1995 Wisconsin Act 77

77,538 Section 538 . 301.26 (1) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (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. 48 938, 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.

77,539 Section 539 . 301.26 (2) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48 938, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under s. 46.17, 46.175 or 301.37, for reimbursement of costs under s. 48.209 938.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22 938.22. 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 secure detention facilities.

77,540 Section 540 . 301.26 (4) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 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 ss. 48.34 and s. 48.366, 938.183 (2) or 938.34 or the department of health and social services for each person receiving services under s. 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 s. 48.366 or 938.183 (2) 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 s. 20.410 (3) (cd).

77,541 Section 541 . 301.26 (4) (b) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. to 4. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. chs. 48 and 938 for each person receiving services from the department of corrections under ss. 48.34 and s. 48.366, 938.183 (2) or 938.34 or the department of health and social services under s. 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 par. (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. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under ss. 48.34 and 48.366, 938.183 (2) and 938.34 and the department of health and social services under s. 51.35 (3).

77,542 Section 542. 301.26 (4) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, s. 48.366 and, 51.35 (3), 938.183 (2) or 938.34 who was under the guardianship of the department of health and social services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

77,543 Section 543 . 301.26 (4) (cm) 1. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

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 institutions, secured child caring institutions, as defined in s. 48.02 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 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. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.

77,544 Section 544 . 301.26 (4) (cm) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (cm) 2. 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 institutions, secured child caring institutions, as defined in s. 48.02 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

77,545 Section 545 . 301.26 (4) (d) 1. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 48.34 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hm).

77,546 Section 546 . 301.26 (4) (d) 1m. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. ss. 48.366 and 938.183 (2), all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hm).

77,547 Section 547 . 301.26 (4) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.553 (3) and (8), 48.557 and 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 s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

77,548 Section 548 . 301.26 (4) (ed) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 48.533 (3) and (8), 48.557 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

77,549 Section 549 . 301.26 (4) (eg) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (eg) For corrective sanctions services under s. 48.533 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hr).

77,550 Section 550 . 301.26 (4) (g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 938 and for the juvenile offender review program, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

77,551 Section 551 . 301.26 (7) (h) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 48.533 938.533 (2), $1,062,400 in the last 6 months of 1996 and $1,062,400 in the first 6 months of 1997 for the provision of corrective sanctions services for children 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 s. 48.533 938.533 (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.

77,552 Section 552 . 301.263 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on 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 2-year period for which that information is available.

77,553 Section 553 . 301.35 (2) (e) of the statutes is created to read:

301.35 (2) (e) A participant in the serious juvenile offender program under s. 938.538.

77,554 Section 554 . 301.36 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

301.36 (5) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney serving the proper county shall aid in any investigation, inspection, hearing or trial had under this chapter or those sections of ch. 48 938 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after receipt of the request.

77,555 Section 555 . 302.11 (10) of the statutes is amended to read:

302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not entitled to mandatory release and may be released or discharged only as provided under s. 48.366 or 938.538.

77,556 Section 556 . 302.18 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep all prisoners under 16 15 years of age in secured juvenile correctional facilities or secured child caring institutions, but the department may transfer them to adult correctional institutions after they attain 16 15 years of age.

77,557 Section 557 . 302.255 of the statutes is amended to read:

302.255 Interstate corrections compact; additional applicability. “Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject to an order under s. 938.34 (4h) who are 17 years of age or older.

77,558 Section 558 . 302.31 of the statutes, as affected by 1995 Wisconsin Act 27, section 6367, is amended to read:

302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department of health and social services under s. 48.355 (4) or 48.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

77,559 Section 559 . 302.31 of the statutes, as affected by 1995 Wisconsin Acts 27, section 6367m, and .... (this act), is repealed and recreated to read:

302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

77,560 Section 560 . 302.386 (1) of the statutes is amended to read:

302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 or in a secured correctional facility as defined in s. 48.02 938.02 (15m), or in a secured child caring institution, as defined in s. 938.02 (15g), or to forensic patients in state institutions for those services which are not provided by employes of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

77,561 Section 561 . 302.386 (2) (intro.) of the statutes is amended to read:

302.386 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01 or in, a secured correctional facility as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), for which any of the following applies:

77,562 Section 562 . 302.386 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

302.386 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility as defined in s. 48.02 938.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.

77,563 Section 563 . 302.386 (5) (c) of the statutes is created to read:

302.386 (5) (c) Any participant in the corrective sanctions program under s. 48.533 unless he or she is placed in a Type 1 secured correctional facility, as defined in s. 48.02 (19).

77,564 Section 564 . 302.386 (5) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

302.386 (5) (c) Any participant in the corrective sanctions program under s. 48.533 938.533 unless he or she is placed in a Type 1 secured correctional facility, as defined in s. 48.02 938.02 (19).

77,565 Section 565 . 302.386 (5) (d) of the statutes is created to read:

302.386 (5) (d) Any participant in the serious juvenile offender program under s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized under s. 301.046 (1).

77,566 Section 566 . 302.425 (2g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

302.425 (2g) (title) County departments and department of health and social services; general authority. Subject to the limitations under sub. (3m), a county department or the department of health and social services may place in the home detention program any child who is in its custody or under its supervision.

77,567 Section 567 . 302.425 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

302.425 (2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under sub. (3), the department of corrections may place any intensive sanctions program participant in a home detention program.

77,568 Section 568 . 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts 26 and 27, is amended to read:

302.425 (3) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff or superintendent may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her.

77,569 Section 569 . 302.425 (3m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

302.425 (3m) Placement of a child in the program. Upon The department or, upon the agreement of the department of corrections, the county department or the department of health and social services may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the department or the county department or the department of health and social services and be monitored by an active electronic monitoring system. The department or the county department or the department of health and social services shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

77,570 Section 570 . 302.425 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

302.425 (4) Departmental duties. The department of corrections shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs, and county departments and the department of health and social services, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home detention program, the department of corrections shall install and monitor electronic monitoring equipment. The department of corrections shall charge the county a daily per prisoner fee or per child fee, whichever is applicable, to cover the department's costs for these services.

77,571 Section 571 . 303.215 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

303.215 Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, on parole, on final discharge or in accordance with ch. 48 938, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

77,572 Section 572 . 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 6405m, is amended to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 48.538 938.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

77,573 Section 573 . 304.06 (1z) of the statutes is created to read:

304.06 (1z) If a person is placed in the serious juvenile offender program under s. 938.34 (4h), he or she is eligible for a release to parole supervision under this section and remains in the serious juvenile offender program unless discharged by the department under s. 938.537 (5) (b).

77,574 Section 574 . 340.01 (9r) (d) of the statutes is amended to read:

340.01 (9r) (d) A finding by a court assigned to exercise jurisdiction under ch. chs. 48 and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted under ch. 349.

77,575 Section 575 . 343.06 (1) (i) of the statutes is amended to read:

343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 48 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.

77,576 Section 576 . 343.30 (5) of the statutes is amended to read:

343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 48, 345 or, 351 or 938 or s. 161.50. When a court revokes, suspends or restricts a child's operating privilege under ch. 48 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

77,577 Section 577 . 343.30 (6) (b) (intro.) of the statutes is amended to read:

343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's operating privilege under s. 48.344 (2), (2b) or (2d) or 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

77,578 Section 578 . 752.31 (2) (e) of the statutes is amended to read:

752.31 (2) (e) Cases under ch. chs. 48 and 938.

77,579 Section 579 . 757.69 (1) (intro.) of the statutes is amended to read:

757.69 (1) (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 may:

77,580 Section 580 . 757.69 (1) (g) of the statutes is amended to read:

757.69 (1) (g) When assigned to the court assigned jurisdiction under ch. chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and warrants, order the release or detention of children apprehended, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under ss. 48.12 and 48.13, 938.12, 938.13 and 938.18, enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child. Waiver Contested waiver hearings under s. 48.18 938.18 and dispositional hearings under ss. 48.33 to 48.35 48.335 and 938.335 shall be conducted by a judge. When acting in an official capacity and assigned to the children's court center, a court commissioner shall sit at the children's court center or such other facility designated by the chief judge. Any decision by the commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order or ruling by the commissioner may be certified to the branch of court to which such case has been assigned upon a motion of any party for a hearing de novo.

77,581 Section 581 . 757.69 (1) (k) of the statutes is amended to read:

757.69 (1) (k) Exercise the power of a juvenile court commissioner appointed under s. 48.065 or 938.065, a probate court commissioner appointed under s. 757.72 or a family court commissioner appointed under s. 767.13.

77,582 Section 582 . 757.69 (2) (intro.) of the statutes is amended to read: