AB50,25722Section 2572. 299.66 (2) of the statutes is created to read: AB50,1278,63299.66 (2) (a) The department may enter into a memorandum of agreement 4with the U.S. Coast Guard concerning implementation and enforcement of the 5provisions of 33 USC 1322 and any regulations promulgated by the secretary of the 6U.S. department of homeland security under 33 USC 1322 (p) (5). AB50,1278,117(b) If the department enters into a memorandum of agreement with the U.S. 8Coast Guard under par. (a), an employee or agent of the department may board and 9inspect any vessel that is subject to s. 299.65 to determine the state of compliance 10with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any 11regulations promulgated thereunder. AB50,257312Section 2573. 301.12 (1) of the statutes is amended to read: AB50,1278,1713301.12 (1) Liability and the collection and enforcement of such liability for the 14care, maintenance, services, and supplies specified in this section is governed 15exclusively by this section, except in cases of child support ordered by a court under 16s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 17or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats. AB50,257418Section 2574. 301.12 (2m) of the statutes is amended to read: AB50,1278,2119301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 20and older adults receiving care, maintenance, services, and supplies provided by 21prisons named in s. 302.01. AB50,257522Section 2575. 301.12 (14) (a) of the statutes is amended to read: AB50,1279,1023301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person 24specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
1years of age minors in residential, nonmedical facilities such as group homes, foster 2homes, residential care centers for children and youth, and juvenile correctional 3institutions is determined in accordance with the cost-based fee established under 4s. 301.03 (18). The department shall bill the liable person up to any amount of 5liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party 6benefits, subject to rules that include formulas governing ability to pay 7promulgated by the department under s. 301.03 (18). Any liability of the resident 8not payable by any other person terminates when the resident reaches age 17 9becomes an adult, unless the liable person has prevented payment by any act or 10omission. AB50,257611Section 2576. 301.12 (14) (e) 1. of the statutes is amended to read: AB50,1279,2112301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) 13(a), 938.357 (5m) (a), or 938.363 (2) or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 14(5m) (a), 2023 stats., for support determined under this subsection constitutes an 15assignment of all commissions, earnings, salaries, wages, pension benefits, income 16continuation insurance benefits under s. 40.62, duty disability benefits under s. 1740.65, benefits under ch. 102 or 108, and other money due or to be due in the future 18to the county department under s. 46.215, 46.22, or 46.23 in the county where the 19order was entered or to the department, depending upon the placement of the child 20as specified by rules promulgated under subd. 5. The assignment shall be for an 21amount sufficient to ensure payment under the order. AB50,257722Section 2577. 301.26 (4) (b) of the statutes is amended to read: AB50,1280,1223301.26 (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). AB50,257813Section 2578. 301.26 (4) (cm) 3. of the statutes is amended to read: AB50,1280,1714301.26 (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. AB50,257918Section 2579. 301.26 (4) (cx) of the statutes is amended to read: AB50,1281,219301.26 (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. AB50,25803Section 2580. 301.26 (4) (d) 2. of the statutes is repealed. AB50,25814Section 2581. 301.26 (4) (d) 3. of the statutes is amended to read: AB50,1281,95301.26 (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. AB50,258210Section 2582. 301.50 (1) of the statutes is amended to read: AB50,1281,2011301.50 (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. AB50,258321Section 2583. 301.55 of the statutes is created to read: AB50,1281,2322301.55 Office of the ombudsperson for corrections. (1) Definitions. 23In this section: AB50,1281,2424(a) “Office” means the office of the ombudsperson for corrections. AB50,1282,1
1(b) “Ombudsperson” means the ombudsperson of the office. AB50,1282,72(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). AB50,1282,88(3) Powers. The ombudsperson may do all of the following: AB50,1282,109(a) Investigate, upon a complaint or upon personal initiative, any matter 10described under sub. (4).