AB 569 — Relating to: law enforcement investigative services and making an appropriation. (FE)

-Date 2022of LEGISLATUREenactment: LRB-4486/1 MLJ:cdc ASSEMBLY BILL 569 September 22, 2021 - Introduced by Representatives P ETERSEN , CALLAHAN , STEFFEN , T HIESFELD, M OSES, JAMES, EDMING , M URSAU , O LDENBURG , PENTERMAN , SPIROS, INICKIand K NODL , cosponsored by Senators ALLWEG , FELZKOWSKI , OWLES , EYEN and W ANGGAARD.

ReferredAssembly toBill Committee569 onDate Localof Government.publication*:

WISCONSIN ACT A N A CT to amend 16.51 (7),(7) 20.410 (1) (c), 20.410 (3) (c) and 62.03 (1);

law enforcement investigative servicesservices. and making an appropriation.

AnalysisThe bypeople theof Legislative Reference Bureau Under current law, the Departmentstate of CorrectionsWisconsin, mustrepresented reimbursein countiesniles forin certainsecure expensescustody relatedwhile tothose anactions action or proceedingproceed- involvingsenate aand prisonerassembly, indo aenact stateas prisonfollows: or a juvenile in a juvenile correctional facility in the county.

Thisings billare addspending. that DOC must also reimburse any county, city, village, or town that provides law enforcement investigative services for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility.

UnderThe currentdepartment DOCshall practicereimburse ina accordancecounty, withcity, memorandavillage, ofor understanding,town DOCunder reimbursesthis thesubsection village of Allouez and Dodge County specific amounts at specific intervals during the year for lawSECTION enforcement1. investigative services.

This16.51 bill(7) providesof that, notwithstanding the statutorystatutes changesis containedamended into theexpenses bill,relating the village of Allouez and Dodge County may continue to belaw reimbursedenforcement ininvestigative accordanceser- withread: their MOUs.

Thisvices billthat alsoit decreasesprovided DOC'sfor generalan operationsincident appropriationinvolving ina theprisoner amounts16.51(7) currentlyA spentUDIT annuallyCLAIMSFOR underEXPENSES theseIN MOUsCONNECTION toin bea reallocatedstate prison or in transit to lawor enforcementfrom investigativea servicesstate reimbursement.prison or WITH PRISONERS AND JUVENILES IN JUVENILE CORREC - a juvenile in a juvenile correctional facility or in transit TIONAL FACILITIES.

-Receive, 2022examine, Legislaturedetermine, -and 2to -or LRB-4486/1from MLJ:cdca ASSEMBLYjuvenile BILLcorrectional 569facility Forwithin furtherits informationjuris- seeaudit theclaims, stateduly certified and localapproved fiscalby estimate,the whichdepart- willdiction. be printed as an appendix to this bill.

TheExpenses peopleshall only include the amounts that ment of corrections, from the statecounty clerk of Wisconsin,any representedcounty inwere senatenecessarily incurred and assembly,actually dopaid enactand asshall follows:be in, city, village, or town, on behalf of the county, city, vil- no more than the legitimate cost would be to any other lage, or town, which are presented for payment to reim- county jurisdiction had the offense or crime occurred burse the county reimbursement for certain expenses therein.

incurred or paid by it in reference to allatters growing SECTION 1.4.

16.51 (7) of the statutes is amended to read:

16.51 (7) A UDIT CLAIMS FOR EXPENSES IN CONNECTION WITH PRISONERS AND JUVENILES IN JUVENILE CORRECTIONAL FACILITIES.Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town, on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s.

302.01, or juveniles in juvenile correctional facilities, as defined in s.

938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the.

The department shall reimburse a county under this subsection for expenses relating to actions or proceedings that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by itthe county in reference to holding those juveniles in secure custody while those actions or proceedings are pending.

The department shall reimburse a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction.

LRB-4486/1 - 2022 Legislature - 3 - MLJ:cdc SECTION 1 ASSEMBLY BILL 569 Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

SECTION 2.

20.410 (1) (c) of the statutes is amended to read:

20.410 (1) (c) Reimbursement claims of counties or municipalitiesining state prisons.

A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, and towns containing state prisons as provided in s.

16.51 (7).

SECTION 3.

20.410 (3) (c) of the statutes is amended to read:

20.410 (3) (c) Reimbursement claims of counties or municipalitiesining juvenile correctional facilities.

A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state juvenile correctional facilities as provided in s.

16.51 (7).

SECTION 4.

60.33out (10p)of CLAIMSactions INand TOWNSproceedings CONTAININGinvolving STATEprisoners INSTITUTIOMake a certified claim against the state, without direction from the board, in allstate casesprisons, inas whichdefined the reimbursement is directed in s.

16.51302.01, (7),or uponjuveniles formsin prescribedjuve- by60.33 the(10p) departmentC ofLAIMS administration.IN TOWNS CONTAINING STATE nile correctional facilities, as defined in s.

The938.02 forms(10p), shallINSTITUTIONS. contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SECTIONMake 5.a certified claim against the state, including prisoners or juveniles transferred to a mental without direction from the board, in all cases in which the health institute for observation or treatment, when the.

61.25reimbursement (11) of the statutes is createddirected toin read:s.

61.2516.51 (11)(7), Toupon makeforms apre- certifiedThe claimdepartment againstshall thereimburse state,a withoutcounty directionunder fromthis thesub- board,scribed inby all cases in which the reimbursementdepartment isof directedadministration. in s.

16.51The (7),forms uponsection formsfor prescribedexpenses relating to actions or proceedings shall contain information required by the clerk and shall thatare commenced in counties in which the prisons or be filed annually with the department of administration.corrections on or juvenile correctional facilities are located by a district before June 1.

Theattorney formsor shall contain information required by the clerkprisoner andor shalljuvenile beas fileda annuallypostconviction withSECTION the5. department of corrections on or before June 1.

-61.25 2022(11) Legislatureof -the 4statutes -is LRB-4486/1created MLJ:cdcto ASSEMBLYremedy BILLor 569a SECTIONmatter 6involving Sthe ECTIONprisoner’s 6.status as a read:

62.03prisoner (1)or the juvenile’s status as a resident of a juvenile 61.25(11) To make a certified claim against the statutesstate, iscorrectional amendedfacility and for certain expenses incurred or without direction from the board, in all cases in which the paid by itthe county in reference to read:holding those juve- reimbursement is directed in s.