301.08 Purchase of care and services.
762 words·~3 min read·
/wi/chapter-301/301-08-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
301.08 Purchase of care and services.
(1)Authorization.
(a)The department may contract with public or voluntary agencies or others to:
1. Purchase in full or in part care and services which it is authorized by any statute to provide as an alternative to providing such care and services itself.
2. Purchase or provide in full or in part the care and services which county agencies may provide or purchase under any statute and to sell to county agencies such portions thereof as the county agency may desire to purchase.
3. Sell services, under contract, which the department is authorized to provide by statute, to any federally recognized tribal governing body.
(b)The department may:
1. Contract with public, private or voluntary agencies for the purchase of goods, care and services for persons committed or sentenced to a state correctional or penal institution, placed on probation or lifetime supervision to the department by a court of record, or released from a state correctional or penal institution. Services shall include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.
2. Contract with one public, private or voluntary agency for the supervision, maintenance and operation of one minimum security correctional institution in a county having a population of 750,000 or more. To be eligible, an agency must have prior relevant experience.
3. Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of juvenile correctional facilities, residential care centers for children and youth, as defined in s. 938.02
(15d), and secured residential care centers for children and youth for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34
(4d),
(4h), or
(4m). The department may designate a juvenile correctional facility or a residential care center for children and youth contracted for under this subdivision as a Type 2 juvenile correctional facility, as defined in s. 938.02
(20), and may designate a residential care center for children and youth contracted for under this subdivision as a Type 2 residential care center for children and youth, as defined in s. 938.02
(19r).
2. Beginning on January 1, 1996, the department may contract with public, private or voluntary vendors for the supervision or for any component of the supervision of probationers, parolees and persons on extended supervision who are under minimum supervision or administrative supervision.
3. Except as provided in subd. 3m. , a contract under subd. 2. shall authorize a vendor to charge a fee to probationers, parolees and persons on extended supervision sufficient to cover the cost of supervision and administration of the contract.
3m. A contract under subd. 2. shall permit the department to prohibit a vendor from charging a fee to a probationer, parolee or person on extended supervision who is supervised under the contract if the probationer, parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:
a. The probationer, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.
b. The probationer, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer, parolee or person on extended supervision should be excused from working for medical reasons.
4. If the department collects any moneys from a vendor under a contract under subd. 2. , the department shall credit those moneys to the appropriation account under s. 20.410
(gf).
5. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers, parolees and persons on extended supervision supervised by a vendor who contracts with the department under subd. 2. and shall promulgate rules defining “administrative supervision” and “minimum supervision”.
(2)Restrictions.
(a)All care and services purchased by the department and all juvenile correctional services purchased by a county department under s. 46.215 , 46.22 , or 46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62 . If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75 .