AB130-AA26,30,10
148.505 (title)
Children placed in a secured correctional facility or on
2aftercare. The When a child is under the supervision of the department under s.
348.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county
4department under s. 48.34 (4n), the department
or county department having
5supervision over the child shall have the right and duty to protect, train, discipline,
6treat and confine
a child who is placed in a secured correctional facility under s. 48.34
7(4m), 48.357 (4) or (5) (e) or 48.366, the child and to provide food, shelter, legal
8services, education and ordinary medical and dental care for the child, subject to the
9rights, duties and responsibilities of the guardian of the child and subject to any
10residual parental rights and responsibilities and the provisions of any court order.".
AB130-AA26, s. 345d
16Section 345d. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
17Acts 377 and 385, is amended to read:
AB130-AA26,30,2118
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
19secured correctional facility or a placement in the community under the corrective
20sanctions program
or the youthful offender program, the department
of health and
21social services or the department of corrections shall:
AB130-AA26, s. 345g
22Section 345g. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
23Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-AA26, s. 345p
1Section 345p. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts
2377 and 385, is repealed.
AB130-AA26,31,7
7"
Section 370g. 48.78 (2) (e) of the statutes is repealed.
AB130-AA26,32,210
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
11941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
12941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
13943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
14948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
15correctional facility, has been allowed to leave a secured correctional facility for a
16specified time period and is absent from the facility for more than 12 hours after the
17expiration of the specified period or has run away from the child's placement in the
18community while under corrective sanctions
or youthful offender supervision, the
19department
of health and social services or the department of corrections may
20release the child's name and any information about the child that is necessary for the
21protection of the public or to secure the child's return to the facility or placement.
22The department
of health and social services shall promulgate rules establishing
23guidelines for the release of the child's name or information about the child to the
24public
, except that the department of corrections shall promulgate rules establishing
1guidelines for the release to the public of the name of a child, or information about
2a child, who is a participant in the youthful offender program.
AB130-AA26,32,9
8"
Section 427m. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts
9377, 385 and 491, is amended to read:
AB130-AA26,32,2010
118.125
(4)
Transfer of records. Within 5 working days, a school district shall
11transfer to another school or school district all pupil records relating to a specific
12pupil if the transferring school district has received written notice from the pupil if
13he or she is an adult or his or her parent or guardian if the pupil is a minor that the
14pupil intends to enroll in the other school or school district or written notice from the
15other school or school district that the pupil has enrolled or from a court that
legal
16custody of the pupil has been transferred to the department of corrections or that the
17pupil has been placed in a juvenile correctional facility. In this subsection, "school"
18and "school district" include any state juvenile correctional facility which provides
19an educational program for its residents instead of or in addition to that which is
20provided by public and private schools.
AB130-AA26, s. 427p
21Section 427p. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts
22377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
23read:
AB130-AA26,33,11
1118.125
(4) Transfer of records. Within 5 working days, a school district shall
2transfer to another school or school district all pupil records relating to a specific
3pupil if the transferring school district has received written notice from the pupil if
4he or she is an adult or his or her parent or guardian if the pupil is a minor that the
5pupil intends to enroll in the other school or school district or written notice from the
6other school or school district that the pupil has enrolled or from a court that the pupil
7has been placed in a juvenile correctional facility or a secured child caring
8institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school
9district" include any state juvenile correctional facility or secured child caring
10institution which provides an educational program for its residents instead of or in
11addition to that which is provided by public and private schools.".
AB130-AA26,33,15
15"
Section 477m. 161.573 (2) of the statutes is amended to read:
AB130-AA26,33,1716
161.573
(2) Any person who violates this section who is under
18 17 years of
17age is subject to a disposition under s. 48.344 (2e).
AB130-AA26, s. 477p
18Section 477p. 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is repealed and recreated to read:
AB130-AA26,33,2120
161.573
(2) Any person who violates this section who is under 17 years of age
21is subject to a disposition under s. 938.344 (2e).
AB130-AA26,33,2423
161.574
(2) Any person who violates this section who is under
18 17 years of
24age is subject to a disposition under s. 48.344 (2e).
AB130-AA26, s. 478p
1Section 478p. 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB130-AA26,34,43
161.574
(2) Any person who violates this section who is under 17 years of age
4is subject to a disposition under s. 938.344 (2e).".
AB130-AA26,34,6
6"
Section 480m. 161.575 (2) of the statutes is amended to read:
AB130-AA26,34,87
161.575
(2) Any person who violates this section who is under
18 17 years of
8age is subject to a disposition under s. 48.344 (2e).
AB130-AA26, s. 480p
9Section 480p. 161.575 (2) of the statutes, as affected by 1995 Wisconsin Act
10.... (this act), is repealed and recreated to read:
AB130-AA26,34,1211
161.575
(2) Any person who violates this section who is under 17 years of age
12is subject to a disposition under s. 938.344 (2e).".
AB130-AA26,34,2317
227.03
(4) The provisions of this chapter relating to contested cases do not
18apply to proceedings involving the revocation of aftercare supervision under s.
1948.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5)
or
20youthful offender supervision under s. 48.537 (4), the revocation of parole or
21probation, the grant of probation, prison discipline, mandatory release under s.
22302.11 or any other proceeding involving the care and treatment of a resident or an
23inmate of a correctional institution.
AB130-AA26,35,93
227.03
(4) The provisions of this chapter relating to contested cases do not
4apply to proceedings involving the revocation of aftercare supervision under s.
548.366 (5) or 938.357 (5) or corrective sanctions supervision under s. 938.357 (5) or
6serious juvenile offender supervision under s. 938.538 (4), the revocation of parole
7or probation, the grant of probation, prison discipline, mandatory release under s.
8302.11 or any other proceeding involving the care and treatment of a resident or an
9inmate of a correctional institution.".
AB130-AA26,35,1716
301.03
(9r) Supervise all persons placed in the serious juvenile offender
17program under s. 938.538.".
AB130-AA26,36,221
301.28
(1) In this section, "correctional officer" means any person classified as
22a correctional officer employed by the state whose principal duty is the supervision
23of inmates at a prison, as defined in s. 302.01
, or the supervision of children at a
1secured correctional facility, as defined in s. 48.02 (15m), operated by the
2department.
AB130-AA26,36,85
301.28
(1) In this section, "correctional officer" means any person classified as
6a correctional officer employed by the state whose principal duty is the supervision
7of inmates at a prison, as defined in s. 302.01, or the supervision of children at a
8secured correctional facility, as defined in s. 48.02 (15m).".
AB130-AA26,36,11
10"301.35
(2) (e) A participant in the serious juvenile offender program under s.
11938.538.".
AB130-AA26,37,12
22302.31 Use of jails. The county jail may be used for the detention of persons
23charged with crime and committed for trial; for the detention of persons committed
24to secure their attendance as witnesses; to imprison persons committed pursuant to
1a sentence or held in custody by the sheriff for any cause authorized by law; for the
2detention of persons sentenced to imprisonment in state penal institutions or a
3county house of correction, until they are removed to those institutions; for the
4detention of persons participating in the intensive sanctions program; for the
5temporary detention of persons in the custody of the department; and for other
6detentions authorized by law. The county jail may be used for the temporary
7placement of persons in the custody of the department, and persons who have
8attained the age of
18 17 years but have not attained the age of 25 years who are
9under the supervision of the department of health and social services under s. 48.355
10(4) or 48.366 and who have been taken into custody pending revocation of aftercare
11supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision
12under s. 48.357 (5) (e).
AB130-AA26,38,3
15302.31 Use of jails. The county jail may be used for the detention of persons
16charged with crime and committed for trial; for the detention of persons committed
17to secure their attendance as witnesses; to imprison persons committed pursuant to
18a sentence or held in custody by the sheriff for any cause authorized by law; for the
19detention of persons sentenced to imprisonment in state penal institutions or a
20county house of correction, until they are removed to those institutions; for the
21detention of persons participating in the intensive sanctions program; for the
22temporary detention of persons in the custody of the department; and for other
23detentions authorized by law. The county jail may be used for the temporary
24placement of persons in the custody of the department, other than persons under 17
25years of age, and persons who have attained the age of 17 years but have not attained
1the age of 25 years who are under the supervision of the department of health and
2social services under s. 48.366 or 938.355 (4) and who have been taken into custody
3pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).".
AB130-AA26,39,210
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
11973.0135, the parole commission may parole an inmate of the Wisconsin state
12prisons or any felon or any person serving at least one year or more in a county house
13of correction or a county reforestation camp organized under s. 303.07, when he or
14she has served 25% of the sentence imposed for the offense, or 6 months, whichever
15is greater.
The parole commission may parole a participant in the youthful offender
16program under s. 48.537 when he or she has participated in that program for 2 years. 17Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole
18an inmate serving a life term when he or she has served 20 years, as modified by the
19formula under s. 302.11 (1) and subject to extension using the formulas under s.
20302.11 (2). The person serving the life term shall be given credit for time served prior
21to sentencing under s. 973.155, including good time under s. 973.155 (4). The
22secretary may grant special action parole releases under s. 304.02. The department
23or the parole commission shall not provide any convicted offender or other person
1sentenced to the department's custody any parole eligibility or evaluation until the
2person has been confined at least 60 days following sentencing.
AB130-AA26,39,205
304.06
(1) (b)
Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
6973.0135, the parole commission may parole an inmate of the Wisconsin state
7prisons or any felon or any person serving at least one year or more in a county house
8of correction or a county reforestation camp organized under s. 303.07, when he or
9she has served 25% of the sentence imposed for the offense, or 6 months, whichever
10is greater. The parole commission may parole a participant in the serious juvenile
11offender program under s. 938.538 when he or she has participated in that program
12for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
13may parole an inmate serving a life term when he or she has served 20 years, as
14modified by the formula under s. 302.11 (1) and subject to extension using the
15formulas under s. 302.11 (2). The person serving the life term shall be given credit
16for time served prior to sentencing under s. 973.155, including good time under s.
17973.155 (4). The secretary may grant special action parole releases under s. 304.02.
18The department or the parole commission shall not provide any convicted offender
19or other person sentenced to the department's custody any parole eligibility or
20evaluation until the person has been confined at least 60 days following sentencing.".
AB130-AA26,40,2
23"
(1) "Adult" means a person who is 18 years of age or older, except that for
24purposes of prosecuting a person who is alleged to have violated any state or federal
1criminal law or any civil law or municipal ordinance, "adult" means a person who has
2attained 17 years of age.".
AB130-AA26,40,7
4"
(10m) "Juvenile" means a person who is less than 18 years of age, except that
5for purposes of prosecuting a person who is alleged to have violated a state or federal
6criminal law or any civil law or municipal ordinance, "juvenile" does not include a
7person who has attained 17 years of age.".
AB130-AA26,40,18
14"
(2r) If it appears that the child may be suitable for participation in the serious
15juvenile offender program under s. 938.538 or the adult intensive sanctions program
16under s. 301.048, the judge shall order the department of corrections to submit a
17written report analyzing the child's suitability for participation in those programs
18and recommending whether the child should be placed in either of those programs.".