AB130-SSA1,130,2118
230.36
(3) (c) (intro.) A guard, institution aide, or other employe at the
19University of Wisconsin Hospitals and Clinics or at a state penal or mental
20institution, including a secured correctional facility, as defined in s.
48.02 938.02 21(15m), and a state probation and parole officer, at all times while:
AB130-SSA1,131,923
252.04
(6) The school, day care center or nursery school shall notify the district
24attorney of the county in which the student resides of any minor student who fails
25to present written evidence of completed immunizations or a written waiver under
1sub. (3) within 60 school days after being admitted to the school, day care center or
2nursery school. The district attorney shall petition the court exercising jurisdiction
3under
ch. chs. 48
and 938 for an order directing that the student be in compliance
4with the requirements of this section. If the court grants the petition, the court may
5specify the date by which a written waiver shall be submitted under sub. (3) or may
6specify the terms of the immunization schedule. The court may require an adult
7student or the parent, guardian or legal custodian of a minor student who refuses to
8submit a written waiver by the specified date or meet the terms of the immunization
9schedule to forfeit not more than $25 per day of violation.
AB130-SSA1,131,1711
252.11
(5m) A health care professional,
as defined in s. 48.296 (1) (a), or a
12health care professional, as defined in s. 968.38 (1) (a), acting under an order of a
13court under s.
48.296 938.296 (4) or 968.38 (4) may, without first obtaining informed
14consent to the testing, subject an individual to a test or a series of tests to ascertain
15whether that individual is infected with a sexually transmitted disease. No sample
16used for performance of a test under this subsection may disclose the name of the test
17subject.
AB130-SSA1,132,219
252.11
(7) Reports, examinations and inspections and all records concerning
20sexually transmitted diseases are confidential and not open to public inspection, and
21shall not be divulged except as may be necessary for the preservation of the public
22health, in the course of commitment proceedings under sub. (5) or as provided under
23s.
48.296 938.296 (4) or 968.38 (4). If a physician has reported a case of sexually
24transmitted disease to the department under sub. (4), information regarding the
1presence of the disease and treatment is not privileged when the patient or physician
2is called upon to testify to the facts before any court of record.
AB130-SSA1,132,104
252.15
(1) (ab) "Affected person" means an emergency medical technician, first
5responder, fire fighter, peace officer, correctional officer, person who is employed at
6a secured correctional facility, as defined in s.
48.02 938.02 (15m),
or at a secured
7child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or
8keeper of a jail or person designated with custodial authority by the jailer or keeper,
9health care provider, employe of a health care provider or staff member of a state
10crime laboratory.
AB130-SSA1,132,1812
252.15
(2) (a) 6. A health care professional acting under an order of the court
13under subd. 7. or s.
48.296 938.296 (4) or 968.38 (4) may, without first obtaining
14consent to the testing, subject an individual to a test or a series of tests to detect the
15presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No
16sample used for laboratory test purposes under this subdivision may disclose the
17name of the test subject, and, notwithstanding sub. (4) (c), the test results may not
18be made part of the individual's permanent medical record.
AB130-SSA1, s. 521
19Section
521. 252.15 (2) (a) 7. a. of the statutes is amended to read:
AB130-SSA1,133,1120
252.15
(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
21emergency medical technician, first responder, fire fighter, peace officer, correctional
22officer, person who is employed at a secured correctional facility, as defined in s.
48.02 23938.02 (15m),
or at a secured child caring institution, as defined in s. 938.02 (15g), 24state patrol officer, jailer or keeper of a jail or person designated with custodial
25authority by the jailer or keeper who, during the course of providing care or services
1to an individual; or a peace officer, correctional officer, state patrol officer, jailer or
2keeper of a jail or person designated with custodial authority by the jailer or keeper
3who, while searching or arresting an individual or while controlling or transferring
4an individual in custody; or a health care provider or an employe of a health care
5provider who, during the course of providing care or treatment to an individual or
6handling or processing specimens of body fluids or tissues of an individual; or a staff
7member of a state crime laboratory who, during the course of handling or processing
8specimens of body fluids or tissues of an individual; is significantly exposed to the
9individual may subject the individual's blood to a test or a series of tests for the
10presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and
11may receive disclosure of the results.
AB130-SSA1,133,1713
252.15
(5) (a) 17. To an alleged victim or victim, to a health care professional,
14upon request as specified in s.
48.296 938.296 (4) (e) or 968.38 (4) (c), who provides
15care to the alleged victim or victim and, if the alleged victim or victim is a minor, to
16the parent or guardian of the alleged victim or victim, under s.
48.296 938.296 (4) or
17968.38 (4).
AB130-SSA1,133,2519
252.15
(5) (a) 19. If the test was administered to a child for whom placement
20in a foster home, group home or child caring institution is recommended under s.
2148.33 (4)
or 938.33 (3) or (4), to an agency directed by a court to prepare a court report
22under s. 48.33 (1)
or 938.33 (1) or a permanency plan under s. 48.38
or 938.38 23regarding the child and, by that agency, to the child's foster parent or the operator
24of the group home or child caring institution in which the child is placed, as provided
25in s. 48.371
or 938.371.
AB130-SSA1,134,42
301.01
(2) (b) Any resident of a secured correctional facility, as defined in s.
348.02 938.02 (15m)
, or of a secured child caring institution, as defined in s. 938.02
4(15g).
AB130-SSA1,134,87
301.01
(4) "State correctional institution" means a state prison under s. 302.01
8or a secured correctional facility, as defined in s.
48.02 938.02 (15m).
AB130-SSA1,134,16
11301.025 Division of juvenile corrections. The division of juvenile
12corrections shall exercise the powers and perform the duties of the department that
13relate to juvenile correctional services and institutions, juvenile offender review,
14aftercare, corrective sanctions, the juvenile boot camp program under s.
48.532 15938.532, the serious juvenile offender program under s.
48.538 938.538 and youth
16aids.
AB130-SSA1,134,1918
301.03
(9) Supervise all persons placed under s. 48.366 (8)
or 938.183 in a state
19prison.
AB130-SSA1,134,2221
301.03
(9r) Supervise all persons placed in the serious juvenile offender
22program under s. 938.538.
AB130-SSA1,135,9
1301.03
(10) (c) Promote the enforcement of laws for the protection of delinquent
2children. To this end, the department shall cooperate with courts assigned to
3exercise jurisdiction under
ch. chs. 48
and 938, county departments under s. 46.215,
446.22 and 46.23 and licensed child welfare agencies and institutions in providing
5community-based programming, including in-home programming and intensive
6supervision, for delinquent children. The department shall also establish and
7enforce standards for the development and delivery of services provided by the
8department under ch.
48 938 in regard to children who have been adjudicated
9delinquent.
AB130-SSA1,135,1110
(e) Provide educational programs in all secured correctional facilities, as
11defined in s.
48.02 938.02 (15m).
AB130-SSA1,135,1312
(f) Provide health services and psychiatric services for residents of all secured
13correctional facilities, as defined in s.
48.02 938.02 (15m).
AB130-SSA1,135,2016
301.031
(1) (a) Each county department under s. 46.215, 46.22 or 46.23 shall
17submit its final budget for services directly provided or purchased to the department
18by December 31 annually.
The final budget shall be submitted on a uniform budget
19reporting form that the department shall develop and distribute for use and that
20shall include all of the following:
AB130-SSA1,136,6
1301.032
(1) (b) All records of the department and all county records relating
2to juvenile delinquency-related services shall be open to inspection at all reasonable
3hours by authorized representatives of the federal government. Notwithstanding s.
448.396 938.396 (2), all county records relating to the administration of such services
5shall be open to inspection at all reasonable hours by authorized representatives of
6the department.
AB130-SSA1,136,108
301.035
(2) Assign hearing examiners from the division to preside over
9hearings under ss.
48.357 (5), 302.11 (7),
938.357 (5), 973.10 and 975.10 (2) and ch.
10304.
AB130-SSA1,136,1412
301.035
(4) Supervise employes in the conduct of the activities of the division
13and be the administrative reviewing authority for decisions of the division under ss.
1448.357 (5), 302.11 (7),
938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.
AB130-SSA1,136,23
17301.12 Uniform fee schedule; collections. The department of corrections
18shall establish fees for juvenile correctional services provided by that department
19which shall be included in the uniform system of fees established by the department
20of health and social services under s. 46.03 (18). Collections and liability
21enforcement of fee chargeable services for the department of corrections shall be
22performed by the department of health and social services under ss. 46.03 (18), 46.10
23and
48.36 938.36.
AB130-SSA1,137,12
1301.20 Training school for delinquent boys. The department, with the
2approval of the governor, may purchase or accept a gift of land for a suitable site for
3an additional training school for delinquent boys and erect and equip such buildings
4as it deems necessary at such time as funds may be allocated for that purpose by the
5building commission. The training school or other additional facilities for delinquent
6boys financed by the authorized 1965-67 building program shall be located north of
7a line between La Crosse and Manitowoc. The department shall operate and
8maintain the institution for the treatment of delinquent boys who are placed under
9the supervision of the department under s.
48.34
938.34 (4h) or (4m). All laws
10pertaining to the care of children received under s.
48.34 938.34 shall apply. Officers
11and employes of the institution are subject to the same laws as apply to other
12facilities described in s.
48.557 938.52.
AB130-SSA1,137,19
15301.205 Reimbursement to visiting families. The department may
16reimburse families visiting girls at a secured correctional facility, as defined in s.
1748.02 938.02 (15m). If the department decides to provide the reimbursement, it shall
18establish criteria for the level of reimbursement, which shall include family income
19and size and other relevant factors.
AB130-SSA1,138,322
301.26
(1) Procedures. The department shall develop procedures for the
23implementation of this section and standards for the development and delivery of
24juvenile delinquency-related services under ch.
48
938, and shall provide
25consultation and technical assistance to aid counties in implementation and service
1delivery. The department shall establish information systems, monitoring and
2evaluation procedures to report periodically to the governor and legislature on the
3state impact of this section.
AB130-SSA1,138,146
301.26
(2) (c) All funds to counties under this section shall be used to purchase
7or provide juvenile delinquency-related services under ch.
48 938, except that no
8funds to counties under this section may be used for purposes of land purchase,
9building construction or maintenance of buildings under s. 46.17, 46.175 or 301.37,
10for reimbursement of costs under s.
48.209 938.209, for city lockups or for
11reimbursement of care costs in temporary shelter care under s.
48.22 938.22. Funds
12to counties under this section may be used for reimbursement of costs of program
13services, other than basic care and supervision costs, in juvenile secure detention
14facilities.
AB130-SSA1,139,317
301.26
(4) (a) Except as provided in pars. (c) and (cm), the department of
18corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd)
19for the costs of care, services and supplies purchased or provided by the department
20of corrections for each person receiving services under
ss. 48.34 and s. 48.366
,
21938.183 (2) or 938.34 or the department of health and social services for each person
22receiving services under s. 51.35 (3). The department of corrections may not bill a
23county for or deduct from a county's allocation the cost of care, services and supplies
24provided to a person subject to an order under s. 48.366
or 938.183 (2) after the person
25reaches 18 years of age. Payment shall be due within 60 days after the billing date.
1If any payment has not been received within 60 days, the department of corrections
2may withhold aid payments in the amount due from the appropriation under s.
320.410 (3) (cd).
AB130-SSA1,139,206
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
7the basis of the per person per day cost estimate specified in par. (d) 2. to 4. Except
8as provided in pars. (bm), (c) and (cm), liability shall apply to county departments
9under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under
10ch. chs. 48
and 938 for each person receiving services from the department of
11corrections under
ss. 48.34 and s. 48.366
, 938.183 (2) or 938.34 or the department of
12health and social services under s. 51.35 (3). Except as provided in pars. (bm), (c) and
13(cm), in multicounty court jurisdictions, the county of residency within the
14jurisdiction shall be liable for costs under this subsection. Assessment of costs under
15par. (a) shall also be made according to the general placement type or level of care
16provided, as defined by the department, and prorated according to the ratio of the
17amount designated under sub. (3) (c) to the total applicable estimated costs of care,
18services and supplies provided by the department of corrections under ss.
48.34 and 1948.366
, 938.183 (2) and 938.34 and the department of health and social services
20under s. 51.35 (3).
AB130-SSA1,140,323
301.26
(4) (c) Notwithstanding pars. (a), (b) and (bm), the department of
24corrections shall pay, from the appropriation under s. 20.410 (3) (hm), the costs of
25care, services and supplies provided for each person receiving services under
ss.
148.34, s. 48.366
and, 51.35 (3)
, 938.183 (2) or 938.34 who was under the guardianship
2of the department of health and social services pursuant to an order under ch. 48 at
3the time that the person was adjudicated delinquent.
AB130-SSA1,140,166
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
7transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
8under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
9correctional institutions, secured child caring institutions, as defined in s.
48.02 10938.02 (15g), alternate care providers, aftercare supervision providers and corrective
11sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
12care of any child 14 years of age or over who has been placed in a juvenile correctional
13facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01,
14940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4.,
15943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30,
16948.35 (1) (b) or 948.36.
AB130-SSA1,141,219
301.26
(4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall
20transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
21under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
22correctional institutions, secured child caring institutions, as defined in s.
48.02 23938.02 (15g), alternate care providers, aftercare supervision providers and corrective
24sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
25care of any child 14 years of age or over and under 18 years of age who has been placed
1in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a
2violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
AB130-SSA1,141,85
301.26
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
48.34 6938.34, all payments and deductions made under this subsection and uniform fee
7collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
820.410 (3) (hm).
AB130-SSA1,141,1411
301.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under
s. ss. 1248.366
and 938.183 (2), all payments and deductions made under this subsection and
13uniform fee collections made under s. 46.03 (18) shall be deposited in the
14appropriation under s. 20.410 (3) (hm).
AB130-SSA1,141,2117
301.26
(4) (e) For foster care, treatment foster care, group home care and
18institutional child care to delinquent children under ss.
48.553 (3) and (8), 48.557 and 1949.19 (10) (d)
, 938.48 (4) and (14) and 938.52 all payments and deductions made
20under this subsection and uniform fee collections under s. 46.03 (18) shall be
21deposited in the appropriation under s. 20.410 (3) (ho).
AB130-SSA1,142,224
301.26
(4) (ed) For foster care, treatment foster care, group home care and
25institutional child care to serious juvenile offenders under ss.
48.533 (3) and (8),
148.557 and 49.19 (10) (d)
, 938.48 (4) and (14) and 938.52 all uniform fee collections
2under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).
AB130-SSA1,142,75
301.26
(4) (eg) For corrective sanctions services under s.
48.533 938.533 (2), all
6payments and deductions made under this subsection and uniform fee collections
7under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hr).
AB130-SSA1,142,1310
301.26
(4) (g) For juvenile field and institutional aftercare services under ch.
1148 938 and for the juvenile offender review program, all payments and deductions
12made under this subsection and uniform fee collections under s. 46.03 (18) shall be
13deposited in the general fund and shall be treated as a nonappropriated receipt.
AB130-SSA1,142,2516
301.26
(7) (h) For counties that are participating in the corrective sanctions
17program under s.
48.533 938.533 (2), $1,062,400 in the last 6 months of 1996 and
18$1,062,400 in the first 6 months of 1997 for the provision of corrective sanctions
19services for children from that county. In distributing funds to counties under this
20paragraph, the department shall determine a county's distribution by dividing the
21amount allocated under this paragraph by the number of slots authorized for the
22program under s.
48.533 938.533 (2) and multiplying the quotient by the number of
23slots allocated to that county by agreement between the department and the county.
24The department may transfer funds among counties as necessary to distribute funds
25based on the number of slots allocated to each county.
AB130-SSA1,143,153
301.263
(3) The department shall distribute 33% of the amounts distributed
4under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
5reported statewide under the uniform crime reporting system of the office of justice
6assistance in the department of administration, during the most recent 2-year
7period for which that information is available. The department shall distribute 33%
8of the amounts distributed under sub. (1) based on each county's proportion of the
9number of children statewide who are placed in a juvenile correctional institution
or
10a secured child caring institution, as defined in s. 938.02 (15g), during the most
11recent 2-year period for which that information is available. The department shall
12distribute 34% of the amounts distributed under sub. (1) based on each county's
13proportion of the total Part I juvenile arrests reported statewide under the uniform
14crime reporting system of the office of justice assistance, during the most recent
152-year period for which that information is available.
AB130-SSA1,143,1817
301.35
(2) (e) A participant in the serious juvenile offender program under s.
18938.538.
AB130-SSA1,144,321
301.36
(5) Enforcement by attorney general and district attorneys. Upon
22request of the department, the attorney general or the district attorney serving the
23proper county shall aid in any investigation, inspection, hearing or trial had under
24this chapter or those sections of ch.
48 938 relating to powers of the department, and
25shall institute and prosecute all necessary actions or proceedings for the enforcement
1of those provisions and for the punishment of violations of those provisions. The
2attorney general or district attorney so requested shall report or confer with the
3department regarding the request, within 30 days after receipt of the request.
AB130-SSA1,144,75
302.11
(10) An inmate subject to an order under s. 48.366
or 938.34 (4h) is not
6entitled to mandatory release and may be released or discharged only as provided
7under s. 48.366
or 938.538.
AB130-SSA1,144,1310
302.18
(7) Except as provided in s. 973.013 (3m), the department shall keep all
11prisoners under
16 15 years of age in secured juvenile correctional facilities or
12secured child caring institutions, but the department may transfer them to adult
13correctional institutions after they attain
16 15 years of age.
AB130-SSA1,144,18
15302.255 Interstate corrections compact; additional applicability. 16"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
17under s. 48.366 who are confined to a state prison under s. 302.01
and persons subject
18to an order under s. 938.34 (4h) who are 17 years of age or older.
AB130-SSA1,145,10
21302.31 Use of jails. The county jail may be used for the detention of persons
22charged with crime and committed for trial; for the detention of persons committed
23to secure their attendance as witnesses; to imprison persons committed pursuant to
24a sentence or held in custody by the sheriff for any cause authorized by law; for the
25detention of persons sentenced to imprisonment in state penal institutions or a
1county house of correction, until they are removed to those institutions; for the
2detention of persons participating in the intensive sanctions program; for the
3temporary detention of persons in the custody of the department; and for other
4detentions authorized by law. The county jail may be used for the temporary
5placement of persons in the custody of the department, and persons who have
6attained the age of 17 years but have not attained the age of 25 years who are under
7the supervision of the department of health and social services under s. 48.355 (4)
8or 48.366 and who have been taken into custody pending revocation of aftercare
9supervision under s. 48.357 (5) (e) or 48.366 (5)
or corrective sanctions supervision
10under s. 48.357 (5) (e).