Amendment AA26-AB130

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

AB130-AA26, s. 593p Section 593p. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,53,11 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employe's custody to escape; or".

AB130-AA26,53,12 157. Page 383, line 20: delete lines 20 to 24.

AB130-AA26,53,13 158. Page 384, line 1: delete lines 1 to 9 and substitute:

AB130-AA26,53,15 " Section 595m. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,53,19 946.44 (2) (d) "Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

AB130-AA26, s. 595p Section 595p. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,54,2 946.44 (2) (d) "Prisoner" includes a person who is committed to the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility under s. 938.34 (4m) or 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

AB130-AA26, s. 596m Section 596m. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,54,9 946.45 (1) 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, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB130-AA26, s. 596p Section 596p. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,54,14 946.45 (1) Any officer or employe of an institution where prisoners are detained who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.".

AB130-AA26,54,15 159. Page 384, line 13: delete lines 13 to 19 and substitute:

AB130-AA26,54,17 " Section 598m. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,54,21 946.45 (2) (d) "Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 (4g) or placed in a secured correctional facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

AB130-AA26, s. 598p Section 598p. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,55,4 946.45 (2) (d) "Prisoner" includes a person who is committed to the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility under s. 938.34 (4m) or 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.".

AB130-AA26,55,5 160. Page 394, line 5: delete "48.366 938.183 or 938.366" and substitute:

AB130-AA26,55,6 "48.366 or 938.183".

AB130-AA26,55,8 161. Page 400, line 14: on lines 14 and 19, after "law" insert: "or any civil law or municipal ordinance".

AB130-AA26,55,9 162. Page 400, line 20: after that line insert:

AB130-AA26,55,10 " Section 9137. Nonstatutory provisions; legislature.

AB130-AA26,55,16 (1g) Transfer of juvenile delinquency-related services. The legislative reference bureau shall draft and submit to the appropriate standing committees and to the joint committee on finance legislation to transfer the administration of all juvenile delinquency-related services currently administered by the division of youth services in the department of health and social services to the department of corrections effective on July 1, 1996.".

AB130-AA26,55,17 163. Page 402, line 14: after that line insert:

AB130-AA26,55,24 "(10g) Age of adult criminal jurisdiction. The treatment of sections 48.02 (1) and (2), 48.45 (3), 161.455 (1), 161.46 (1), (2) and (3), 161.575 (1), 948.01 (1), 948.35 (1) (a), 948.36 (1), 948.45 (1), 948.60 (title), (2) and (3), 948.61 (4) and 990.01 (3) and (20) of the statutes and the amendment of sections 48.02 (3m), 48.12 (1) and (2), 48.255 (1) (intro.), 48.34 (10) (a), 48.35 (1) (c), 48.355 (4) (b), 48.39 and 48.45 (1) (a) of the statutes first applies to violations that occur on the effective date of this subsection.".

AB130-AA26,56,1 164. Page 400, line 19: delete lines 19 to 21 and substitute:

AB130-AA26,56,3 " Section 9400. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB130-AA26,56,8 (1g) Miscellaneous provisions. The treatment of sections 20.005 (3) (schedule), 20.435 (3) (au), (bg) and (c), 46.025, 46.26 (4) (d) 3., 48.275 (2) (b), 59.175 and 60.23 (22m) of the statutes, the amendment of sections 48.275 (2) (a) (by Section 190m) and 48.505 (by Section 343m) of the statutes and Section 9137 (1g) of this act take effect on July 1, 1995, or on the day after publication, whichever is later.

AB130-AA26,56,23 (2g) Youthful offender program. The treatment of sections 20.410 (1) (am), 20.435 (3) (k), 46.03 (6) (a), 46.26 (4) (dr), 48.18 (2m), 48.33 (3m), 48.34 (4g), 48.537 and 301.03 (9m) of the statutes and the amendment of sections 20.435 (3) (hm) (by Section 11m), 46.26 (3) (d) (by Section 41m) and (4) (a) (by Section 43m), (b) 1. (by Section 44m), (c) (by Section 45m) and (cm) 1. (by Section 46m), 48.02 (15m) (by Section 77m), 48.065 (3) (f) (by Section 92m), 48.18 (5) (c) (by Section 115g), 48.19 (1) (d) 6., (by Section 119m), 48.205 (1) (c) (by Section 135m), 48.208 (1) (by Section 135r), 48.23 (1) (a) (by Section 148m), 48.345 (1) (a) (by Section 273m), 48.355 (4) (a) (by Section 288m) and (b) (by Section 288r), 48.365 (7) (by Section 303m), 48.38 (3) (a) (by Section 309m), 48.49 (by Section 341m), 48.51 (1) (intro.) (by Section 345d), 48.78 (3) (by Section 370m), 118.125 (4) (by Section 427m), 227.03 (4) (by Section 494m), 301.28 (1) (by Section 513m), 304.06 (1) (b) (by Section 527m), 946.42 (1) (a) (by Section 587m) and (3) (c) (by Section 591m), 946.44 (1) (a) (by Section 593m) and (2) (d) (by Section 595m) and 946.45 (1) (by Section 596m) and (2) (d) (by Section 598m) of the statutes take effect on December 1, 1995.

AB130-AA26,57,3 (3g) Extended jurisdiction. The treatment of section 48.366 (1) (a) (intro.), (b) and (c) of the statutes takes effect on January 1, 1996, or on the day after publication, whichever is later.

AB130-AA26,57,17 (4g) Age of adult criminal jurisdiction. The treatment of sections 46.26 (7) (b) 2., 48.02 (1) and (2), 48.366 (8), 48.44 (title) and (1), 48.45 (3), 48.48 (4m) (a), 161.455 (1), 161.46 (1), (2) and (3), 161.575 (1), 948.01 (1), 948.35 (1) (a), 948.36 (1), 948.45 (1), 948.60 (title), (2) and (3), 948.61 (4) and 990.01 (3) and (20) and subchapter IX (title) of chapter 48 of the statutes, the repeal and recreation of sections 46.26 (4) (a) (by Section 43n) and 48.355 (4) (b) (by Section 288t) of the statutes, the amendment of sections 20.410 (1) (hx) (by Section 6m), 48.02 (3m) (by Section 75m), 48.12 (1) (by Section 103m) and (2) (by Section 103p), 48.255 (1) (intro.) (by Section 177m), 48.34 (10) (a) (by Section 263m), 48.35 (1) (c) (by Section 284m), 48.39 (by Section 311m), 48.396 (1) (by Section 312m), 48.45 (1) (a) (by Section 328p), 48.48 (4m) (b) (by Section 336m) and (14) (by Section 340m), 161.573 (2) (by Section 477m), 161.574 (2) (by Section 478m), 161.575 (2) (by Section 480m) and 302.31 (by Section 521m) of the statutes and Section 9310 (10g) of this act take effect on January 1, 1996, or on the day after publication, whichever is later.".

AB130-AA26,57,18 (End)