301.26(7)(b)1.

1. Each county’s proportion of the total statewide juvenile population for the most recent year for which that information is available.

301.26(4)(cx)

(cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under § 20.410 (3)(hm) at the close of a fiscal biennium, the governor shall, 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 institution and for care for juveniles transferred from a correctional institution by $17, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under § 20.410 (3)(hm) is eliminated.

301.26(4)(d)1.

1. Except as provided in pars. (e) to (g), for services under § 938.34, all payments and deductions made under this subsection and uniform fee collections made under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(hm).

301.26(4)(d)1m.

1m. Except as provided in pars. (e) to (g), for services under §§ 48.366 and 938.183, all payments and deductions made under this subsection and uniform fee collections made under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(hm).

301.26(4)(e)

(e) For foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(ho).

301.26(4)(ed)

(ed) For foster care, group home care, and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(ho).

301.26

301.26 Community youth and family aids.

301.26(1)

(1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of juvenile delinquency-related services under ch. 938, and shall provide consultation and technical assistance to aid counties in implementation and service delivery. The department shall establish information systems, monitoring and evaluation procedures to report periodically to the governor and legislature on the state impact of this section.

301.26(2)

(2) Receipt of funds.

301.26(2)(b)

(b) Uniform fees collected or received by counties under § 301.03 (18) for services provided under this section shall be applied to cover the cost of the services.

301.26(2m)

(2m) Public participation process. In determining the use of funds under this section, county departments under §§ 46.21, 46.22 and 46.23 shall assess needs using an open public participation process which involves representatives of those receiving services.

301.26(3)

(3) Grants-in-aid.

301.26(4)

(4) State services.

301.26(4)(b)

(b) Assessment of costs under para. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under § 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under § 48.366, 938.183, or 938.34 or the department of health services under § 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under para. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under §§ 48.366, 938.183, and 938.34 and the department of health services under § 46.057 or 51.35 (3).

301.26(4)(cm)

(cm)

301.26(4)(cm)1.

1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under § 20.410 (3)(cg) to the appropriations under § 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, aftercare supervision providers, and corrective sanctions 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 § 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 § 943.32 (2) and for the care of any juvenile 10 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 § 940.01 or for committing a violation of § 940.02 or 940.05.

301.26(2)(a)

(a) All funds to counties under this section shall be allocated to county departments under §§ 46.21, 46.22 and 46.23 subject to ss. 46.495 (2) and 301.031, except that monthly advance payments to the counties may be less than one-twelfth of the contracted amounts. No reimbursement may be made to any multicounty department until the counties which established the department have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.

301.26(2)(c)

(c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 938, except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under § 46.17, 46.175, or 301.37, for reimbursement of costs under § 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under § 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile detention facilities.

301.26(3)(a)

(a) Receipt of funds under this subsection is contingent upon use of a public participation process required under sub. (2m).

301.26(3)(c)

(c) Within the limits of the appropriations under § 20.410 (3)(cd) and (ko), the department shall allocate funds to each county for services under this section.

301.26(3)(dm)

(dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county’s base allocation.

301.26(3)(e)

(e) The department may carry forward $500,000 or 10% of its funds allocated under this subsection and not encumbered or carried forward under para. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within § 20.410 (3)(cd) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services. The allocation does not affect a county’s base allocation.

301.26(3)(em)

(em) The department may carry forward any emergency funds allocated under sub. (e) and not encumbered or carried forward under para. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within § 20.410 (3)(cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (e). The allocation does not affect a county’s base allocation.

301.26(4)(bm)

(bm) Notwithstanding para. (b), the county department under § 46.21, 46.22 or 46.23 of the county of residency of a juvenile who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under para. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under para. (b).

301.26(4)(eg)

(eg) For corrective sanctions services under § 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(hr).

301.26(4)(a)

(a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under § 20.410 (3)(cd) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under § 48.366, 938.183 or 938.34 or the department of health services for each person receiving services under § 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county’s allocation the cost of care, services and supplies provided to a person subject to an order under § 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under § 20.410 (3)(cd).

301.26(4)(d)3.

3. Beginning on July 1, 2012, and ending on June 30, 2013, the per person daily cost assessment to counties shall be $289 for care in a Type 1 juvenile correctional facility, as defined in § 938.02 (19), $289 for care for juveniles transferred from a juvenile correctional institution under § 51.35 (3), $100 for departmental corrective sanctions services, and $40 for departmental aftercare services.

301.26(4)(d)4.

4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

301.26(4)(dt)

(dt) Except as provided in pars. (e) to (g), for serious juvenile offender services, all uniform fee collections under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(hm).

301.26(4)(c)

(c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under § 20.410 (3)(hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under § 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

301.26(4)(ct)2.

2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under § 20.410 (3)(hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under § 20.410 (3)(ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

301.26(4)(g)

(g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under § 301.03 (18) shall be credited to the appropriation account under § 20.410 (3)(hm).

301.26(4)(cm)2.

2. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under § 20.410 (3)(cg) to the appropriations under § 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, aftercare supervision providers, and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under § 48.366 based on a delinquent act that is a violation of § 940.01, 940.02, 940.05, or 940.225 (1).

301.26(4)(cm)3.

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.

301.26(4)(ct)

(ct)

301.26(4)(d)

(d)

301.26(4)(d)2.

2. Beginning on July 1, 2011, and ending on June 30, 2012, the per person daily cost assessment to counties shall be $284 for care in a Type 1 juvenile correctional facility, as defined in § 938.02 (19), $284 for care for juveniles transferred from a juvenile correctional institution under § 51.35 (3), $99 for departmental corrective sanctions services, and $40 for departmental aftercare services.

301.26(6)

(6) Performance standards.

301.26(4)(ct)1.

1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under § 20.410 (3)(hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under § 20.410 (3)(ho) at the close of that fiscal year, less the amounts required by § 20.410 (3)(ho) to be remitted to counties or transferred to the appropriation account under § 20.410 (3)(kx), and any unencumbered balance in the appropriation account under § 20.410 (3)(hr) at the close of that fiscal year, shall be transferred to the appropriation account under § 20.410 (3)(hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under § 20.005 (3) for that appropriation account for that fiscal year.

301.26(7)(b)2.

2. Each county’s proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance during the most recent 3-year period for which that information is available.

301.26(7)(b)3.

3. Each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

301.26(7)(bm)

(bm) Of the amounts specified in para. (a), the department shall allocate $6,250,000 for the last 6 months of 2011, $12,500,000 for 2012, and $6,250,000 for the first 6 months of 2013 to counties based on each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

301.26(4)(f)

(f) For services under § 51.35 (3), payments made under para. (d) for services to juveniles who are ineligible for medical assistance under subch. IV of ch. 49 and uniform fee collections under § 46.03 (18) shall be deposited in the appropriation under § 20.435 (2)(gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.

301.26(6)(a)

(a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under § 20.410 (3)(cd) and (ko) for purposes described in this section.

301.26(6)(b)

(b) The department shall submit recommendations to the joint committee on finance regarding performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional institutions and into less restrictive community programs and are successfully rehabilitating children adjudged delinquent on or before December 31, 1987. Beginning on January 1, 1988, counties shall provide information requested by the department in order to apply the criteria and assess performances.

301.26(7)

(7) Allocations of funds. Within the limits of the availability of the appropriations under § 20.410 (3)(cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2011, and ending on June 30, 2013, as provided in this subsection to county departments under §§ 46.215, 46.22, and 46.23 as follows:

301.26(7)(a)

(a) For community youth and family aids under this section, amounts not to exceed $45,478,000 for the last 6 months of 2011, $90,956,100 for 2012, and $45,478,100 for the first 6 months of 2013.

301.26(7)(b)

(b) Of the amounts specified in para. (a), the department shall allocate $2,000,000 for the last 6 months of 2011, $4,000,000 for 2012, and $2,000,000 for the first 6 months of 2013 to counties based on each of the following factors weighted equally:

301.26(7)(c)

(c) Of the amounts specified in para. (a), the department shall allocate $1,053,200 for the last 6 months of 2011, $2,106,500 for 2012, and $1,053,300 for the first 6 months of 2013 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

301.26(7)(e)

(e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2011, $250,000 for 2012, and $125,000 for the first 6 months of 2013. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

301.26(7)(h)

(h) For counties that are participating in the corrective sanctions program under § 938.533 (2), $1,062,400 in the last 6 months of 2011, $2,124,800 in 2012, and $1,062,400 in the first 6 months of 2013 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county’s distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under § 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

301.26(8)

(8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (a), the department shall allocate $666,700 in the last 6 months of 2011, $1,333,400 in 2012, and $666,700 in the first 6 months of 2013 for alcohol and other drug abuse treatment programs.