AB68,1413,8 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing juvenile correctional facilities, secured residential care centers for children and youth, alternate care providers, and community supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an attempted violation of s. 943.32 (2) and for the care of any juvenile 10 12 years of age or over who has been placed in a juvenile correctional facility or secured residential care center for children and youth for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB68,2694 Section 2694. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB68,1413,12 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.

AB68,2695 Section 2695. 301.26 (4) (cx) of the statutes is amended to read:

AB68,1413,21 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall secretary may, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

AB68,2696 Section 2696 . 301.26 (4) (d) 2. of the statutes is amended to read:

AB68,1414,5 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, The department shall specify the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution facility under s. 51.35 (3). The department may specify the per person daily cost assessment to counties at the same rate at which the department reimburses the department of health services for the per person daily cost of providing services for juveniles placed at the Mendota juvenile treatment center under s. 46.057 (2).

AB68,2697 Section 2697 . 301.26 (4) (d) 2. of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1414,14 301.26 (4) (d) 2. The department shall specify the per person daily cost assessment to counties for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and for care for juveniles transferred from a juvenile correctional facility under s. 51.35 (3). The department may specify the per person daily cost assessment to counties at the same rate at which the department reimburses the department of health services for the per person daily cost of providing services for juveniles placed at the Mendota juvenile treatment center under s. 46.057 (2).

AB68,2698 Section 2698. 301.26 (4) (d) 3. of the statutes is repealed.

AB68,2699 Section 2699. 301.26 (4) (d) 5. of the statutes is amended to read:

AB68,1415,9 301.26 (4) (d) 5. The per person daily cost assessment to counties for community supervision services under s. 938.533, 2019 stats., shall be an amount determined by the department based on the cost of providing those services. In determining that assessment, the department may establish multiple rates for varying types and levels of service. The department shall calculate the amounts of that assessment and, if applicable, those rates prior to the beginning of each fiscal year and the secretary shall submit that proposed assessment and, if applicable, those proposed rates to the cochairpersons of the joint committee on finance for review of the committee. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing that proposed assessment and, if applicable, those proposed rates within 14 working days after the date of the secretary's submittal, the department may implement that proposed assessment and those proposed rates. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing that proposed assessment and, if applicable, those proposed rates, the department may implement that proposed assessment and those proposed rates only as approved by the committee.

AB68,2700 Section 2700. 301.26 (4) (eg) of the statutes is amended to read:

AB68,1415,14 301.26 (4) (eg) For community supervision services under s. 938.533 (2), 2019 stats., all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hr).

AB68,2701 Section 2701. 301.37 (title) of the statutes is amended to read:

AB68,1415,17 301.37 (title) County buildings Building standards; establishment, approval, inspection.

AB68,2702 Section 2702. 301.37 (1m) of the statutes is amended to read:

AB68,1416,3 301.37 (1m) The rules promulgated by the department under sub. (1) shall allow a secured residential care center for children and youth to use less the least restrictive physical security barriers than a Type 1 juvenile correctional facility while ensuring necessary to ensure the safety of the public, staff, and youth. The rules promulgated under sub. (1) shall allow a secured residential care center for children and youth to be located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility. A secured residential care center for children and youth that is located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility shall provide trauma-informed, evidence-based programming and services as required by the department under s. 938.48 (16) (b).

AB68,2703 Section 2703 . 301.50 (1) of the statutes is amended to read:

AB68,1416,14 301.50 (1) In this section, “substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father a parent of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her parent who gave birth during pregnancy.

AB68,2704 Section 2704 . 302.05 (title) of the statutes is amended to read:

AB68,1416,16 302.05 (title) Wisconsin substance abuse earned release program.

AB68,2705 Section 2705 . 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB68,1416,25 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

AB68,2706 Section 2706. 302.05 (1) (b) of the statutes is amended to read: