Amendment AA26-AB130

AB130-AA26,43,8 113. Page 317, line 22: after the period insert: "A child is who placed in a secured child caring institution remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB130-AA26,43,20 (b) If a child who is placed in a secured child caring institution violates a condition of his or her placement in the secured child caring institution, the child welfare agency operating the secured child caring institution shall notify the department, and the department, without a hearing under sub. (1), may return the child to a secured correctional facility or place the child in a secure detention facility for not more than 30 days as a sanction for that violation. The department shall send written notice of the change to the parent, guardian, legal custodian and committing court. If a child is returned to a secured correctional facility or placed in a secure detention facility under this paragraph, the child welfare agency operating the secured child caring institution in which the child was placed shall reimburse the department or county for the cost of the child's care while placed in the secured correctional facility or secure detention facility under this paragraph.

AB130-AA26,44,2 (c) The child welfare agency that is operating a secured child caring institution in which a child has been placed under par. (a) may place the child in a less restrictive placement, and may replace in the secured child caring institution that child, without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.".

AB130-AA26,44,3 114. Page 318, line 11: delete "or extended jurisdiction under s. 938.366".

AB130-AA26,44,4 115. Page 330, line 7: delete lines 7 to 25.

AB130-AA26,44,5 116. Page 331, line 1: delete lines 1 to 24.

AB130-AA26,44,6 117. Page 332, line 1: delete lines 1 to 24.

AB130-AA26,44,7 118. Page 333, line 1: delete lines 1 to 18.

AB130-AA26,44,9 119. Page 335, line 17: after "department" insert: "of health and social services, the department of corrections".

AB130-AA26,44,11 120. Page 336, line 23: delete lines 23 to 25 and substitute: "or a secured child caring institution, the agency is not required to sub-".

AB130-AA26,44,12 121. Page 348, line 18: delete "(1)".

AB130-AA26,44,13 122. Page 348, line 21: delete lines 21 and 22.

AB130-AA26,44,14 123. Page 353, line 5: delete ", 938.366 (8)".

AB130-AA26,44,15 124. Page 353, line 10: delete "legal custody" and substitute "supervision".

AB130-AA26,44,16 125. Page 353, line 11: delete "to which".

AB130-AA26,44,18 126. Page 353, line 12: delete that line and substitute: "under whose supervision the juvenile is".

AB130-AA26,44,20 127. Page 353, line 14: delete that line and substitute: "the department under whose".

AB130-AA26,44,22 128. Page 353, line 20: delete that line and substitute: "social services or the department of correc-".

AB130-AA26,45,2 129. Page 353, line 22: delete that line and substitute "department under whose super-".

AB130-AA26,45,4 130. Page 354, line 19: after "department" insert: "of health and social services or the department of corrections".

AB130-AA26,45,6 131. Page 354, line 21: after "department" insert: "having supervision over the juvenile".

AB130-AA26,45,8 132. Page 355, line 2: on lines 2, 6 and 23, before "or" insert: "of health and social services, department of corrections".

AB130-AA26,45,10 133. Page 355, line 11: after "department" insert: "of health and social services, department of corrections or county department".

AB130-AA26,45,11 134. Page 356, line 4: after "services" insert ", the department of corrections".

AB130-AA26,45,13 135. Page 356, line 5: delete that line and substitute "a county department, the".

AB130-AA26,45,15 136. Page 357, line 1: delete "or legal custody"; and after "department" insert "of health and social services, department of corrections".

AB130-AA26,45,17 137. Page 359, line 4: delete "938.183 and 938.366" and substitute "48.366 and 938.183".

AB130-AA26,45,18 138. Page 359, line 14: after that line insert:

AB130-AA26,45,22 "(3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a child who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department.".

AB130-AA26,46,2 139. Page 359, line 16: delete lines 16 and 17 and substitute: "the appropriation under s. 20.435 (3) (hr), the department shall provide".

AB130-AA26,46,3 140. Page 359, line 18: delete "$2,192,900, for".

AB130-AA26,46,4 141. Page 359, line 23: delete "in the division of youth services".

AB130-AA26,46,5 142. Page 362, line 21: delete lines 21 to 23.

AB130-AA26,46,6 143. Page 363, line 6: delete lines 6 to 25.

AB130-AA26,46,7 144. Page 364, line 1: delete lines 1 to 25.

AB130-AA26,46,8 145. Page 365, line 1: delete lines 1 to 25.

AB130-AA26,46,9 146. Page 366, line 1: delete lines 1 to 25.

AB130-AA26,46,10 147. Page 367, line 1: delete lines 1 to 24.

AB130-AA26,46,11 148. Page 368, line 1: delete lines 1 to 25.

AB130-AA26,46,12 149. Page 369, line 1: delete lines 1 to 24.

AB130-AA26,46,13 150. Page 370, line 1: delete lines 1 to 25.

AB130-AA26,46,14 151. Page 371, line 1: delete lines 1 to 12 and substitute:

AB130-AA26,46,16 "938.538 Serious juvenile offender program. (1) Definition. In this section, "department" means the department of corrections.

AB130-AA26,46,20 (2) Program administration and design. The department shall administer a serious juvenile offender program for children who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h). The department shall design the program to provide all of the following:

AB130-AA26,46,23 (a) Supervision, care and rehabilitation that is less costly than ordinary placement in a secured correctional facility under s. 938.34 (4m) and more restrictive than ordinary supervision in the community.

AB130-AA26,47,1 (b) Component phases that are intensive and highly structured.

AB130-AA26,47,4 (c) A series of component phases for each participant that is based on public safety considerations and the participant's need for supervision, care and rehabilitation.

AB130-AA26,47,6 (3) Component phases. (a) The department shall provide each participant with one or more of the following sanctions:

AB130-AA26,47,9 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB130-AA26,47,15 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB130-AA26,47,16 2. Intensive or other field supervision.

AB130-AA26,47,17 3. Electronic monitoring.

AB130-AA26,47,18 4. Alcohol or other drug abuse outpatient treatment and services.

AB130-AA26,47,19 5. Mental health treatment and services.

AB130-AA26,47,20 6. Community service.

AB130-AA26,47,21 7. Restitution.

AB130-AA26,47,22 8. Transitional services for education and employment.

AB130-AA26,47,23 9. Other programs as prescribed by the department.

AB130-AA26,48,3 (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 938.357 and 938.363, a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB130-AA26,48,15 (4) Institutional status. (a) A participant in the serious juvenile offender program is under the supervision and control of the department and is subject to the rules and discipline of the department. Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c).

AB130-AA26,49,2 (b) The department shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 secured correctional facility. The secretary of corrections 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. 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 inspections required under s. 301.36.

AB130-AA26,49,6 (5) Transfers and discharge. (a) The parole commission may grant a participant parole under s. 304.06 at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole supervision of the participant shall be provided by the department.

AB130-AA26,49,10 (b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant has completed 3 years of participation in the serious juvenile offender program.

AB130-AA26,49,13 (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a child who is a participant in the serious juvenile offender program.

AB130-AA26,49,16 (dm) The department of corrections may not transfer supervision and control over a participant in the serious juvenile offender program to the department of health and social services.

AB130-AA26,49,22 (6) Purchase of services. The department of corrections may contract with the department of health and social services, a county department or any public or private agency for the purchase of goods, care and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under s. 20.410 (1) (cg).

AB130-AA26,49,23 (6m) Minority hiring. (a) In this subsection:

AB130-AA26,50,2 1. "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

AB130-AA26,50,4 2. "Black" means a person whose ancestors originated in any of the black racial groups of Africa.

AB130-AA26,50,7 3. "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

AB130-AA26,50,8 4. "Minority group member" means a Black, a Hispanic or an American Indian.

AB130-AA26,50,18 (b) In the selection of classified service employes for a secured correctional facility operated by the department for the placement of program participants under this section, 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 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.

AB130-AA26,50,19 (7) Rules. The department shall promulgate rules to implement this section.".

AB130-AA26,50,20 152. Page 377, line 18: delete "938.66" and substitute "48.366".

AB130-AA26,50,21 153. Page 378, line 21: delete lines 21 to 25 and substitute:

AB130-AA26,51,3 "(d) 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., to the department of corrections, if the individual is at the time of disclosure any of the following:".

AB130-AA26,51,4 154. Page 381, line 20: delete lines 20 to 25.

AB130-AA26,51,5 155. Page 382, line 1: delete lines 1 to 14 and substitute:

AB130-AA26,51,7 " Section 587m. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-AA26,51,23 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secure detention facility, as defined under s. 48.02 (16), 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. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 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. "Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful offender supervision under s. 48.537. 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. 48 unless the person is in actual custody.

AB130-AA26, s. 587p Section 587p. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,52,15 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined under s. 938.02 (16), 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 (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. 48 unless the person is in actual custody.".

AB130-AA26,52,16 156. Page 383, line 4: delete lines 4 to 16 and substitute:

AB130-AA26,52,18 " Section 591m. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-AA26,52,20 946.42 (3) (c) Subject to a disposition under s. 48.34 (4g) or (4m), to a placement under s. 48.357 (4) or to aftercare revocation under s. 48.357 (5) (e).

AB130-AA26, s. 591p Section 591p. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,52,24 946.42 (3) (c) Subject to a disposition under s. 938.34 (4h) or (4m), to a placement under s. 938.357 (4) or to aftercare revocation under s. 938.357 (5) (e).

AB130-AA26, s. 593m Section 593m. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

AB130-AA26,53,6 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or