Amendment SSA1-AB130

AB130-SSA1,386,2 SUBCHAPTER XVII GENERAL PROVISIONS ON RECORDS

AB130-SSA1,386,5 938.78 Confidentiality of records. (1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.

AB130-SSA1,386,9 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or 938.51 or by order of the court.

AB130-SSA1,386,14 (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal custodian or juvenile.

AB130-SSA1,386,20 (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or juvenile specifically identifies the record in the written permission.

AB130-SSA1,386,24 (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency, another social welfare agency, a law enforcement agency, the victim-witness coordinator or a public school district regarding an individual in the care or legal custody of the agency.

AB130-SSA1,387,9 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employes of the agency who are providing treatment or care for the individual.

AB130-SSA1,387,15 (d) Paragraph (a) does not prohibit the department of health and social services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB130-SSA1,387,16 1. The subject of a presentence investigation under s. 972.15.

AB130-SSA1,387,17 2. Under sentence to the Wisconsin state prisons under s. 973.15.

AB130-SSA1,387,19 3. Subject to an order under s. 48.366 or 938.183 and placed in a state prison under s. 48.366 (8) or 938.183.

AB130-SSA1,387,20 4. On probation to the department of corrections under s. 973.09.

AB130-SSA1,387,21 5. On parole under s. 302.11 or ch. 304.

AB130-SSA1,388,3 (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.31 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB130-SSA1,388,10 (f) If an agency discloses information in its records about a juvenile under par. (b) 1., (d) or (e), the agency shall immediately notify the juvenile who is the subject of the record and the juvenile's parent, guardian or legal custodian of that disclosure and shall immediately provide to the juvenile and the parent, guardian or legal custodian the information disclosed, unless the agency determines that provision of that information to the parent, guardian or legal custodian would result in imminent danger to the juvenile.

AB130-SSA1,388,23 (3) If a juvenile adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility or a secured child caring institution, has been allowed to leave a secured correctional facility or a secured child caring institution for a specified time period and is absent from the facility or institution for more than 12 hours after the expiration of the specified period, the department may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution or placement. The department shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB130-SSA1,388,25 938.795 Powers of the department. The department may do all of the following:

AB130-SSA1,389,3 (1) Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department.

AB130-SSA1,389,7 (2) Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating the total community program, including the improvement of law enforcement.

AB130-SSA1,389,10 (3) Assist schools in extending their particular contribution in locating and helping juveniles vulnerable to delinquency and crime and in improving their services to all youth.

AB130-SSA1,389,12 (4) Develop and maintain an enlightened public opinion in support of a program to control delinquency and crime.

AB130-SSA1, s. 630 Section 630. 938.988 of the statutes is created to read:

AB130-SSA1,389,15 938.988 Interstate placement of juveniles. Sections 48.988 and 48.989 apply to the interstate placement of juveniles.

AB130-SSA1, s. 631 Section 631. 939.62 (3) (a) of the statutes is amended to read:

AB130-SSA1,389,20 939.62 (3) (a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under chs. 341 to 349 and offenses handled through court proceedings in the court assigned to exercise jurisdiction under ch. chs. 48 and 938, but otherwise have the meanings designated in s. 939.60.

AB130-SSA1, s. 632 Section 632. 939.62 (3) (b) of the statutes is amended to read:

AB130-SSA1,390,4 939.62 (3) (b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under chs. 341 to 349 or to offenses handled through court proceedings in the court assigned to exercise jurisdiction under ch. chs. 48 and 938. Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.

AB130-SSA1, s. 633 Section 633. 939.635 (title) and (1) of the statutes are amended to read:

AB130-SSA1,390,18 939.635 (title) Penalties; assault or battery in secured juvenile correctional facility facilities or to aftercare agent. (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 48.02 (15m) 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 48.02 (15m) 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043, the court shall sentence the person to not less than 5 years of imprisonment.

AB130-SSA1, s. 634 Section 634. 939.635 (2) (b) of the statutes is amended to read:

AB130-SSA1,391,2 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 48.02 (15m) 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or from committing violations of s. 940.20 (2m).

AB130-SSA1, s. 635 Section 635. 940.20 (2m) of the statutes is amended to read:

AB130-SSA1,391,5 940.20 (2m) (title) Battery to probation and parole agents and aftercare agents. (a) In this subsection, "probation:

AB130-SSA1,391,7 2. "Probation and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or parolee.

AB130-SSA1,391,12 (b) Whoever intentionally causes bodily harm to a probation and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.

AB130-SSA1, s. 636 Section 636. 940.20 (2m) (a) 1. of the statutes is created to read:

AB130-SSA1,391,15 940.20 (2m) (a) 1. "Aftercare agent" means any person authorized by the department of corrections to exercise control over a juvenile on aftercare.

AB130-SSA1, s. 637 Section 637. 941.29 (2) of the statutes is amended to read:

AB130-SSA1,391,22 941.29 (2) Any person specified in sub. (1) who, subsequent to the conviction for the felony or other crime, as specified in sub. (1), subsequent to the adjudication, as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, possesses a firearm is guilty of a Class E felony. Whoever violates this section after being convicted under this section is guilty of a Class D felony.

AB130-SSA1, s. 638 Section 638. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 7233m, is amended to read:

AB130-SSA1,392,14 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secure detention facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. " Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 unless the person is in actual custody.

AB130-SSA1, s. 639 Section 639. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 27, section 7233p, and .... (this act), is repealed and recreated to read:

AB130-SSA1,393,4 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody.

AB130-SSA1, s. 640 Section 640. 946.42 (1) (c) of the statutes is amended to read:

AB130-SSA1,393,8 946.42 (1) (c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child into custody under s. 48.19 938.19.

AB130-SSA1, s. 641 Section 641. 946.42 (2) (b) of the statutes is amended to read:

AB130-SSA1,393,13 946.42 (2) (b) Lawfully taken into custody under s. 48.19 938.19 for a violation of or lawfully alleged or adjudged under ch. 48 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.

AB130-SSA1, s. 642 Section 642. 946.42 (3) (b) of the statutes is amended to read:

AB130-SSA1,393,17 946.42 (3) (b) Lawfully taken into custody under s. 48.19 938.19 for or lawfully alleged or adjudged under ch. 48 938 to be delinquent on the basis of a violation of a criminal law.

AB130-SSA1, s. 643 Section 643. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-SSA1,393,22 946.42 (3) (c) Subject to a disposition under s. 48.34 (4g) 938.34 (4h) or (4m), to a placement under s. 48.357 938.357 (4) or to aftercare revocation under s. 48.357 938.357 (5) (e).

AB130-SSA1, s. 644 Section 644. 946.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 7234m, is amended to read:

AB130-SSA1,394,4 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

AB130-SSA1, s. 645 Section 645. 946.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB130-SSA1,394,9 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employe's custody to escape; or

AB130-SSA1, s. 646 Section 646. 946.44 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,394,13 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution, as defined in s. 938.02 (15g).

AB130-SSA1, s. 647 Section 647. 946.44 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 7234v, is amended to read:

AB130-SSA1,394,19 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

AB130-SSA1, s. 648 Section 648. 946.45 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 7235m, is amended to read:

AB130-SSA1,394,25 946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB130-SSA1, s. 649 Section 649. 946.45 (1) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB130-SSA1,395,5 946.45 (1) Any officer or employe of an institution where prisoners are detained who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB130-SSA1, s. 650 Section 650. 946.45 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,395,9 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution, as defined in s. 938.02 (15g).

AB130-SSA1, s. 651 Section 651. 946.45 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 7235v, is amended to read:

AB130-SSA1,395,15 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

AB130-SSA1, s. 652 Section 652. 946.50 of the statutes is created to read:

AB130-SSA1,395,21 946.50 Absconding. Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the following:

AB130-SSA1,395,23 (1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.

AB130-SSA1,395,25 (2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.

AB130-SSA1,396,2 (3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony is committed by an adult.

AB130-SSA1,396,4 (4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.

AB130-SSA1,396,6 (5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.

AB130-SSA1,396,8 (6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.

AB130-SSA1, s. 653 Section 653. 948.31 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,396,14 948.31 (1) (a) 2. The department of health and social services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has been transferred under ch. 48 or 938 to that department, person or agency.

AB130-SSA1, s. 654 Section 654. 948.31 (1) (b) of the statutes is amended to read:

AB130-SSA1,396,24 948.31 (1) (b) Except as provided under ch. chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

AB130-SSA1, s. 655 Section 655. 948.40 (1) of the statutes is amended to read:

AB130-SSA1,397,4 948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child as defined in s. 48.02 (3m). This subsection includes intentionally encouraging or contributing to an act by a child under the age of 12 10 which would be a delinquent act if committed by a child 12 10 years of age or older.

AB130-SSA1, s. 656 Section 656. 948.40 (2) of the statutes is amended to read:

AB130-SSA1,397,9 948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 12 10 that would be a delinquent act if committed by a child 12 10 years of age or older.

AB130-SSA1, s. 657 Section 657. 948.50 (4) (b) of the statutes is amended to read:

AB130-SSA1,397,13 948.50 (4) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130-SSA1, s. 658 Section 658. 948.60 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,397,19 948.60 (2) (d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 938 unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB130-SSA1, s. 659 Section 659. 948.61 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,397,25 948.61 (4) A person under 17 years of age who has violated this section is subject to the provisions of ch. 48 938, unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.