AB68,2682
13Section
2682. 301.03 (12m) of the statutes is created to read:
AB68,1408,1514
301.03
(12m) Cooperate and coordinate its activities with the University of
15Wisconsin System to provide a baccalaureate degree program for prisoners.
AB68,2683
16Section 2683
. 301.035 (2) of the statutes is amended to read:
AB68,1408,1917
301.035
(2) Assign hearing examiners from the division to preside over
18hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9),
302.115, 938.357 (5), 973.10
19and 975.10 (2) and ch. 304.
AB68,2684
20Section
2684. 301.08 (1) (b) 3. of the statutes is amended to read:
AB68,1409,721
301.08
(1) (b) 3. Contract with public, private, or voluntary agencies for the
22supervision, maintenance, and operation of juvenile correctional facilities,
23residential care centers for children and youth, as defined in s. 938.02 (15d), and
24secured residential care centers for children and youth for the placement of juveniles
25who have been convicted under s. 938.183 or adjudicated delinquent under s.
1938.183
, or 938.34
(4d), (4h), or (4m)
, or s. 938.34 (4d) or (4h), 2019 stats. The
2department may designate a juvenile correctional facility or a residential care center
3for children and youth contracted for under this subdivision as a Type 2 juvenile
4correctional facility, as defined in s. 938.02 (20),
2019 stats., and may designate a
5residential care center for children and youth contracted for under this subdivision
6as a Type 2 residential care center for children and youth, as defined in s. 938.02
7(19r)
, 2019 stats.
AB68,2685
8Section 2685
. 301.12 (2) of the statutes is amended to read:
AB68,1410,59
301.12
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
10including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34
(4h) or (4m),
11or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies
12provided by any institution in this state operated or contracted for by the
13department, in which the state is chargeable with all or part of the person's care,
14maintenance, services, and supplies, and the person's property and estate, including
15the homestead, and the spouse of the person, and the spouse's property and estate,
16including the homestead, and, in the case of a minor child, the parents of the person,
17and their property and estates, including their homestead, and, in the case of a
18foreign child described in s. 48.839 (1) who became dependent on public funds for his
19or her primary support before an order granting his or her adoption, the resident of
20this state appointed guardian of the child by a foreign court who brought the child
21into this state for the purpose of adoption, and his or her property and estate,
22including his or her homestead, shall be liable for the cost of the care, maintenance,
23services, and supplies in accordance with the fee schedule established by the
24department under s. 301.03 (18). If a spouse,
widow
surviving spouse, or minor, or
25an incapacitated person, may be lawfully dependent upon the property for his or her
1support, the court shall release all or such part of the property and estate from the
2charges that may be necessary to provide for that person. The department shall
3make every reasonable effort to notify the liable persons as soon as possible after the
4beginning of the maintenance, but the notice or the receipt of the notice is not a
5condition of liability.
AB68,2686
6Section 2686
. 301.12 (2m) of the statutes is amended to read:
AB68,1410,97
301.12
(2m) The liability specified in sub. (2) shall not apply to
persons 17 and
8older adults receiving care, maintenance, services
, and supplies provided by prisons
9named in s. 302.01.
AB68,2687
10Section 2687
. 301.12 (14) (a) of the statutes is amended to read:
AB68,1410,2111
301.12
(14) (a) Except as provided in pars. (b) and (c), liability of a person
12specified in sub. (2) or s. 301.03 (18) for care and maintenance of
persons under 17
13years of age minors in residential, nonmedical facilities such as group homes, foster
14homes, residential care centers for children and youth, and juvenile correctional
15institutions is determined in accordance with the cost-based fee established under
16s. 301.03 (18). The department shall bill the liable person up to any amount of
17liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
18benefits, subject to rules that include formulas governing ability to pay promulgated
19by the department under s. 301.03 (18). Any liability of the resident not payable by
20any other person terminates when the resident
reaches age 17 becomes an adult,
21unless the liable person has prevented payment by any act or omission.
AB68,2688
22Section
2688. 301.16 (1w) of the statutes is amended to read:
AB68,1410,2523
301.16
(1w) The department
shall
may establish one or more
Type 1 juvenile
24correctional facilities secured residential care centers for children and youth, as
25enumerated in
2017 Wisconsin Act 185, section
110 (10) (a).
AB68,2689
1Section
2689. 301.16 (1x) of the statutes is amended to read:
AB68,1411,92
301.16
(1x) Inmates from the Wisconsin state prisons may be transferred to the
3institutions under this section, except that inmates may not be transferred to a
Type
41 juvenile correctional facility secured residential care center for children and youth 5established under sub. (1w) unless required under s. 973.013 (3m). Inmates
6transferred under this subsection shall be subject to all laws pertaining to inmates
7of other penal institutions of this state. Officers and employees of the institutions
8shall be subject to the same laws as pertain to other penal institutions. Inmates shall
9not be received on direct commitment from the courts.
AB68,2690
10Section
2690. 301.18 (1) (fm) of the statutes is amended to read:
AB68,1411,1311
301.18
(1) (fm) Provide the facilities necessary for each
Type 1 juvenile
12correctional facility secured residential care center for children and youth 13established under s. 301.16 (1w).
AB68,2691
14Section 2691
. 301.20 of the statutes is amended to read:
AB68,1412,2
15301.20 Training school for delinquent boys. The department, with the
16approval of the governor, may purchase or accept a gift of land for a suitable site for
17an additional training school for delinquent boys and erect and equip such buildings
18as it considers necessary at such time as funds may be allocated for that purpose by
19the building commission. The training school or other additional facilities for
20delinquent boys financed by the authorized 1965-67 building program shall be
21located north of a line between La Crosse and Manitowoc. The department shall
22operate and maintain the institution for the treatment of delinquent boys who are
23placed under the supervision of the department under s. 938.34
(4h) or (4m). All laws
24pertaining to the care of juveniles received under s. 938.34 shall apply. Officers and
1employees of the institution are subject to the same laws as apply to other facilities
2described in s. 938.52.
AB68,2692
3Section
2692. 301.26 (4) (b) of the statutes is amended to read:
AB68,1412,174
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
5the basis of the per person per day cost estimate specified in par. (d) 2.
, 3., and 4.
6Except as provided in pars. (bm), (c), and (cm), liability shall apply to county
7departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising
8jurisdiction under ch. 938 for each person receiving services from the department of
9corrections under s. 938.183 or 938.34 or the department of health services under s.
1046.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty
11court jurisdictions, the county of residency within the jurisdiction shall be liable for
12costs under this subsection. Assessment of costs under par. (a) shall also be made
13according to the general placement type or level of care provided, as defined by the
14department, and prorated according to the ratio of the amount designated under s.
1548.526 (3) (c) to the total applicable estimated costs of care, services, and supplies
16provided by the department of corrections under ss. 938.183 and 938.34 and the
17department of health services under s. 46.057 or 51.35 (3).
AB68,2693
18Section
2693. 301.26 (4) (cm) 1. of the statutes is amended to read:
AB68,1413,819
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
20shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
21appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
22juvenile correctional facilities, secured residential care centers for children and
23youth, alternate care providers, and community supervision providers for costs
24incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over
25who has been placed in a juvenile correctional facility based on a delinquent act that
1is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36,
21999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31,
3941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1),
4or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an
5attempted violation of s. 943.32 (2) and for the care of any juvenile
10 12 years of age
6or over who has been placed in a juvenile correctional facility or secured residential
7care center for children and youth for attempting or committing a violation of s.
8940.01 or for committing a violation of s. 940.02 or 940.05.
AB68,2694
9Section
2694. 301.26 (4) (cm) 3. of the statutes is amended to read:
AB68,1413,1210
301.26
(4) (cm) 3. The per person daily reimbursement rate for juvenile
11correctional services under this paragraph shall be equal to the per person daily cost
12assessment to counties under par. (d) 2.
, 3., and 4. for juvenile correctional services.
AB68,2695
13Section
2695. 301.26 (4) (cx) of the statutes is amended to read: