AB130, s. 513 10Section 513. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377,
11is amended to read:
AB130,152,1612 301.28 (1) In this section, "correctional officer" means any person classified as
13a correctional officer employed by the state whose principal duty is the supervision
14of inmates at a prison, as defined in s. 302.01, or the supervision of children at a
15secured correctional facility, as defined in s. 48.02 938.02 (15m), operated by the
16department.
AB130, s. 514 17Section 514. 301.35 (2) (e) of the statutes is created to read:
AB130,152,1818 301.35 (2) (e) A participant in the youthful offender program under s. 938.537.
AB130, s. 515 19Section 515. 301.36 (1) of the statutes is amended to read:
AB130,153,220 301.36 (1) General authority. The department shall investigate and
21supervise all of the state correctional institutions, all Type 1 secured correctional
22facilities, as defined in s. 938.02 (19), that are operated by the department
and all
23secure detention facilities and familiarize itself with all of the circumstances
24affecting their management and usefulness. The department may take enforcement

1action as to a secure detention facility or the juvenile portion of a county jail only after
2consultation with the department of health and social services.
AB130, s. 516 3Section 516. 302.11 (10) of the statutes is amended to read:
AB130,153,64 302.11 (10) An inmate subject to an order under s. 48.366 938.34 (4g) or 938.366
5is not entitled to mandatory release and may be released or discharged only as
6provided under s. 48.366 938.366 or 938.537.
AB130, s. 517 7Section 517. 302.17 (2) of the statutes is amended to read:
AB130,153,118 302.17 (2) The department shall make entries on the register to reflect the
9progress made by each inmate while incarcerated and the inmate's release on parole,
10condition at the time of parole and progress made while on parole. This subsection
11does not apply to inmates subject to an order under s. 48.366 938.366.
AB130, s. 518 12Section 518. 302.17 (3) of the statutes is amended to read:
AB130,153,1513 302.17 (3) If the inmate is subject to an order under s. 48.366 938.366, the
14department shall keep a record of the inmate's behavior for use in proceedings under
15s. 48.366 938.366 (5) and (6).
AB130, s. 519 16Section 519. 302.18 (7) of the statutes is amended to read:
AB130,153,2217 302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections
18shall keep all prisoners under 16 15 years of age in secured juvenile correctional
19facilities and all prisoners under 12 years of age in secured child caring institutions,
20as defined in s. 938.02 (15g)
, but the department of health and social services, with
21the concurrence of the department of corrections, may transfer them to adult
22correctional institutions after they attain 16 15 years of age.
AB130, s. 520 23Section 520. 302.255 of the statutes is amended to read:
AB130,154,2 24302.255 Interstate corrections compact; additional applicability.
25"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order

1under s. 48.366 938.366 who are confined to a state prison under s. 302.01 and
2persons subject to an order under s. 938.34 (4g) who are 17 years of age or older
.
AB130, s. 521 3Section 521. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385, is
4amended to read:
AB130,154,20 5302.31 Use of jails. The county jail may be used for the detention of persons
6charged with crime and committed for trial; for the detention of persons committed
7to secure their attendance as witnesses; to imprison persons committed pursuant to
8a sentence or held in custody by the sheriff for any cause authorized by law; for the
9detention of persons sentenced to imprisonment in state penal institutions or a
10county house of correction, until they are removed to those institutions; for the
11detention of persons participating in the intensive sanctions program; for the
12temporary detention of persons in the custody of the department; and for other
13detentions authorized by law. The county jail may be used for the temporary
14placement of persons in the custody of the department, other than persons under 17
15years of age who are in the custody of the department under s. 938.34 (4g),
and
16persons who have attained the age of 18 17 years but have not attained the age of 25
1721 years who are under the supervision of the department of health and social
18services under s. 48.355 (4) 938.355 or 48.366 938.366 and who have been taken into
19custody pending revocation of aftercare supervision under s. 48.357 938.357 (5) (e)
20or 48.366 938.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).
AB130, s. 522 21Section 522. 302.386 (1) of the statutes is amended to read:
AB130,155,622 302.386 (1) Except as provided in sub. (5), liability for medical and dental
23services furnished to residents housed in prisons identified in s. 302.01 or in a
24secured correctional facility as defined in s. 48.02 938.02 (15m), or in a secured child
25caring institution, as defined in s. 938.02 (15g),
or to forensic patients in state

1institutions for those services which are not provided by employes of the department
2shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for
3similar services. The department may waive any such limit if it determines that
4needed services cannot be obtained for the applicable amount. No provider of
5services may bill the resident or patient for the cost of services exceeding the amount
6of the liability under this subsection.
AB130, s. 523 7Section 523. 302.386 (2) (intro.) of the statutes is amended to read:
AB130,155,128 302.386 (2) (intro.) The liability of the state for medical and dental services
9under sub. (1) does not extend to that part of the medical or dental services of a
10resident housed in a prison identified in s. 302.01 or in, a secured correctional facility
11as defined in s. 48.02 938.02 (15m) , or a secured child caring institution, as defined
12in s. 938.02 (15g),
for which any of the following applies:
AB130, s. 524 13Section 524. 302.386 (3) of the statutes is amended to read:
AB130,155,2414 302.386 (3) The department may require a resident housed in a prison
15identified in s. 302.01 or in, a secured correctional facility as defined in s. 48.02
16938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), who
17earns wages during residency and who receives medical or dental services to pay a
18deductible, coinsurance, copayment or similar charge upon the medical or dental
19service that he or she receives. The department shall collect the allowable
20deductible, coinsurance, copayment or similar charge. No provider of services may
21deny care or services because the resident is unable to pay the applicable deductible,
22coinsurance, copayment or similar charge, but an inability to pay these charges does
23not relieve the resident of liability for the charges unless the department excepts or
24waives the liability under criteria that the department shall establish by rule.
AB130, s. 525 25Section 525. 302.386 (5) (c) of the statutes is created to read:
AB130,156,3
1302.386 (5) (c) Any participant in the corrective sanctions program under s.
2938.533 unless he or she is placed in a Type 1 secured correctional facility, as defined
3in s. 938.02 (19).
AB130, s. 526 4Section 526. 302.386 (5) (d) of the statutes is created to read:
AB130,156,85 302.386 (5) (d) Any participant in the youthful offender program under s.
6938.537 unless he or she is placed in a Type 1 secured correctional facility, as defined
7in s. 938.02 (19), or in a Type 1 prison other than the institution authorized under
8s. 301.046 (1).
AB130, s. 527 9Section 527. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act
10377
, is amended to read:
AB130,157,211 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
12973.0135, the parole commission may parole an inmate of the Wisconsin state
13prisons or any felon or any person serving at least one year or more in a county house
14of correction or a county reforestation camp organized under s. 303.07, when he or
15she has served 25% of the sentence imposed for the offense, or 6 months, whichever
16is greater. The parole commission may parole a participant in the youthful offender
17program under s. 48.537 938.537 when he or she has participated in that program
18for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
19may parole an inmate serving a life term when he or she has served 20 years, as
20modified by the formula under s. 302.11 (1) and subject to extension using the
21formulas under s. 302.11 (2). The person serving the life term shall be given credit
22for time served prior to sentencing under s. 973.155, including good time under s.
23973.155 (4). The secretary may grant special action parole releases under s. 304.02.
24The department or the parole commission shall not provide any convicted offender

1or other person sentenced to the department's custody any parole eligibility or
2evaluation until the person has been confined at least 60 days following sentencing.
AB130, s. 528 3Section 528. 304.06 (1z) of the statutes is created to read:
AB130,157,74 304.06 (1z) If a person is placed in the youthful offender program under s.
5938.34 (4g), he or she is eligible for a release to parole supervision under this section
6and remains in the youthful offender program unless discharged by the department
7under s. 938.537 (5) (b).
AB130, s. 529 8Section 529. 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is
9repealed.
AB130, s. 530 10Section 530. 304.15 of the statutes is amended to read:
AB130,157,12 11304.15 Nonapplicability of chapter. This chapter does not apply to a person
12who is subject to an order under s. 48.366 938.366.
AB130, s. 531 13Section 531. 340.01 (9r) (d) of the statutes is amended to read:
AB130,157,1614 340.01 (9r) (d) A finding by a court assigned to exercise jurisdiction under ch.
15chs. 48 and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted
16under ch. 349.
AB130, s. 532 17Section 532. 343.06 (1) (i) of the statutes is amended to read:
AB130,158,518 343.06 (1) (i) To any person who has been convicted of any offense specified
19under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 48
20938 for a like or similar offense, when the sentencing court makes a finding that
21issuance of a license will be inimical to the public safety and welfare. The prohibition
22against issuance of a license to the offenders shall apply immediately upon receipt
23of a record of the conviction and the court finding by the secretary, for a period of one
24year or until discharge from any jail or prison sentence or any period of probation or
25parole with respect to the offenses specified, whichever date is the later. Receipt by

1the offender of a certificate of discharge from the department of corrections or other
2responsible supervising agency, after one year has elapsed since the prohibition
3began, entitles the holder to apply for an operator's license. The applicant may be
4required to present the certificate of discharge to the secretary if the latter deems it
5necessary.
AB130, s. 533 6Section 533. 343.30 (5) of the statutes is amended to read:
AB130,158,157 343.30 (5) No court may suspend or revoke an operating privilege except as
8authorized by this chapter or ch. 48, 345 or, 351 or 938 or s. 161.50. When a court
9revokes, suspends or restricts a child's operating privilege under ch. 48 938, the
10department of transportation shall not disclose information concerning or relating
11to the revocation, suspension or restriction to any person other than a court, district
12attorney, county corporation counsel, city, village or town attorney, law enforcement
13agency, or the minor whose operating privilege is revoked, suspended or restricted,
14or his or her parent or guardian. Persons entitled to receive this information shall
15not disclose the information to other persons or agencies.
AB130, s. 534 16Section 534. 343.30 (6) (b) (intro.) of the statutes is amended to read:
AB130,158,1917 343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's
18operating privilege under s. 48.344 (2), (2b) or (2d) or 125.07 (4) (c) or 938.344 (2), (2b)
19or (2d)
, the suspension or revocation imposed shall be one of the following:
AB130, s. 535 20Section 535. 752.31 (2) (e) of the statutes is amended to read:
AB130,158,2121 752.31 (2) (e) Cases under ch. chs. 48 and 938.
AB130, s. 536 22Section 536. 757.69 (1) (g) of the statutes is amended to read:
AB130,159,1323 757.69 (1) (g) When assigned to the court assigned jurisdiction under ch. chs.
2448 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and
25warrants, order the release or detention of children apprehended, conduct detention

1and shelter care hearings, conduct preliminary appearances, conduct uncontested
2proceedings under ss. 48.12 and 48.13, 938.12, 938.13 and 938.18, enter into consent
3decrees and exercise the powers and perform the duties specified in par. (j) or (m),
4whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
5respondent is a child. Waiver Contested waiver hearings under s. 48.18 938.18 and
6dispositional hearings under ss. 48.33 to 48.35 48.335 and 938.335 shall be
7conducted by a judge. When acting in an official capacity and assigned to the
8children's court center, a court commissioner shall sit at the children's court center
9or such other facility designated by the chief judge. Any decision by the
10commissioner shall be reviewed by the judge of the branch of court to which the case
11has been assigned, upon motion of any party. Any determination, order or ruling by
12the commissioner may be certified to the branch of court to which such case has been
13assigned upon a motion of any party for a hearing de novo.
AB130, s. 537 14Section 537. 758.19 (6) of the statutes is amended to read:
AB130,159,2515 758.19 (6) The director of state courts shall reimburse each county for the costs
16of guardian ad litem compensation incurred after May 10, 1994, under ss. 48.235 (8),
1748.996, 55.06 (6) and (9) (b), 767.045 (6), 880.33 (2) (a) 2., 880.331 (8) and, 891.39 (1)
18(b), 938.235 (8) and 938.996 from the appropriation under s. 20.625 (1) (e). No
19reimbursement under this subsection may exceed the per hour rate established for
20time spent in court by private attorneys under s. 977.08 (4m). The costs
21reimbursable under this subsection shall be paid pursuant to a voucher submitted
22by the clerk of circuit court to the director of state courts. The voucher shall include
23the number of hours charged by the guardians ad litem. If the moneys available
24under s. 20.625 (1) (e) are insufficient to reimburse all eligible claims submitted by
25counties for payment under this subsection, the moneys shall be prorated.
AB130, s. 538
1Section 538. 767.02 (1) (m) of the statutes is amended to read:
AB130,160,42 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355
3(2) (b) 4., 48.357 (5m) or, 48.363 (2) , 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or
4938.363 (2)
.
AB130, s. 539 5Section 539. 767.24 (3) (e) of the statutes is amended to read:
AB130,160,86 767.24 (3) (e) The charges for care furnished to a child whose custody is
7transferred under this subsection shall be pursuant to the procedure under s. 48.36
8(1) or 938.36 (1) except as provided in s. 767.29 (3).
AB130, s. 540 9Section 540. 767.29 (3) of the statutes is amended to read:
AB130,160,1710 767.29 (3) If maintenance payments or support money, or both, is ordered to
11be paid for the benefit of any person, who is committed by court order to an institution
12or is in confinement, or whose legal custody is vested by court order under ch. 48 or
13938
in an agency, department or relative, the court or family court commissioner may
14order such maintenance payments or support money to be paid to the relative or
15agency, institution, welfare department or other entity having the legal or actual
16custody of said person, and to be used for the latter's care and maintenance, without
17the appointment of a guardian under ch. 880.
AB130, s. 541 18Section 541. 767.30 (1) of the statutes is amended to read:
AB130,161,219 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b)
204., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
21(2),
support or maintenance under s. 767.08, child support, family support or
22maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
23767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
24obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal

1support under s. 948.22 (7), the court may provide that any payment be paid in the
2amounts and at the times as that it considers expedient.
AB130, s. 542 3Section 542. 767.305 of the statutes is amended to read:
AB130,161,13 4767.305 Enforcement; contempt proceedings. In all cases where a party
5has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
6767.23, 767.25, 767.255, 767.26, 767.261, 767.262 or, 767.293, 938.183 (2), 938.355
7(2) (b) 4., 938.357 (5m) or 938.363 (2)
and has failed within a reasonable time or as
8ordered by the court to satisfy such obligation, and where the wage assignment
9proceeding under s. 767.265 and the account transfer under s. 767.267 are
10inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
11on the application of the receiving party, issue an order requiring the payer to show
12cause at some reasonable time therein specified why he or she should not be punished
13for such misconduct as provided in ch. 785.
AB130, s. 543 14Section 543. 767.32 (1) (a) of the statutes is amended to read:
AB130,162,1515 767.32 (1) (a) After a judgment or order providing for child support under this
16chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4.,
17938.357 (5m), 938.363 (2)
or 948.22 (7), maintenance payments under s. 767.26 or
18family support payments under this chapter, or for the appointment of trustees
19under s. 767.31, the court may, from time to time, on the petition, motion or order to
20show cause of either of the parties, or upon the petition, motion or order to show cause
21of the department of health and social services, a county department under s. 46.215,
2246.22 or 46.23 or a child support program designee under s. 59.07 (97) if an
23assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or
24their minor children receive aid under ch. 49, and upon notice to the family court
25commissioner, revise and alter such judgment or order respecting the amount of such

1maintenance or child support and the payment thereof, and also respecting the
2appropriation and payment of the principal and income of the property so held in
3trust, and may make any judgment or order respecting any of the matters that such
4court might have made in the original action, except that a judgment or order that
5waives maintenance payments for either party shall not thereafter be revised or
6altered in that respect nor shall the provisions of a judgment or order with respect
7to final division of property be subject to revision or modification. A revision, under
8this section, of a judgment or order with respect to an amount of child or family
9support may be made only upon a finding of a substantial change in circumstances.
10In any action under this section to revise a judgment or order with respect to
11maintenance payments, a substantial change in the cost of living by either party or
12as measured by the federal bureau of labor statistics may be sufficient to justify a
13revision of judgment or order with respect to the amount of maintenance, except that
14a change in an obligor's cost of living is not in itself sufficient if payments are
15expressed as a percentage of income.
AB130, s. 544 16Section 544. 767.32 (2r) of the statutes is amended to read:
AB130,162,2017 767.32 (2r) If the court revises a judgment or order providing for child support
18that was entered under s. 448.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2),
19938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2),
the court shall determine child support
20in the manner provided in s. 46.10 (14).
AB130, s. 545 21Section 545. 767.47 (10) of the statutes is amended to read:
AB130,162,2422 767.47 (10) A record of the testimony of the child's mother relating to the child's
23paternity, made as provided under s. 48.299 (6) or 938.299 (6), is admissible in
24evidence on the issue of paternity.
AB130, s. 546 25Section 546. 778.25 (1) (a) 1. of the statutes is amended to read:
AB130,163,4
1778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573
2(2), 161.574 (2) or 161.575 (2) or under a local ordinance strictly conforming to one
3of those statutes brought against an adult in circuit court or against a minor in the
4court assigned to exercise jurisdiction under ch. chs. 48 and 938.
AB130, s. 547 5Section 547. 778.25 (1) (a) 4. of the statutes is amended to read:
AB130,163,76 778.25 (1) (a) 4. Under s. 48.983 brought against a minor in the court assigned
7to exercise jurisdiction under ch. chs. 48 and 938.
AB130, s. 548 8Section 548. 778.25 (1) (a) 5. of the statutes is amended to read:
AB130,163,119 778.25 (1) (a) 5. Under administrative rules promulgated by the board of
10regents under s. 36.11 (1) (c) brought against an adult in circuit court or against a
11minor in the court assigned to exercise jurisdiction under ch. chs. 48 and 938.
AB130, s. 549 12Section 549. 778.25 (8) (a) of the statutes is amended to read:
AB130,163,1613 778.25 (8) (a) If the defendant has not made a deposit, the court may issue a
14summons or an arrest warrant, except if the defendant is a minor the court shall
15proceed under s. 48.28 938.28. Chapter 48 938 governs taking and holding a minor
16in custody.
AB130, s. 550 17Section 550. 778.25 (8) (b) of the statutes is amended to read:
AB130,164,818 778.25 (8) (b) If the defendant has made a deposit, the citation may serve as
19the initial pleading and the defendant shall be considered to have tendered a plea
20of no contest and submitted to a forfeiture, penalty assessment and jail assessment
21plus costs, including any applicable fees prescribed in ch. 814, not exceeding the
22amount of the deposit. The court may either accept the plea of no contest and enter
23judgment accordingly, or reject the plea and issue a summons or arrest warrant,
24except if the defendant is a minor the court shall proceed under s. 48.28 938.28.
25Chapter 48 938 governs taking and holding a minor in custody. If the court accepts

1the plea of no contest, the defendant may move within 90 days after the date set for
2appearance to withdraw the plea of no contest, open the judgment and enter a plea
3of not guilty if the defendant shows to the satisfaction of the court that failure to
4appear was due to mistake, inadvertence, surprise or excusable neglect. If a party
5is relieved from the plea of no contest, the court or judge may order a written
6complaint or petition to be filed. If on reopening the defendant is found not guilty,
7the court shall delete the record of conviction and shall order the defendant's deposit
8returned.
AB130, s. 551 9Section 551. 778.25 (8) (c) of the statutes is amended to read:
AB130,164,2210 778.25 (8) (c) If the defendant has made a deposit and stipulation of no contest,
11the citation serves as the initial pleading and the defendant shall be considered to
12have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
13and jail assessment plus costs, including any applicable fees prescribed in ch. 814,
14not exceeding the amount of the deposit. The court may either accept the plea of no
15contest and enter judgment accordingly, or reject the plea and issue a summons or
16arrest warrant, except if the defendant is a minor the court shall proceed under s.
1748.28 938.28. Chapter 48 938 governs taking and holding a minor in custody. After
18signing a stipulation of no contest, the defendant may, at any time prior to or at the
19time of the court appearance date, move the court for relief from the effect of the
20stipulation. The court may act on the motion, with or without notice, for cause shown
21by affidavit and upon just terms, and relieve the defendant from the stipulation and
22the effects of the stipulation.
AB130, s. 552 23Section 552. 808.04 (3) of the statutes is amended to read:
AB130,165,3
1808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case
2or a case under ch. 48, 51 or, 55 or 938 shall be initiated within the time period
3specified in s. 809.30.
AB130, s. 553 4Section 553. 808.04 (4) of the statutes is amended to read:
AB130,165,75 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a
6criminal case under s. 974.05 or a case under ch. 48 or 938 shall be initiated within
745 days of entry of the judgment or order appealed from.
AB130, s. 554 8Section 554. 808.075 (4) (fn) of the statutes is created to read:
AB130,165,99 808.075 (4) (fn) In a case under ch. 938:
AB130,165,1010 2. Review of nonsecure custody orders under s. 938.207.
AB130,165,1211 3. Review of secure detention orders under s. 938.208 and secure detention
12status reviews under s. 938.209 (1) (e).
AB130,165,1313 4. Hearing for child held in custody under s. 938.21.
AB130,165,1414 5. Hearing upon involuntary removal under s. 938.305.
AB130,165,1515 6. Revision of dispositional order under s. 938.363.
AB130,165,1616 7. Extension of dispositional order under s. 938.365, unless s. 938.368 applies.
Loading...
Loading...