1997 Wisconsin Act 35

938.38 (5) (c) 6. am. Being placed in the home of a relative of the child juvenile.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,567 Section 567 . 938.396 (1t) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

938.396 (1t) If a juvenile who has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the victim's insurer may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

Note: Deletes unnecessary word.

35,568 Section 568 . 938.396 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.396 (4) When a court revokes, suspends or restricts a juvenile's operating privilege under this chapter, 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 juvenile whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.

Note: Replaces word for internal consistency and for consistency with the terminology used in ch. 938.

35,569 Section 569 . 938.45 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.45 (3) If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.

Note: Adds “years of age" for clarity and consistency with current style.

35,570 Section 570 . 938.533 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 juveniles, or an average daily population of more that than 105 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

Note: Inserts correct word.

35,571 Section 571 . 938.533 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.533 (3) (b) The department shall operate the corrective sanctions program as a Type 2 secured correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 secured correctional facility. The Type 2 secured correctional facility is subject to s. 46.03 (1) 301.02. Construction or establishment of a Type 2 secured correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

Note: Corrects cross-reference. Section 46.03 (1) governs institutions operated by the department of health and family services. Section 301.02 governs institutions operated by the department of corrections.

35,572 Section 572 . 938.538 (6m) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.538 (6m) (b) In the selection of classified service employes for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the children juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.

Note: Replaces “children" with “juveniles" for consistency of references within ch. 938.

35,573 Section 573 . 938.57 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.57 (4) A county department may provide aftercare supervision under s. 48.34 938.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

Note: 1995 Wis. Act 77 repealed s. 48.34 (4n) and created s. 938.34 (4n) which is substantively identical to the former s. 48.34 (4n).

35,574 Section 574 . 938.993 (2) of the statutes, as affected by 1995 Wisconsin Act 77, section 393, is amended to read:

938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

Note: Inserts missing word.

35,575 Section 575 . 939.51 (3) (a) of the statutes is amended to read:

939.51 (3) (a) For a Class A misdemeanor, a fine of not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

Note: Deletes word for consistency with the remainder of the section.

35,576 Section 576 . 940.20 (1m) (a) of the statutes, as created by 1995 Wisconsin Act 343, is amended to read:

940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 813.12 (9) (a) 806.247 (3) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.

NOTE: Section 813.12 (9) (a) does not exist. 1995 Wis. Act 343 created this provision without taking into account the repeal and recreation of s. 813.12 (9) by 1995 Wis. Act 306. The filing of tribal injunctions is now under s. 806.247 (3) as created by Act 306.

35,577 Section 577 . 943.017 (4) of the statutes, as created by 1995 Wisconsin Act 24, is amended to read:

943.017 (4) If more than one item of property is marked, drawn or written upon or etched into under a single intent and design, the markings, drawings or writings on or etchings into all of the property may be prosecuted as a single forfeiture crime.

Note: 1995 Wis. Act 24 mistakenly included the word “forfeiture". There is no provision for forfeitures under s. 943.017. Also adds “of" to correct grammar.

35,578 Section 578 . The amendment of 946.13 (2) (g) of the statutes by 1995 Wisconsin Act 225 is not repealed by 1995 Wisconsin Act 227. Both amendments stand.

Note: There is no conflict of substance.

35,579 Section 579 . 946.42 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

946.42 (1) (c) “Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child juvenile into custody under s. 938.19.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,580 Section 580 . The amendments of 946.82 (4) of the statutes by 1995 Wisconsin Acts 249 and 336 are not repealed by 1995 Wisconsin Act 448. All amendments stand.

Note: There is no conflict of substance.

35,581 Section 581 . 948.22 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of health and family services workforce development under s. 46.25 49.22 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

Note: Inserts correct cross-reference and department name. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.

35,582 Section 582 . The amendment of 949.03 (1) (b) of the statutes by 1995 Wisconsin Act 374 is not repealed by 1995 Wisconsin Act 456. Both amendments stand.

Note: There is no conflict of substance.

35,583 Section 583 . 950.02 (1m) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

950.02 (1m) “Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child juvenile, would constitute a delinquent act under ch. 938.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,584 Section 584. The treatment of 961.48 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 402, section 2, is not repealed by 1995 Wisconsin Act 448, section 288. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 961.48 (2) by 1995 Wis. Act 448.

35,585 Section 585 . 968.255 (1) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

968.255 (1) (a) 3. Taken into custody under s. 938.19 and there are reasonable grounds to believe the child juvenile has committed an act which if committed by an adult would be covered under subd. 1. or 2.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,586 Section 586 . 968.50 of the statutes, as affected by 1996 Supreme Court Order 96-08, section 35, is renumbered 968.505.

Note: Supreme Court Order 96-08 renumbered both ss. 756.17 and 756.18 to be s. 968.50.

35,587 Section 587 . 970.032 (title) and (1) of the statutes, as affected by 1995 Wisconsin Act 77, are amended to read:

970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction. (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable. If the court does not make that finding, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,588 Section 588 . 970.032 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable.

Note: Replaces “child" and “children" with “juvenile" and “juveniles", respectively, for consistency of references with language of ch. 938.

35,589 Section 589 . 970.035 of the statutes, as affected by 1995 Wisconsin Act 448, section 502, is amended to read:

970.035 (title) Preliminary examination; child juvenile younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or, 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,590 Section 590 . 971.17 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Acts 425 and 448, is amended to read:

971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b) and , 940.25 (1b) and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is life, the commitment period specified by the court may be life, subject to termination under sub. (5).

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 425 and 448.

35,591 Section 591 . The amendment of 971.37 (1m) (a) 2. of the statutes by 1995 Wisconsin Act 343 is not repealed by 1995 Wisconsin Act 353. Both amendments stand.

Note: There is no conflict of substance.

35,592 Section 592 . The amendment of 972.085 of the statutes by 1995 Wisconsin Act 225 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

35,593 Section 593 . The amendments of 973.05 (1) of the statutes by 1995 Wisconsin Acts 227 and 438 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

35,594 Section 594 . The amendment of 973.055 (1) (a) 1. of the statutes by 1995 Wisconsin Act 343 is not repealed by 1995 Wisconsin Act 353. Both amendments stand.

Note: There is no conflict of substance.

35,595 Section 595 . 973.075 (1) (d) of the statutes, as created by 1995 Wisconsin Act 290, is amended to read:

973.075 (1) (d) A tank vessel that violates s. 144.78 299.62 (2) that is owned by a person who, within 5 years before the commission of the current violation, was previously convicted of violating s. 144.78 299.62 (2), but if the tank vessel is encumbered by a bonafide bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

Note: This bill renumbers s. 144.78 to s. 299.62. Corrects spelling.

35,595m Section 595m. 973.135 (1) (intro.) of the statutes is reenacted to read:

973.135 (1) (intro.) In this section:

Note: Corrects error in transcribing 1995 Wis. Act 27. This provision was inadvertently omitted from the statutes.

35,596 Section 596 . 977.05 (6) (b) 1. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

977.05 (6) (b) 1. The action is not brought by the state, its delegate under s. 59.458 (1) 59.53 (6) (a) or an attorney appointed under s. 767.045 (1) (c).

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to be s. 59.53 (6) (a) effective 9-1-96.

35,597 Section 597 . The amendment of 977.076 (2) of the statutes by 1995 Wisconsin Act 352 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

35,598 Section 598 . The amendment of 978.05 (6) (a) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.