1995 Wisconsin Act 448

448,3 Section 3 . 20.475 (1) (i) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

20.475 (1) (i) Other employes. The amounts in the schedule to reimburse Milwaukee County for the costs of clerks necessary for the prosecution of violent crime cases under s. 978.13 (1) (c) and clerks providing clerical services under s. 978.13 (1) (b) to prosecutors handling cases involving felony violations under ch. 161 961. All moneys received under s. 814.635 (1m) shall be credited to this appropriation account.

448,4 Section 4. 23.33 (1) (e) of the statutes is amended to read:

23.33 (1) (e) “Controlled substance" has the meaning specified under s. 161.01 961.01 (4).

448,5 Section 5 . 23.33 (1) (f) of the statutes is created to read:

23.33 (1) (f) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,6 Section 6 . 23.33 (1) (i) of the statutes is amended to read:

23.33 (1) (i) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

448,7 Section 7 . 23.33 (13) (e) of the statutes is amended to read:

23.33 (13) (e) (title) Alcohol or, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

448,8 Section 8 . 30.50 (3g) of the statutes is amended to read:

30.50 (3g) “Controlled substance" has the meaning specified under s. 161.01 961.01 (4).

448,9 Section 9 . 30.50 (3h) of the statutes is created to read:

30.50 (3h) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,10 Section 10 . 30.50 (4e) of the statutes is amended to read:

30.50 (4e) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

448,11 Section 11 . 30.80 (6) (d) of the statutes is amended to read:

30.80 (6) (d) (title) Alcohol or, controlled substances or controlled substance analogs; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or, controlled substances or controlled substance analogs. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

448,12 Section 12 . 36.11 (21) of the statutes is amended to read:

36.11 (21) (title) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by a center or institution or by the system, that constitutes a violation of ch. 161 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a system environment that is free from controlled substances, as defined in s. 161.01 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

448,13 Section 13 . 38.12 (10) of the statutes is amended to read:

38.12 (10) (title) Controlled substances and controlled substance analogs; discipline. Each district board shall adopt rules providing nonacademic misconduct disciplinary sanctions for any student who engages in an activity, on district premises or at a district-sponsored event, that constitutes a violation of ch. 161 961. In determining the appropriate sanction, the district board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a school environment free from controlled substances, as defined in s. 161.01 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

448,14 Section 14 . 46.03 (18) (fm) of the statutes is amended to read:

46.03 (18) (fm) Notwithstanding par. (a), any person who submits to an assessment under s. 161.472 961.472 shall pay a fee to the appropriate county department under s. 51.42. The department of health and social services shall set fees for each county department under s. 51.42 designed to offset all the costs to the county in providing the assessment program. The department of health and social services shall provide for the reduction or waiver of the fee for persons who are unable to pay the complete fee.

448,15 Section 15 . 46.238 (title) of the statutes is amended to read:

46.238 (title) Infants whose mothers abuse controlled substances or controlled substance analogs .

448,16 Section 16 . 46.60 (title) of the statutes is renumbered 961.34 (title).

448,17 Section 17 . 46.60 (1) of the statutes is repealed.

448,18 Section 18 . 46.60 (2) (title) of the statutes is repealed.

448,19 Section 19 . 46.60 (2) of the statutes is renumbered 961.34 and amended to read:

961.34 Upon the request of any practitioner, the controlled substances board shall aid the practitioner in applying for and processing an investigational drug permit for marijuana under 21 USC 355 (i). If the federal food and drug administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies can distribute the marijuana to patients upon written prescription. Only pharmacies located within hospitals are eligible to receive the marijuana for distribution. The controlled substances board shall also approve which practitioners can write prescriptions for the marijuana.

448,20 Section 20 . 46.715 (1) (intro.) of the statutes is amended to read:

46.715 (1) (intro.) Within the limits of the availability of federal funds, the department shall, from the appropriation under s. 20.435 (7) (mb), award not more than $1,200,000 in each fiscal year to fund programs to limit violence and abuse of controlled substances and controlled substance analogs in neighborhoods, including funding for the creation of Wisconsin against drug environments centers and for the use of neighborhood organizers, culturally representative alcohol and other drug abuse trainers, community speakers and persons to monitor certain court actions, as grants to any of the following applying entities:

448,21 Section 21 . 46.973 (1) (a) of the statutes is amended to read:

46.973 (1) (a) “Drug" means a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

448,22 Section 22 . 46.973 (2m) (c) 2. of the statutes is amended to read:

46.973 (2m) (c) 2. The use and abuse of each controlled substances substance or controlled substance analog specified in ch. 161 961.

448,23 Section 23 . 48.02 (1e) of the statutes is amended to read:

48.02 (1e) “Alcohol and other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages or, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

448,24 Section 24 . 48.02 (2d) of the statutes is amended to read:

48.02 (2d) “Controlled substance" has the meaning given in s. 161.01 961.01 (4).

448,25 Section 25 . 48.02 (2e) of the statutes is created to read:

48.02 (2e) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,26 Section 26 . 48.17 (2) (c) of the statutes is amended to read:

48.17 (2) (c) The citation procedures described in ch. 800 shall govern proceedings involving children in municipal court, except that this chapter shall govern the taking and holding of a child in custody. When a child is before the court assigned to exercise jurisdiction under this chapter upon a citation alleging the child to have violated a civil law or municipal ordinance, the procedures specified in s. 48.237 shall apply. If a citation is issued to a child, the issuing agency shall notify the child's parent or guardian within 7 days. The agency issuing a citation to a child who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 48.24 for informational purposes only.

448,27 Section 27 . 48.17 (2) (d) of the statutes is amended to read:

48.17 (2) (d) If a municipal court finds that the child violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 48.343 (1), (2), (4), (5), (6), (7) or (8). If a child fails to pay the forfeiture imposed by the municipal court, the court shall not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 nor more than 90 days, or suspend the child's operating privilege, as defined in s. 340.01 (40), for not less than 30 nor more than 90 days. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

448,28 Section 28 . 48.17 (2) (e) of the statutes is amended to read:

48.17 (2) (e) If a municipal court finds that a child violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s. 48.344.

448,29 Section 29 . 48.18 (1) (a) 1. of the statutes is amended to read:

48.18 (1) (a) 1. If the child is alleged to have attempted to violate s. 940.01 on or after the child's 14th birthday or is alleged to have violated s. 161.41 (1), 940.01, 940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31 or, 943.10 (2) or 961.41 (1) on or after the child's 14th birthday.

448,30 Section 30 . 48.18 (1) (a) 2. of the statutes is amended to read:

48.18 (1) (a) 2. If the child is alleged to have committed, on or after the child's 14th birthday, a violation, at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult.

448,31 Section 31 . 48.24 (2m) (a) 1. of the statutes is amended to read:

48.24 (2m) (a) 1. Any child alleged to have committed a violation specified under ch. 161 961.

448,32 Section 32 . 48.24 (2m) (a) 3. of the statutes is amended to read:

48.24 (2m) (a) 3. Any child alleged to have committed any offense which appears to the intake worker to be directly motivated by the child's need to purchase or otherwise obtain alcohol beverages or, controlled substances or controlled substance analogs.

448,33 Section 33 . 48.245 (2) (a) 3. of the statutes is amended to read:

48.245 (2) (a) 3. That the child submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) and that is conducted by an approved treatment facility for an examination of the child's use of alcohol beverages or, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects.

448,34 Section 34 . 48.245 (2) (a) 4. of the statutes is amended to read:

48.245 (2) (a) 4. That the child participate in an alcohol and other drug abuse outpatient treatment program or an education program relating to the abuse of alcohol beverages or, controlled substances or controlled substance analogs, if an alcohol and other drug abuse assessment conducted under subd. 3. recommends outpatient treatment or education.

448,35 Section 35 . 48.295 (1c) (b) of the statutes is amended to read:

48.295 (1c) (b) The child was adjudicated delinquent on the basis of an offense specified in ch. 161 961.

448,36 Section 36 . 48.295 (1c) (c) of the statutes is amended to read:

48.295 (1c) (c) The greater weight of the evidence at a fact-finding hearing indicates that any offense which formed the basis for the adjudication was motivated by the child's need to purchase or otherwise obtain alcohol beverages or, controlled substances or controlled substance analogs.

448,37 Section 37 . 48.295 (1g) of the statutes is amended to read:

48.295 (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the child is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the child is in need of treatment for abuse of alcohol beverages or, controlled substances or controlled substance analogs or education relating to the use of alcohol beverages and, controlled substances and controlled substance analogs and, if so, shall recommend a service plan and an appropriate treatment, from an approved treatment facility, or a court-approved education program.

448,38 Section 38 . 48.31 (4) of the statutes is amended to read:

48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to (11m). In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. In cases alleging a child delinquent or in need of protection or services under s. 48.13 (12) the court shall make findings relating to the proof of the violation of law and to the proof that the child named in the petition committed the violation alleged.

448,39 Section 39 . 48.31 (4) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

448,40 Section 40 . 48.32 (1g) (intro.) of the statutes is amended to read:

48.32 (1g) (intro.) If the petition alleges that the child committed a violation specified under ch. 161 961 and if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family and social effects, the judge or juvenile court commissioner may establish as a condition under sub. (1) any of the following:

448,41 Section 41 . 48.34 (4r) (a) of the statutes is amended to read:

48.34 (4r) (a) In addition to any other dispositions imposed under this section, if the child is found to have violated ch. 161 961, the judge shall suspend or revoke the child's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation of ch. 161 961.

448,42 Section 42 . 48.34 (4r) (b) of the statutes is amended to read:

48.34 (4r) (b) This subsection does not apply to violations under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

448,43 Section 43 . 48.34 (4s) (a) (intro.) of the statutes is amended to read:

48.34 (4s) (a) (intro.) In addition to any other dispositions imposed under this section, if the child is found to have violated s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g), the judge shall order one of the following penalties:

448,44 Section 44 . 48.34 (4s) (am) (intro.) of the statutes is amended to read:

48.34 (4s) (am) (intro.) In addition to any other dispositions imposed under this section, if the child is found to have violated s. 161.41 961.41 (1) or (1m), the judge shall order one of the following penalties:

448,45 Section 45 . 48.34 (7m) of the statutes is amended to read:

48.34 (7m) If the child is adjudicated delinquent under a violation of s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g) by possessing or attempting to possess a controlled substance listed included in schedule I or II under ch. 161 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 while in or on the premises of a scattered-site public housing project, as defined in s. 161.01 961.01 (20i), while in or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, as defined in s. 161.01 961.01 (12m), a multiunit public housing project, as defined in s. 161.01 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 161.01 961.01 (22), or a community center, while on or otherwise within 1,000 feet of any private or public school premises or while on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the judge shall require that the child participate for 100 hours in a supervised work program under sub. (9) or perform 100 hours of other community service work.

448,46 Section 46 . 48.34 (13) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

48.34 (13) (a) If the report prepared under s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective.

448,47 Section 47 . 48.34 (13) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

48.34 (13) (b) If the report prepared under s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages or, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child about the child's attendance at the program.

448,48 Section 48 . 48.343 (10) (intro.) of the statutes is amended to read:

48.343 (10) (intro.) If the violation is related to the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs, order the child to do any of the following: