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).
AB130-SSA1, s. 559
11Section
559. 302.31 of the statutes, as affected by 1995 Wisconsin Acts 27,
12section 6367m, and .... (this act), is repealed and recreated to read:
AB130-SSA1,146,2
13302.31 Use of jails. The county jail may be used for the detention of persons
14charged with crime and committed for trial; for the detention of persons committed
15to secure their attendance as witnesses; to imprison persons committed pursuant to
16a sentence or held in custody by the sheriff for any cause authorized by law; for the
17detention of persons sentenced to imprisonment in state penal institutions or a
18county house of correction, until they are removed to those institutions; for the
19detention of persons participating in the intensive sanctions program; for the
20temporary detention of persons in the custody of the department; and for other
21detentions authorized by law. The county jail may be used for the temporary
22placement of persons in the custody of the department, other than persons under 17
23years of age, and persons who have attained the age of 17 years but have not attained
24the age of 25 years who are under the supervision of the department under s. 48.366
1or 938.355 (4) and who have been taken into custody pending revocation of aftercare
2supervision under s. 48.366 (5) or 938.357 (5) (e).
AB130-SSA1,146,134
302.386
(1) Except as provided in sub. (5), liability for medical and dental
5services furnished to residents housed in prisons identified in s. 302.01 or in a
6secured correctional facility as defined in s.
48.02
938.02 (15m)
, or in a secured child
7caring institution, as defined in s. 938.02 (15g), or to forensic patients in state
8institutions for those services which are not provided by employes of the department
9shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for
10similar services. The department may waive any such limit if it determines that
11needed services cannot be obtained for the applicable amount. No provider of
12services may bill the resident or patient for the cost of services exceeding the amount
13of the liability under this subsection.
AB130-SSA1, s. 561
14Section
561. 302.386 (2) (intro.) of the statutes is amended to read:
AB130-SSA1,146,1915
302.386
(2) (intro.) The liability of the state for medical and dental services
16under sub. (1) does not extend to that part of the medical or dental services of a
17resident housed in a prison identified in s. 302.01
or in, a secured correctional facility
18as defined in s.
48.02 938.02 (15m)
, or a secured child caring institution, as defined
19in s. 938.02 (15g), for which any of the following applies:
AB130-SSA1,147,322
302.386
(3) (a) Except as provided in par. (b), the department may require a
23resident housed in a prison identified in s. 302.01 or in a secured correctional facility
24as defined in s.
48.02 938.02 (15m) who earns wages during residency and who
25receives medical or dental services to pay a deductible, coinsurance, copayment or
1similar charge upon the medical or dental service that he or she receives. The
2department shall collect the allowable deductible, coinsurance, copayment or similar
3charge.
AB130-SSA1,147,75
302.386
(5) (c) Any participant in the corrective sanctions program under s.
648.533 unless he or she is placed in a Type 1 secured correctional facility, as defined
7in s. 48.02 (19).
AB130-SSA1, s. 564
8Section
564. 302.386 (5) (c) of the statutes, as created by 1995 Wisconsin Act
9.... (this act), is amended to read:
AB130-SSA1,147,1210
302.386
(5) (c) Any participant in the corrective sanctions program under s.
1148.533 938.533 unless he or she is placed in a Type 1 secured correctional facility, as
12defined in s.
48.02 938.02 (19).
AB130-SSA1,147,1714
302.386
(5) (d) Any participant in the serious juvenile offender program under
15s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as
16defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized
17under s. 301.046 (1).
AB130-SSA1,147,2320
302.425
(2g) (title)
County departments and department of health and social
21services; general authority. Subject to the limitations under sub. (3m), a county
22department or the department of
health and social services may place in the home
23detention program any child who is in its custody or under its supervision.
AB130-SSA1,148,3
1302.425
(2m) Intensive sanctions program participants. Notwithstanding the
2agreement requirements under sub. (3), the department
of corrections may place any
3intensive sanctions program participant in a home detention program.
AB130-SSA1, s. 568
4Section
568. 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts
526 and 27, is amended to read:
AB130-SSA1,148,166
302.425
(3) Placement of a prisoner in the program. If a prisoner described
7under sub. (2) and the department
of corrections agree, the sheriff or superintendent
8may place the prisoner in the home detention program and provide that the prisoner
9be detained at the prisoner's place of residence or other place designated by the
10sheriff or superintendent and be monitored by an active electronic monitoring
11system. The sheriff or superintendent shall establish reasonable terms of detention
12and ensure that the prisoner is provided a written statement of those terms,
13including a description of the detention monitoring procedures and requirements
14and of any applicable liability issues. The terms may include a requirement that the
15prisoner pay the county a daily fee to cover the county costs associated with
16monitoring him or her.
AB130-SSA1,149,619
302.425
(3m) Placement of a child in the program. Upon The department or,
20upon the agreement of the department
of corrections, the county department
or the
21department of health and social services may place the child in the home detention
22program and provide that the child be detained at the child's place of residence or
23other place designated by the
department or the county department
or the
24department of health and social services and be monitored by an active electronic
25monitoring system. The
department or the county department
or the department of
1health and social services shall provide reasonable terms of detention and ensure
2that the child receives a written statement of those terms, including a description of
3the detention monitoring procedures and requirements and of any applicable
4liability issues. The terms may include a requirement that the child or his or her
5parent or guardian pay the county or state a daily fee to cover the costs associated
6with monitoring him or her.
AB130-SSA1,149,179
302.425
(4) Departmental duties. The department
of corrections shall ensure
10that electronic monitoring equipment units are available, pursuant to contractual
11agreements with county sheriffs
, and county departments
and the department of
12health and social services, throughout the state on an equitable basis. If a prisoner
13is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home
14detention program, the department
of corrections shall install and monitor
15electronic monitoring equipment. The department
of corrections shall charge the
16county a daily per prisoner fee or per child fee, whichever is applicable, to cover the
17department's costs for these services.
AB130-SSA1,150,5
20303.215 Compensation to prisoners or residents injured in prison
21industries employment. In accordance with s. 102.03 (2), for an inmate of a state
22institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
23compensation under ch. 102 on being released from the applicable institution, on
24parole, on final discharge or in accordance with ch.
48 938, whichever is applicable,
25is the exclusive remedy against the department and any employe of the department
1for any injury sustained by the inmate or resident while performing service growing
2out of and incidental to that employment. The department shall make any payments
3required under this section from the revolving appropriation for the operation of
4prison industries or, if there is no revolving appropriation for the operation of prison
5industries, from the general fund.
AB130-SSA1,150,248
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
9973.0135, the parole commission may parole an inmate of the Wisconsin state
10prisons or any felon or any person serving at least one year or more in a county house
11of correction or a county reforestation camp organized under s. 303.07, when he or
12she has served 25% of the sentence imposed for the offense, or 6 months, whichever
13is greater. The parole commission may parole a participant in the serious juvenile
14offender program under s.
48.538 938.538 when he or she has participated in that
15program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole
16commission may parole an inmate serving a life term when he or she has served 20
17years, as modified by the formula under s. 302.11 (1) and subject to extension using
18the formulas under s. 302.11 (2). The person serving the life term shall be given
19credit for time served prior to sentencing under s. 973.155, including good time under
20s. 973.155 (4). The secretary may grant special action parole releases under s.
21304.02. The department or the parole commission shall not provide any convicted
22offender or other person sentenced to the department's custody any parole eligibility
23or evaluation until the person has been confined at least 60 days following
24sentencing.
AB130-SSA1,151,4
1304.06
(1z) If a person is placed in the serious juvenile offender program under
2s. 938.34 (4h), he or she is eligible for a release to parole supervision under this
3section and remains in the serious juvenile offender program unless discharged by
4the department under s. 938.537 (5) (b).
AB130-SSA1,151,86
340.01
(9r) (d) A finding by a court assigned to exercise jurisdiction under
ch. 7chs. 48
and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted
8under ch. 349.
AB130-SSA1,151,2210
343.06
(1) (i) To any person who has been convicted of any offense specified
11under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch.
48 12938 for a like or similar offense, when the sentencing court makes a finding that
13issuance of a license will be inimical to the public safety and welfare. The prohibition
14against issuance of a license to the offenders shall apply immediately upon receipt
15of a record of the conviction and the court finding by the secretary, for a period of one
16year or until discharge from any jail or prison sentence or any period of probation or
17parole with respect to the offenses specified, whichever date is the later. Receipt by
18the offender of a certificate of discharge from the department of corrections or other
19responsible supervising agency, after one year has elapsed since the prohibition
20began, entitles the holder to apply for an operator's license. The applicant may be
21required to present the certificate of discharge to the secretary if the latter deems it
22necessary.
AB130-SSA1,152,724
343.30
(5) No court may suspend or revoke an operating privilege except as
25authorized by this chapter or ch.
48, 345
or, 351
or 938 or s. 161.50. When a court
1revokes, suspends or restricts a child's operating privilege under ch.
48 938, the
2department of transportation shall not disclose information concerning or relating
3to the revocation, suspension or restriction to any person other than a court, district
4attorney, county corporation counsel, city, village or town attorney, law enforcement
5agency, or the minor whose operating privilege is revoked, suspended or restricted,
6or his or her parent or guardian. Persons entitled to receive this information shall
7not disclose the information to other persons or agencies.
AB130-SSA1, s. 577
8Section
577. 343.30 (6) (b) (intro.) of the statutes is amended to read:
AB130-SSA1,152,119
343.30
(6) (b) (intro.) If a court imposes suspension or revocation of a person's
10operating privilege under s.
48.344 (2), (2b) or (2d) or 125.07 (4) (c)
or 938.344 (2), (2b)
11or (2d), the suspension or revocation imposed shall be one of the following:
AB130-SSA1,152,1313
752.31
(2) (e) Cases under
ch. chs. 48
and 938.
AB130-SSA1,152,1815
757.69
(1) (intro.) On authority delegated by a judge, which may be by a
16standard order, and with the approval of the chief judge of the judicial administrative
17district, a court commissioner appointed under s. 48.065, 757.68, 757.72
or, 767.13
18or 938.065 may:
AB130-SSA1,153,1020
757.69
(1) (g) When assigned to the court assigned jurisdiction under
ch. chs. 2148
and 938, a court commissioner may, under ch. 48
or 938, issue summonses and
22warrants, order the release or detention of children apprehended, conduct detention
23and shelter care hearings, conduct preliminary appearances, conduct uncontested
24proceedings under ss.
48.12 and 48.13
, 938.12, 938.13 and 938.18, enter into consent
25decrees and exercise the powers and perform the duties specified in par. (j) or (m),
1whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
2respondent is a child.
Waiver Contested waiver hearings under s.
48.18 938.18 and
3dispositional hearings under ss.
48.33 to 48.35 48.335 and 938.335 shall be
4conducted by a judge. When acting in an official capacity and assigned to the
5children's court center, a court commissioner shall sit at the children's court center
6or such other facility designated by the chief judge. Any decision by the
7commissioner shall be reviewed by the judge of the branch of court to which the case
8has been assigned, upon motion of any party. Any determination, order or ruling by
9the commissioner may be certified to the branch of court to which such case has been
10assigned upon a motion of any party for a hearing de novo.