AB130-SSA1,378,1717
4. "Minority group member" means a Black, a Hispanic or an American Indian.
AB130-SSA1,379,218
(b) In the selection of classified service employes for a secured correctional
19facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a), the appointing
20authority shall make every effort to use the expanded certification program under
21s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and
22selection in the department of employment relations to ensure that the percentage
23of employes who are minority group members approximates the percentage of the
24children placed at that secured correctional facility who are minority group
25members. The administrator of the division of merit recruitment and selection in the
1department of employment relations shall provide guidelines for the administration
2of this selection procedure.
AB130-SSA1,379,3
3(7) Rules. The department shall promulgate rules to implement this section.
AB130-SSA1,379,9
4938.54 Records. The department shall keep a complete record on each
5juvenile under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
6(4). This record shall include the information received from the court, the date of
7reception, all available data on the personal and family history of the juvenile, the
8results of all tests and examinations given the juvenile, and a complete history of all
9placements of the juvenile while under the supervision of the department.
AB130-SSA1,379,23
10938.547 Juvenile alcohol and other drug abuse pilot program.
11(1) Legislative findings and purpose. The legislature finds that the use and abuse
12of alcohol and other drugs by juveniles is a state responsibility of statewide
13dimension. The legislature recognizes that there is a lack of adequate procedures to
14screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the
15incidence of alcohol and other drug abuse by juveniles, the legislature deems it
16necessary to experiment with solutions to the problems of the use and abuse of
17alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug
18abuse pilot program in a limited number of counties. The purpose of the program is
19to develop intake and court procedures that screen, assess and give new dispositional
20alternatives for juveniles with needs and problems related to the use of alcohol
21beverages or controlled substances who come within the jurisdiction of a court
22assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties
23selected by the department.
AB130-SSA1,380,9
24(2) Department responsibilities. Within the availability of funding under s.
2520.435 (7) (mb) that is available for the pilot program, the department of health and
1social services shall select counties to participate in the pilot program. Unless a
2county department of human services has been established under s. 46.23 in the
3county that is seeking to implement a pilot program, the application submitted to the
4department of health and social services shall be a joint application by the county
5department that provides social services and the county department established
6under s. 51.42 or 51.437. The department of health and social services shall select
7counties in accordance with the request-for-proposal procedures established by that
8department. The department of health and social services shall give a preference to
9county applications that include a plan for case management.
AB130-SSA1,380,13
10(3) Multidisciplinary screen. The multidisciplinary screen developed for the
11pilot program shall be used by an intake worker to determine whether or not a
12juvenile is in need of an alcohol or other drug abuse assessment. The screen shall
13also include indicators that screen juveniles for:
AB130-SSA1,380,1414
(a) Family dysfunction.
AB130-SSA1,380,1515
(b) School or truancy problems.
AB130-SSA1,380,1616
(c) Mental health problems.
AB130-SSA1,380,1717
(d) Delinquent behavior patterns.
AB130-SSA1,380,25
18(4) Assessment criteria. The uniform alcohol and other drug abuse
19assessment criteria that the department developed shall be used in the pilot program
20under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g).
21An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3.,
22938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the
23person with treatment unless the department permits the approved treatment
24facility to do both in accordance with the criteria established by rule by the
25department.
AB130-SSA1,381,4
1938.548 Multidisciplinary screen and assessment criteria. The
2department of health and social services shall make the multidisciplinary screen
3developed under s. 938.547 (3) and the assessment criteria developed under s.
4938.547 (4) available to all counties.
AB130-SSA1,381,7
5938.549 Juvenile classification system. (1) The department shall make
6available to all counties a juvenile classification system that includes at least all of
7the following:
AB130-SSA1,381,98
(a) A risk assessment instrument for determining the probability that a
9juvenile who has committed an offense will commit another offense.
AB130-SSA1,381,1110
(b) A needs assessment instrument for determining the service needs of a
11juvenile who has committed an offense.
AB130-SSA1,381,1412
(c) A services and placement guide for integrating the risk and needs of a
13juvenile who has committed an offense with other factors to determine an
14appropriate placement and level of services for the juvenile.
AB130-SSA1,381,16
15(2) A county may use the juvenile classification system to do any of the
16following:
AB130-SSA1,381,1817
(a) At the time of an intake inquiry, determine whether to close a case, enter
18into a deferred prosecution agreement or refer the case to the district attorney.
AB130-SSA1,381,2019
(b) At the time of disposition, recommend a placement and a plan of
20rehabilitation, treatment and care for the juvenile.
AB130-SSA1,381,2221
(c) After disposition, determine the level or intensity of supervisory contacts
22required for a juvenile under county supervision.
AB130-SSA1,381,25
23(3) Subject to the availability of resources, the department may provide
24training and technical assistance in the use of the juvenile classification system to
25any county that requests that training and technical assistance.
AB130-SSA1,382,3
1Subchapter XII
2
County JUVENILE
3
welfare services
AB130-SSA1,382,9
4938.57 Powers and duties of county departments providing juvenile
5welfare services. (1) Each county department shall administer and expend such
6amounts as may be necessary out of any moneys which may be appropriated for
7juvenile welfare purposes by the county board of supervisors or donated by
8individuals or private organizations. A county department may do any of the
9following:
AB130-SSA1,382,1710
(a) Investigate the conditions surrounding delinquent juveniles and juveniles
11in need of protection or services within the county and take every reasonable action
12within its power to secure for them the full benefit of all laws enacted for their benefit.
13Unless provided by another agency, the county department shall offer social services
14to the caretaker of any juvenile who is referred to it under the conditions specified
15in this paragraph. This duty shall be discharged in cooperation with the court and
16with the public officers or boards legally responsible for the administration and
17enforcement of these laws.
AB130-SSA1,382,2218
(b) Accept legal custody or supervision of juveniles transferred to it by the court
19under s. 938.355 and provide special treatment and care if ordered by the court.
20Except as provided in s. 938.505 (2), a court may not order a county department to
21administer psychotropic medications to juveniles who receive special treatment or
22care under this paragraph.
AB130-SSA1,383,923
(c) Provide appropriate protection and services for juveniles in its care,
24including providing services for juveniles and their families in their own homes,
25placing the juveniles in licensed foster homes, licensed treatment foster homes or
1licensed group homes in this state or another state within a reasonable proximity to
2the agency with legal custody or contracting for services for them by licensed child
3welfare agencies or replacing them in juvenile correctional institutions or secured
4child caring institutions in accordance with rules promulgated under ch. 227, except
5that the county department may not purchase the educational component of private
6day treatment programs unless the county department, the school board as defined
7in s. 115.001 (7) and the secretary of education all determine that an appropriate
8public education program is not available. Disputes between the county department
9and the school district shall be resolved by the secretary of education.
AB130-SSA1,383,1610
(cm) Provide appropriate services for juveniles who are referred to the county
11department by a municipal court, except that if the funding, staffing or other
12resources of the county department for juvenile welfare services are insufficient to
13meet the needs of all juveniles who are eligible to receive services from the county
14department, the county department shall give first priority to juveniles who are
15referred to the county department by the court assigned to exercise jurisdiction
16under this chapter and ch. 48.
AB130-SSA1,383,1817
(d) Provide for the moral and religious training of juveniles in its care according
18to the religious belief of the juvenile or of his or her parents.
AB130-SSA1,383,1919
(f) Provide services to the court under s. 938.06.
AB130-SSA1,383,2120
(g) Upon request of the department, provide service for any juvenile in the care
21of the department.
AB130-SSA1,383,2322
(h) Contract with any parent or guardian or other person for the care and
23maintenance of any juvenile.
AB130-SSA1,384,3
1(2) In performing the functions specified in sub. (1) the county department may
2avail itself of the cooperation of any individual or private agency or organization
3interested in the social welfare of juveniles in the county.
AB130-SSA1,384,6
4(3) (a) From the reimbursement received under s. 46.495 (1) (d), counties may
5provide funding for the maintenance of any juvenile who meets all of the following
6qualifications:
AB130-SSA1,384,77
1. Is 17 years of age or older.
AB130-SSA1,384,98
2. Is enrolled in and regularly attending a secondary education classroom
9program leading to a high school diploma.
AB130-SSA1,384,1110
3. Received funding under s. 46.495 (1) (d) immediately prior to his or her 17th
11birthday.
AB130-SSA1,384,1312
4. Is living in a foster home, treatment foster home, group home or child caring
13institution.
AB130-SSA1,384,1614
(b) The funding provided for the maintenance of a juvenile under par. (a) shall
15be in an amount equal to that to which the juvenile would receive under s. 46.495 (1)
16(d) if the juvenile were 16 years of age.
AB130-SSA1,385,2
17(4) A county department may provide aftercare supervision under s. 48.34 (4n)
18for juveniles who are released from secured correctional facilities or secured child
19caring institutions operated by the department. If a county department intends to
20change its policy regarding whether the county department or the department shall
21provide aftercare supervision for juveniles released from secured correctional
22facilities or secured child caring institutions operated by the department, the county
23executive or county administrator, or, if the county has no county executive or county
24administrator, the chairperson of the county board of supervisors, or, for multicounty
25departments, the chairpersons of the county boards of supervisors jointly, shall
1submit a letter to the department stating that intent before July 1 of the year
2preceding the year in which the policy change will take effect.
AB130-SSA1,385,15
3938.59 Examination and records. (1) The county department shall
4investigate the personal and family history and environment of any juvenile
5transferred to its legal custody or placed under its supervision under s. 938.34 (4n)
6and make any physical or mental examinations of the juvenile considered necessary
7to determine the type of care necessary for the juvenile. The county department shall
8screen a juvenile who is examined under this subsection to determine whether the
9juvenile is in need of special treatment or care because of alcohol or other drug abuse,
10mental illness or severe emotional disturbance. The county department shall keep
11a complete record of the information received from the court, the date of reception,
12all available data on the personal and family history of the juvenile, the results of all
13tests and examinations given the juvenile and a complete history of all placements
14of the juvenile while in the legal custody or under the supervision of the county
15department.
AB130-SSA1,385,18
16(2) At the department's request, the county department shall report to the
17department regarding juveniles in the legal custody or under the supervision of the
18county department.
AB130-SSA1,385,25
19938.595 Duration of control of county departments over delinquents. 20Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and
21placed under the supervision of a county department under s. 938.34 (4n) shall be
22discharged as soon as the county department determines that there is a reasonable
23probability that it is no longer necessary either for the rehabilitation and treatment
24of the juvenile or for the protection of the public that the county department retain
25supervision.
AB130-SSA1,386,2
1SUBCHAPTER XVII
2
GENERAL PROVISIONS ON RECORDS
AB130-SSA1,386,5
3938.78 Confidentiality of records. (1) In this section, unless otherwise
4qualified, "agency" means the department, a county department or a licensed child
5welfare agency.
AB130-SSA1,386,9
6(2) (a) No agency may make available for inspection or disclose the contents of
7any record kept or information received about an individual in its care or legal
8custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or 938.51
9or by order of the court.
AB130-SSA1,386,1410
(ag) Paragraph (a) does not prohibit an agency from making available for
11inspection or disclosing the contents of a record, upon the request of the parent,
12guardian or legal custodian of the juvenile who is the subject of the record or upon
13the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal
14custodian or juvenile.
AB130-SSA1,386,2015
(am) Paragraph (a) does not prohibit an agency from making available for
16inspection or disclosing the contents of a record, upon the written permission of the
17parent, guardian or legal custodian of the juvenile who is the subject of the record
18or upon the written permission of the juvenile, if 14 years of age or over, to the person
19named in the permission if the parent, guardian, legal custodian or juvenile
20specifically identifies the record in the written permission.
AB130-SSA1,386,2421
(b) 1. Paragraph (a) does not apply to the confidential exchange of information
22between an agency, another social welfare agency, a law enforcement agency, the
23victim-witness coordinator or a public school district regarding an individual in the
24care or legal custody of the agency.
AB130-SSA1,387,9
12. On petition of an agency to review pupil records, as defined in s. 118.125 (1)
2(d), other than pupil records that may be disclosed without court order under s.
3118.125 (2) or (2m), for the purpose of providing treatment or care for an individual
4in the care or legal custody of the agency, the court may order the school board of the
5school district in which an individual is enrolled to disclose to the agency the pupil
6records of the individual as necessary for the agency to provide that treatment or
7care. The agency may use the pupil records only for the purpose of providing
8treatment or care and may make the pupil records available only to employes of the
9agency who are providing treatment or care for the individual.
AB130-SSA1,387,1510
(d) Paragraph (a) does not prohibit the department of health and social services
11or a county department from disclosing information about an individual formerly in
12the legal custody or under the supervision of that department under s. 48.34 (4m),
131993 stats., or formerly under the supervision of that department or county
14department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4n) to the department of
15corrections, if the individual is at the time of disclosure any of the following:
AB130-SSA1,387,1616
1. The subject of a presentence investigation under s. 972.15.
AB130-SSA1,387,1717
2. Under sentence to the Wisconsin state prisons under s. 973.15.
AB130-SSA1,387,1918
3. Subject to an order under s. 48.366 or 938.183 and placed in a state prison
19under s. 48.366 (8) or 938.183.
AB130-SSA1,387,2020
4. On probation to the department of corrections under s. 973.09.
AB130-SSA1,387,2121
5. On parole under s. 302.11 or ch. 304.
AB130-SSA1,388,322
(e) Paragraph (a) does not prohibit the department from disclosing information
23about an individual adjudged delinquent under s. 938.31 for a sexually violent
24offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney
25or a judge acting under ch. 980 or to an attorney who represents a person subject to
1a petition under ch. 980. The court in which the petition under s. 980.02 is filed may
2issue any protective orders that it determines are appropriate concerning
3information disclosed under this paragraph.
AB130-SSA1,388,104
(f) If an agency discloses information in its records about a juvenile under par.
5(b) 1., (d) or (e), the agency shall immediately notify the juvenile who is the subject
6of the record and the juvenile's parent, guardian or legal custodian of that disclosure
7and shall immediately provide to the juvenile and the parent, guardian or legal
8custodian the information disclosed, unless the agency determines that provision of
9that information to the parent, guardian or legal custodian would result in imminent
10danger to the juvenile.
AB130-SSA1,388,23
11(3) If a juvenile adjudged delinquent on the basis of a violation of s. 941.10,
12941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
13941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
14943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
15948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
16correctional facility or a secured child caring institution, has been allowed to leave
17a secured correctional facility or a secured child caring institution for a specified time
18period and is absent from the facility or institution for more than 12 hours after the
19expiration of the specified period, the department may release the juvenile's name
20and any information about the juvenile that is necessary for the protection of the
21public or to secure the juvenile's return to the facility, institution or placement. The
22department shall promulgate rules establishing guidelines for the release of the
23juvenile's name or information about the juvenile to the public.
AB130-SSA1,388,25
24938.795 Powers of the department. The department may do all of the
25following:
AB130-SSA1,389,3
1(1) Collect and collaborate with other agencies in collecting statistics and
2information useful in determining the cause and amount of delinquency and crime
3in this state or in carrying out the powers and duties of the department.
AB130-SSA1,389,7
4(2) Assist communities in their efforts to combat delinquency and social
5breakdown likely to cause delinquency and crime and assist them in setting up
6programs for coordinating the total community program, including the improvement
7of law enforcement.
AB130-SSA1,389,10
8(3) Assist schools in extending their particular contribution in locating and
9helping juveniles vulnerable to delinquency and crime and in improving their
10services to all youth.
AB130-SSA1,389,12
11(4) Develop and maintain an enlightened public opinion in support of a
12program to control delinquency and crime.
AB130-SSA1,389,15
14938.988 Interstate placement of juveniles. Sections 48.988 and 48.989
15apply to the interstate placement of juveniles.
AB130-SSA1,389,2017
939.62
(3) (a) In case of crimes committed in this state, the terms do not include
18motor vehicle offenses under chs. 341 to 349 and offenses handled through
court 19proceedings
in the court assigned to exercise jurisdiction under
ch. chs. 48
and 938,
20but otherwise have the meanings designated in s. 939.60.
AB130-SSA1,390,422
939.62
(3) (b) In case of crimes committed in other jurisdictions, the terms do
23not include those crimes which are equivalent to motor vehicle offenses under chs.
24341 to 349 or to offenses handled through
court proceedings
in the court assigned to
25exercise jurisdiction under
ch. chs. 48
and 938. Otherwise, felony means a crime
1which under the laws of that jurisdiction carries a prescribed maximum penalty of
2imprisonment in a prison or penitentiary for one year or more. Misdemeanor means
3a crime which does not carry a prescribed maximum penalty sufficient to constitute
4it a felony and includes crimes punishable only by a fine.
AB130-SSA1, s. 633
5Section
633. 939.635 (title) and (1) of the statutes are amended to read:
AB130-SSA1,390,18
6939.635 (title)
Penalties; assault or battery in secured juvenile
7correctional facility facilities or to aftercare agent. (1) Except as provided in
8sub. (2), if a person
who has been adjudicated delinquent is convicted of violating s.
9940.20 (1) while placed in a secured correctional facility, as defined in s.
48.02 (15m) 10938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child
11caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment
12unit under s. 46.043 or is convicted of violating s. 940.20 (2m), the court shall
13sentence the person to not less than 3 years of imprisonment. Except as provided in
14sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured
15correctional facility, as defined in s.
48.02 (15m)
938.02 (15m), a secure detention
16facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in
17s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043, the court
18shall sentence the person to not less than 5 years of imprisonment.
AB130-SSA1,391,220
939.635
(2) (b) That imposing the applicable presumptive minimum sentence
21specified in sub. (1) is not necessary to deter the person or other persons from
22committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed
23in a secured correctional facility, as defined in s.
48.02 (15m) 938.02 (15m), a secure
24detention facility, as defined in s. 938.02 (16), a secured child caring institution, as
1defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or
2from committing violations of s. 940.20 (2m).
AB130-SSA1,391,54
940.20
(2m) (title)
Battery to probation and parole agents and aftercare
5agents. (a) In this subsection
, "probation:
AB130-SSA1,391,7
62. "Probation and parole agent" means any person authorized by the
7department of corrections to exercise control over a probationer or parolee.
AB130-SSA1,391,128
(b) Whoever intentionally causes bodily harm to a probation and parole agent
9or an aftercare agent, acting in an official capacity and the person knows or has
10reason to know that the victim is a probation and parole agent
or an aftercare agent,
11by an act done without the consent of the person so injured, is guilty of a Class D
12felony.
AB130-SSA1,391,1514
940.20
(2m) (a) 1. "Aftercare agent" means any person authorized by the
15department of corrections to exercise control over a juvenile on aftercare.
AB130-SSA1,391,2217
941.29
(2) Any person specified in sub. (1) who, subsequent to the conviction
18for the felony or other crime, as specified in sub. (1), subsequent to the adjudication,
19as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not
20responsible by reason of insanity or mental disease, defect or illness, possesses a
21firearm is guilty of a Class E felony.
Whoever violates this section after being
22convicted under this section is guilty of a Class D felony.
AB130-SSA1,392,14
1946.42
(1) (a) "Custody" includes without limitation actual custody of an
2institution, including a secured juvenile correctional facility, a secure detention
3facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
4peace officer or institution guard and constructive custody of prisoners and juveniles
5subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily
6outside the institution whether for the purpose of work, school, medical care, a leave
7granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
8otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
9county to which the prisoner was transferred after conviction.
"
Custody" also
10includes the custody by the department of health and social services of a child who
11is placed in the community under corrective sanctions supervision under s. 48.533. 12It does not include the custody of a probationer or parolee by the department of
13corrections or a probation or parole officer or the custody of a person who has been
14released to aftercare supervision under ch. 48 unless the person is in actual custody.
AB130-SSA1, s. 639
15Section
639. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
1627, section 7233p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,393,417
946.42
(1) (a) "Custody" includes without limitation actual custody of an
18institution, including a secured juvenile correctional facility, a secured child caring
19institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s.
20938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution
21guard and constructive custody of prisoners and juveniles subject to an order under
22s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside
23the institution whether for the purpose of work, school, medical care, a leave granted
24under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise.
25Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to
1which the prisoner was transferred after conviction. It does not include the custody
2of a probationer or parolee by the department of corrections or a probation or parole
3officer or the custody of a person who has been released to aftercare supervision
4under ch. 938 unless the person is in actual custody.
AB130-SSA1,393,86
946.42
(1) (c) "Legal arrest" includes without limitation an arrest pursuant to
7process fair on its face notwithstanding insubstantial irregularities and also
8includes taking a child into custody under s.
48.19
938.19.