1995 Wisconsin Act 225

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

225,111 Section 111 . 48.355 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2465n, is amended to read:

48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 17 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

Note: The language stricken above was deleted from s. 48.355 (4) (a) by 1995 Wis. Act 27, s. 2465m. Section 2465n stated that it amended s. 48.355 (4) (a), as affected by s. 2465n, but the language stricken above was inadvertently retained.

225,112 Section 112 . 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.357 (4) (a) When the child is placed with the department of corrections, the department of corrections may, after an examination under s. 48.555, place the child in a secured correctional facility or in a secured child caring institution or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court. A child who is who placed in a secured child caring institution remains under the supervision of the department of corrections, 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).

Note: Corrects word order.

225,113 Section 113 . 48.396 (2) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.396 (2) (e) Upon request of the department of corrections health and social services to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of corrections health and social services the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

Note: See the note to the next section of this bill.

225,114 Section 114 . 48.396 (2) (e) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

48.396 (2) (e) Upon request of the department of health and social services corrections to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of health and social services corrections the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

Note: The amendments of s. 48.396 (2) (e), by this bill, are made to clarify that the amendment of s. 48.396 (2) (e) by 1995 Wis. Act 27 takes effect on 7-1-96. The first amendment returns the provision to its pre-Act 27 status. The second amendment recreates the amendment made by Act 27, effective 7-1-96. Act 27 transfers juvenile correction services from the department of health and social services to the department of corrections effective 7-1-96. Section 48.396 (2) (e) was amended by 1995 Wis. Act 27 to implement this change, but no provision was made to provide that the effective date for this amendment be 7-1-96. Section 9426 (19t) provided that the repeal and recreation of s. 48.396 (2) (e) was to take effect on 7-1-96 but there is no repeal and recreation of s. 48.396 (2) (e) by Act 27.

225,115 Section 115 . 48.415 (intro.) and (1) of the statutes are renumbered 48.415 (1) (intro.) and (1m).

Note: These provisions are renumbered to accommodate the changes made by the next section of this bill.

225,116 Section 116 . 48.415 (1) (title) and (a) to (h) of the statutes are created to read:

48.415 (1) (title) Grounds.

(a) Abandonment.

(b) Continuing need of protection or services.

(c) Continuing parental disability.

(d) Continuing denial of periods of physical placement.

(e) Child abuse.

(f) Failure to assume parental responsibility.

(g) Incestuous parenthood.

(h) Intentional homicide of a parent.

Note: Section 48.415 (intro.) states, “Grounds for termination of parental rights shall be one of the following:", but the grounds are only listed in the titles of the subsections which follow. Under s. 990.001 (6), titles are not part of the statutes.

225,117 Section 117 . 48.42 (4) (c) 3. of the statutes is amended by replacing “40 days" with “15 days".

Note: The time for filing a notice of appeal was shortened from 40 days to 15 days by the treatment of s. 808.04 (7m) by 1993 Wis. Act 395. Sub. (3) (d) of this section was amended to reflect this change, but this provision was not.

225,118 Section 118 . 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2547m, is amended to read:

48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 children, or an average daily population of more that than 105 children if the appropriation under s. 20.435 (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 children who have been placed in a secured correctional facility under s. 48.34 (4m). 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 participant 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 children 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 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department shall promulgate rules to implement the program.

Note: 1995 Wis. Act 27 inserted “that" in place of “than" without showing the change with strikes and underscores. No change was intended.

225,119 Section 119 . 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2547p, is amended to read:

48.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department of corrections shall provide a corrective sanctions program to serve an average daily population of 105 children, or an average daily population of more that than 105 children 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 division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program children who have been placed in the serious juvenile offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34 (4m). The department of corrections shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department of corrections 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 of corrections shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for children 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 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department of corrections shall promulgate rules to implement the program.

Note: See the note to the previous section of this bill.

225,120 Section 120 . 48.75 (1r) of the statutes is amended by replacing “s. 49.19 (12)" with “s. 48.62 (4)".

Note: Corrects cross-reference. Section 49.19 (12) was renumbered s. 48.62 (3) by 1993 Wis. Act 437 and subsequently renumbered s. 48.62 (4) by 1993 Wis. Act 491.

225,121 Section 121 . The amendment of 49.01 (5m) of the statutes by 1995 Wisconsin Act 18 is not repealed by 1995 Wisconsin Act 27, section 2657b. Both amendments stand.

Note: There is no conflict of substance.

225,122 Section 122 . 49.19 (5) (a) 1. of the statutes is amended to read:

49.19 (5) (a) 1. All earned income of each dependent child included in the grant who is: a) a full-time student; or b) a part-time student who is not a full-time employe. For purposes of this subdivision a student is an individual attending a school, college, university or a course of vocational or technical training designed to fit him or her for gainful employment.

Note: Deletes improper numbering designations for greater conformity with current style.

225,123 Section 123 . 49.193 (1) (c) of the statutes is amended by replacing “vocational, technical and adult education" with “technical college system".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,124 Section 124 . 49.45 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215 and, 46.22 and 46.23 for the administrative services performed in the medical assistance program on the basis of s. 49.33 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance program.

Note: 1995 Wis. Act 27 deleted the stricken language and inserted the underscored language without strikes and underscores. This amendment confirms that the changes were intended.

225,125 Section 125 . 49.47 (6) (a) 6. a. of the statutes is amended to read:

49.47 (6) (a) 6. a. In this subdivision: 1),“entitled to coverage under part A of medicare" means eligible for and enrolled in part A of medicare under 42 USC 1395c to 1395f; 2).

ag. In this subdivision,“entitled to coverage under part B of medicare" means eligible for and enrolled in part B of medicare under 42 USC 1395j to 1395L; and 3).

ar. In this subdivision,“income limitation" means income that is equal to or less than 100% of the poverty line, as established under 42 USC 9902 (2).

Note: Amends provision for greater consistency with current style.

225,126 Section 126 . 49.47 (6) (a) 6m. of the statutes is amended by replacing “subd. 6. a. and meets" with “subd. 6. ag. and meets".

Note: Amends cross-reference consistent with renumbering by this bill.

225,127 Section 127 . 49.482 (2) (g) of the statutes, as created by 1995 Wisconsin Act 27, section 3044b, is renumbered 49.682 (2) (g).

Note: Section 49.482 was created by 1995 Wis. Act 27 and all of s. 49.482, except sub. (2) (g) was renumbered s. 49.682, eff. 7-1-96 by Act 27.

225,128 Section 128 . 49.682 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3044i, is amended to read:

49.682 (4) (a) The department may recover amounts under this section for the provision of aid provided under s. 49.68, 49.683 or 49.685 paid on or and after September 1, 1995.

Note: Section 49.482 (4) (a) was created by 1995 Wis. Act 27, section 3044b. As created this provision read “. . . on and after September 1, 1995". Section 3044i renumbered the provision s. 49.682 (4) (a) and amended it. As amended, “and" was replaced by “or" without using strikes and underscores. No change was intended.

225,129 Section 129. 49.723 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2835, is amended to read:

49.723 (2) The board of trustees of a county infirmary (, subject to regulations approved by the county board), shall establish rules and regulations governing the admission and discharge of voluntary patients.

Note: Replaces parentheses for greater conformity with current style.

225,130 Section 130 . 50.49 (1) (b) 4. of the statutes is amended to read:

50.49 (1) (b) 4. Medical supplies ( , other than drugs and biologicals), and the use of medical appliances, while under such a plan;

Note: Replaces parentheses for greater conformity with current style.

225,131 Section 131 . 51.13 (4) (a) of the statutes is renumbered 51.13 (4) (a) (intro.) and amended to read:

51.13 (4) (a) (intro.) Within 3 days of the admission of a minor under sub. (1), or within 3 days of application for such admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under ch. 48 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:

1) the. The name, address and date of birth of the minor;.

2) the. The names and addresses of the minor's parents or guardian;.

3) the. The facts substantiating the petitioner's belief in the minor's need for psychiatric services, or services for developmental disability, alcoholism or drug abuse; .

4) the. The facts substantiating the appropriateness of inpatient treatment in the inpatient treatment facility; .

5) the. The basis for the petitioner's opinion that inpatient care in the facility is the least restrictive treatment consistent with the needs of the minor; and.

6) notation. Notation of any statement made or conduct demonstrated by the minor in the presence of the director or staff of the facility indicating that inpatient treatment is against the wishes of the minor. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition.

Note: Replaces improper subdivision designations and language and reorders text for greater conformity with current style.

225,132 Section 132 . 51.437 (7) (am) 3. of the statutes is amended to read:

51.437 (7) (am) 3. At least one-third of the members of every county developmental disabilities services board serving at any one time shall be appointed from the developmentally disabled citizens or their parents residing in a county with a single-county department of development developmental disabilities services or in any of the counties with a multicounty department of developmental disabilities services.

Note: Inserts correct word.

225,133 Section 133 . 51.45 (13) (f) of the statutes is amended to read:

51.45 (13) (f) The hearing shall be open, unless the person sought to be committed or the person's attorney moves that it be closed, in which case only persons in interest (,including representatives of the county department in all cases), and their attorneys and witnesses may be present. At the hearing the jury, or, if trial by jury is waived, the court, shall consider all relevant evidence, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. Ordinary rules of evidence shall apply to any such proceeding. The person whose commitment is sought shall be present and shall be given an opportunity to be examined by a court-appointed licensed physician. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing the person to the county department for a period of not more than 5 days for purposes of diagnostic examination.

Note: Replaces parentheses for greater conformity with current style.

225,134 Section 134 . 51.45 (13) (g) of the statutes is renumbered 51.45 (13) (g) 1. (intro.) and amended to read:

51.45 (13) (g) 1. (intro.) The court shall make an order of commitment to the county department if, after hearing all relevant evidence, including the results of any diagnostic examination, the trier of fact finds: 1) that all of the following:

a. That the allegations of the petition under par. (a) have been established by clear and convincing evidence; and 2) that.

b. That there is a relationship between the alcoholic condition and the pattern of conduct during the 12-month period immediately preceding the time of petition which is dangerous to the person or others and that such this relationship has been established to a reasonable medical certainty; and 3) that.

c. That there is an extreme likelihood that the pattern of conduct will continue or repeat itself without the intervention of involuntary treatment or institutionalization.

2. The court may not order commitment of a person unless it is shown by clear and convincing evidence that there is no suitable alternative available for the person and that the county department is able to provide appropriate and effective treatment for the individual.

Note: Subdivides provision and replaces language for greater consistency with current style.

225,135 Section 135. 59.07 (13) (a) of the statutes is amended to read:

59.07 (13) (a) Institutions, state farms, airports. Appropriate each year to any municipality and school district in which a county farm, hospital, charitable or penal institution or state hospital, charitable or penal institution or state-owned lands used for agricultural purposes or county or municipally-owned municipally owned airport is located, an amount of money equal to the amount which would have been paid in municipal and school tax upon the lands without buildings, if such land those lands were privately owned. The valuation of such the lands (,without buildings) , and computation of the tax shall be made by the board. In making such the computation under this paragraph, lands on which a courthouse or jail are located and unimproved county lands shall not be included.

Note: Deletes parentheses, corrects spelling and replaces language for greater conformity with current style.