections. SB45,1282,1
1(b) “Ombudsperson” means the ombudsperson of the office. SB45,1282,72(2) Staff. The ombudsperson may appoint, in the classified service, one 3deputy ombudsperson of the office, and employees for the office to complete the 4ombudsperson’s duties described under this section. The ombudsperson may 5delegate to the deputy ombudsperson or other employees of the office any of the 6ombudsperson’s authority or duties except those described under subs. (5) (b) and 7(7) (b). SB45,1282,88(3) Powers. The ombudsperson may do all of the following: SB45,1282,109(a) Investigate, upon a complaint or upon personal initiative, any matter 10described under sub. (4). SB45,1282,1111(b) Determine the scope and manner of investigations to be made. SB45,1282,1312(c) Enter and inspect, at any time, premises within the control of the 13department. SB45,1282,1814(d) Examine records and documents in the possession of the department, 15including corrections and detention data and medical data maintained by the 16department and classified as private or confidential data on individuals when 17access to the data is necessary for the ombudsperson to perform the powers 18authorized under this subsection. SB45,1282,2019(e) Subpoena witnesses and the production of books, papers, records, and 20documents material to an investigation conducted by the office. SB45,1282,2221(f) Attend any proceedings and deliberations relating to the granting or 22revocation of parole, extended supervision, or probation. SB45,1282,2323(4) Investigations. The ombudsperson may investigate any of the following: SB45,1283,2
1(a) Complaints regarding state correctional institutions and abuse, unfair 2acts, and violations of rights of prisoners and juveniles. SB45,1283,33(b) The policies or practices of the department. SB45,1283,44(c) Any action by the department that may be contrary to law or rule. SB45,1283,75(d) Any other action by the department that has been alleged to be 6unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of the 7department. SB45,1283,98(e) Procedures and practices that may lessen the risk that objectionable 9actions by the department may occur in the future.