352,119
Section 119
. 938.538 (5) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.538 (5) (a) The parole commission juvenile offender review program in the division of juvenile corrections in the department may grant release a participant parole under s. 304.06 to aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole Aftercare supervision of the participant shall be provided by the department.
352,120
Section 120
. 938.539 of the statutes is created to read:
938.539 Type 2 status. (1) A juvenile who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in s. 946.42 (1) (a).
(2) A juvenile who is placed in a Type 2 secured correctional facility under s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a).
(3) Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 child caring institution under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 secured correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his or her placement in the Type 2 child caring institution or Type 2 secured correctional facility, the juvenile may be placed in a Type 1 secured correctional facility as provided in s. 938.357 (4) (b).
(4) Any intentional failure of a juvenile placed in a Type 2 child caring institution under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 secured correctional facility under s. 938.357 (4) (a) or (c) to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the Type 2 child caring institution or Type 2 secured correctional facility is considered an escape under s. 946.42 (3) (c).
(5) With respect to a juvenile who is placed in a child caring institution or a secured child caring institution under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the child caring institution or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that child caring institution, secured child caring institution or less restrictive placement as a Type 2 child caring institution or a Type 2 secured correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a child caring institution, secured child caring institution or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (a) or (c).
(6) The department shall promulgate rules to implement this section.
352,121
Section 121
. 938.59 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.59 (1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (4d) or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.
352,122
Section 122
. 938.595 of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (4d) or (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.
352,123
Section 123
. 938.78 (2) (ag) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal custodian or juvenile, unless the agency finds that inspection of those records by the juvenile, parent, guardian or legal custodian would result in imminent danger to anyone.
352,124
Section 124
. 938.78 (2) (am) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.
352,125
Section 125
. 938.78 (2) (d) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health and social services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4d) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:
352,126
Section 126
. Subchapter XVIII (title) of chapter 938 [precedes 938.795] of the statutes is created to read:
Chapter 938
Subchapter XVIII
Community services
352,127
Section 127
. Subchapter XX (title) of chapter 938 [precedes 938.983] of the statutes is created to read:
Chapter 938
Subchapter XX
Miscellaneous provisions
352,128
Section 128
. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, section 639, and 1995 Wisconsin Act .... (Senate Bill 72), is repealed and recreated to read:
946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).
352,129
Section 129
. 946.42 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h) or (4m), to a placement under s. 938.357 (4) or to aftercare revocation under s. 938.357 (5) (e).
352,130
Section 130
. 946.44 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
946.44 (2) (c) “Institution" includes a secured juvenile correctional facility and, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).
352,131
Section 131
. 946.44 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.
352,132
Section 132
. 946.45 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
946.45 (2) (c) “Institution" includes a secured juvenile correctional facility and, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).
352,133
Section 133
. 946.45 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
946.45 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.
352,134
Section 134
. 970.032 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the court finds child proves by a preponderance of the evidence all of the following:
352,134d
Section 134d. 971.31 (13) of the statutes is created to read:
971.31 (13) (a) A child over whom the court has jurisdiction under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The motion may allege that the child did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer of jurisdiction would be appropriate because of all of the following:
1. If convicted, the child could not receive adequate treatment in the criminal justice system.
2. Transferring jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938 would not depreciate the seriousness of the offense.
3. Retaining jurisdiction is not necessary to deter the child or other children from committing the violation of which the child is accused under the circumstances specified in s. 938.183 (1) (b) or (c), whichever is applicable.
(b) The court shall retain jurisdiction unless the child proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c) or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. are met.
352,134g
Section 134g. 977.076 (2) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
977.076 (2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (2) (a), 757.66, 938.275
(1) (2) (a) or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.
352,134m
Section 134m. 990.01 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.
352,134p
Section 134p. 990.01 (20) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.
352,134v
Section 134v. 1995 Wisconsin Act 77, section 9310 (1t) is created to read:
[1995 Wisconsin Act 77] Section 9310 (1t) Judgments and dispositions in adult court. The treatment of sections 906.08 (2), 906.09 (title), (1), (2), (3), (4) and (5), 938.35 (1) (cm) and 969.01 (4) of the statutes first applies to proceedings in a court of civil or criminal jurisdiction held on the effective date of this subsection, but does not preclude the use of a disposition entered by, or a record of evidence given in, a court assigned to exercise jurisdiction under chapter 48 of the statutes before the effective date of this subsection for the purpose of setting bail or impeaching a witness.
352,135
Section 135
.
Nonstatutory provisions; corrections.
(1) Rule-making deadline. The department of corrections shall submit the proposed rules required under sections 938.22 (2) (a), 938.357 (5) (g), 938.38 (6), 938.48 (13), 938.533 (2), 938.534 (2), 938.538 (7) and 938.78 (3) of the statutes, as created by 1995 Wisconsin Act 77, section 938.539 (6) of the statutes, as created by this act, and section 938.993 of the statutes, as affected by 1995 Wisconsin Act 77 to the legislative council staff for review under section 227.15 (1) of the statutes by no later than July 1, 1997.
(2) Rule-making exception. Before July 1, 1997, the department of corrections shall administer section 301.02 of the statutes, section 301.03 (9) of the statutes, as affected by 1995 Wisconsin Act 77, section 301.03 (9r) of the statutes, as created by 1995 Wisconsin Act 77, section 301.03 (10) of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, and chapter 938 of the statutes, as created by 1995 Wisconsin Act 77, according to policies and procedures established by that department, but not promulgated as rules, notwithstanding the absence of rules to administer those sections and that chapter.
352,136
Section 136
.
Effective date.
(1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.
