AB130-SSA1,141,105
301.26
(4) (c) Notwithstanding pars. (a), (b) and (bm), the department of
6corrections shall pay, from the appropriation under s. 20.410 (3) (hm), the costs of
7care, services and supplies provided for each person receiving services under
ss.
848.34, s. 48.366
and, 51.35 (3)
, 938.183 (2) or 938.34 who was under the guardianship
9of the department of health and social services pursuant to an order under ch. 48 at
10the time that the person was adjudicated delinquent.
AB130-SSA1,141,2313
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
14transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
15under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
16correctional institutions, secured child caring institutions, as defined in s.
48.02 17938.02 (15g), alternate care providers, aftercare supervision providers and corrective
18sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
19care of any child 14 years of age or over who has been placed in a juvenile correctional
20facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01,
21940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4.,
22943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30,
23948.35 (1) (b) or 948.36.
AB130-SSA1,142,9
1301.26
(4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall
2transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
3under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
4correctional institutions, secured child caring institutions, as defined in s.
48.02 5938.02 (15g), alternate care providers, aftercare supervision providers and corrective
6sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
7care of any child 14 years of age or over and under 18 years of age who has been placed
8in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a
9violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
AB130-SSA1,142,1512
301.26
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
48.34 13938.34, all payments and deductions made under this subsection and uniform fee
14collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
1520.410 (3) (hm).
AB130-SSA1,142,2118
301.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under
s. ss. 1948.366
and 938.183 (2), all payments and deductions made under this subsection and
20uniform fee collections made under s. 46.03 (18) shall be deposited in the
21appropriation under s. 20.410 (3) (hm).
AB130-SSA1,143,324
301.26
(4) (e) For foster care, treatment foster care, group home care and
25institutional child care to delinquent children under ss.
48.553 (3) and (8), 48.557 and
149.19 (10) (d)
, 938.48 (4) and (14) and 938.52 all payments and deductions made
2under this subsection and uniform fee collections under s. 46.03 (18) shall be
3deposited in the appropriation under s. 20.410 (3) (ho).
AB130-SSA1,143,96
301.26
(4) (ed) For foster care, treatment foster care, group home care and
7institutional child care to serious juvenile offenders under ss.
48.533 (3) and (8),
848.557 and 49.19 (10) (d)
, 938.48 (4) and (14) and 938.52 all uniform fee collections
9under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).
AB130-SSA1,143,1412
301.26
(4) (eg) For corrective sanctions services under s.
48.533 938.533 (2), all
13payments and deductions made under this subsection and uniform fee collections
14under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (hr).
AB130-SSA1,143,2017
301.26
(4) (g) For juvenile field and institutional aftercare services under ch.
1848 938 and for the juvenile offender review program, all payments and deductions
19made under this subsection and uniform fee collections under s. 46.03 (18) shall be
20deposited in the general fund and shall be treated as a nonappropriated receipt.
AB130-SSA1,144,723
301.26
(7) (h) For counties that are participating in the corrective sanctions
24program under s.
48.533 938.533 (2), $1,062,400 in the last 6 months of 1996 and
25$1,062,400 in the first 6 months of 1997 for the provision of corrective sanctions
1services for children from that county. In distributing funds to counties under this
2paragraph, the department shall determine a county's distribution by dividing the
3amount allocated under this paragraph by the number of slots authorized for the
4program under s.
48.533 938.533 (2) and multiplying the quotient by the number of
5slots allocated to that county by agreement between the department and the county.
6The department may transfer funds among counties as necessary to distribute funds
7based on the number of slots allocated to each county.
AB130-SSA1,144,2210
301.263
(3) The department shall distribute 33% of the amounts distributed
11under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
12reported statewide under the uniform crime reporting system of the office of justice
13assistance in the department of administration, during the most recent 2-year
14period for which that information is available. The department shall distribute 33%
15of the amounts distributed under sub. (1) based on each county's proportion of the
16number of children statewide who are placed in a juvenile correctional institution
or
17a secured child caring institution, as defined in s. 938.02 (15g), during the most
18recent 2-year period for which that information is available. The department shall
19distribute 34% of the amounts distributed under sub. (1) based on each county's
20proportion of the total Part I juvenile arrests reported statewide under the uniform
21crime reporting system of the office of justice assistance, during the most recent
222-year period for which that information is available.
AB130-SSA1,144,2524
301.35
(2) (e) A participant in the serious juvenile offender program under s.
25938.538.
AB130-SSA1,145,103
301.36
(5) Enforcement by attorney general and district attorneys. Upon
4request of the department, the attorney general or the district attorney serving the
5proper county shall aid in any investigation, inspection, hearing or trial had under
6this chapter or those sections of ch.
48 938 relating to powers of the department, and
7shall institute and prosecute all necessary actions or proceedings for the enforcement
8of those provisions and for the punishment of violations of those provisions. The
9attorney general or district attorney so requested shall report or confer with the
10department regarding the request, within 30 days after receipt of the request.
AB130-SSA1,145,1412
302.11
(10) An inmate subject to an order under s. 48.366
or 938.34 (4h) is not
13entitled to mandatory release and may be released or discharged only as provided
14under s. 48.366
or 938.538.
AB130-SSA1,145,2017
302.18
(7) Except as provided in s. 973.013 (3m), the department shall keep all
18prisoners under
16 15 years of age in secured juvenile correctional facilities or
19secured child caring institutions, but the department may transfer them to adult
20correctional institutions after they attain
16 15 years of age.
AB130-SSA1,145,25
22302.255 Interstate corrections compact; additional applicability. 23"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
24under s. 48.366 who are confined to a state prison under s. 302.01
and persons subject
25to an order under s. 938.34 (4h) who are 17 years of age or older.
AB130-SSA1,146,17
3302.31 Use of jails. The county jail may be used for the detention of persons
4charged with crime and committed for trial; for the detention of persons committed
5to secure their attendance as witnesses; to imprison persons committed pursuant to
6a sentence or held in custody by the sheriff for any cause authorized by law; for the
7detention of persons sentenced to imprisonment in state penal institutions or a
8county house of correction, until they are removed to those institutions; for the
9detention of persons participating in the intensive sanctions program; for the
10temporary detention of persons in the custody of the department; and for other
11detentions authorized by law. The county jail may be used for the temporary
12placement of persons in the custody of the department, and persons who have
13attained the age of 17 years but have not attained the age of 25 years who are under
14the supervision of the department of health and social services under s. 48.355 (4)
15or 48.366 and who have been taken into custody pending revocation of aftercare
16supervision under s. 48.357 (5) (e) or 48.366 (5)
or corrective sanctions supervision
17under s. 48.357 (5) (e).
AB130-SSA1, s. 559
18Section
559. 302.31 of the statutes, as affected by 1995 Wisconsin Acts 27,
19section 6367m, and .... (this act), is repealed and recreated to read:
AB130-SSA1,147,8
20302.31 Use of jails. The county jail may be used for the detention of persons
21charged with crime and committed for trial; for the detention of persons committed
22to secure their attendance as witnesses; to imprison persons committed pursuant to
23a sentence or held in custody by the sheriff for any cause authorized by law; for the
24detention of persons sentenced to imprisonment in state penal institutions or a
25county house of correction, until they are removed to those institutions; for the
1detention of persons participating in the intensive sanctions program; for the
2temporary detention of persons in the custody of the department; and for other
3detentions authorized by law. The county jail may be used for the temporary
4placement of persons in the custody of the department, other than persons under 17
5years of age, and persons who have attained the age of 17 years but have not attained
6the age of 25 years who are under the supervision of the department under s. 48.366
7or 938.355 (4) and who have been taken into custody pending revocation of aftercare
8supervision under s. 48.366 (5) or 938.357 (5) (e).
AB130-SSA1,147,1910
302.386
(1) Except as provided in sub. (5), liability for medical and dental
11services furnished to residents housed in prisons identified in s. 302.01 or in a
12secured correctional facility as defined in s.
48.02
938.02 (15m)
, or in a secured child
13caring institution, as defined in s. 938.02 (15g), or to forensic patients in state
14institutions for those services which are not provided by employes of the department
15shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for
16similar services. The department may waive any such limit if it determines that
17needed services cannot be obtained for the applicable amount. No provider of
18services may bill the resident or patient for the cost of services exceeding the amount
19of the liability under this subsection.
AB130-SSA1, s. 561
20Section
561. 302.386 (2) (intro.) of the statutes is amended to read:
AB130-SSA1,147,2521
302.386
(2) (intro.) The liability of the state for medical and dental services
22under sub. (1) does not extend to that part of the medical or dental services of 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)
, or a secured child caring institution, as defined
25in s. 938.02 (15g), for which any of the following applies:
AB130-SSA1,148,93
302.386
(3) (a) Except as provided in par. (b), the department may require a
4resident housed in a prison identified in s. 302.01 or in a secured correctional facility
5as defined in s.
48.02 938.02 (15m) who earns wages during residency and who
6receives medical or dental services to pay a deductible, coinsurance, copayment or
7similar charge upon the medical or dental service that he or she receives. The
8department shall collect the allowable deductible, coinsurance, copayment or similar
9charge.
AB130-SSA1,148,1311
302.386
(5) (c) Any participant in the corrective sanctions program under s.
1248.533 unless he or she is placed in a Type 1 secured correctional facility, as defined
13in s. 48.02 (19).
AB130-SSA1, s. 564
14Section
564. 302.386 (5) (c) of the statutes, as created by 1995 Wisconsin Act
15.... (this act), is amended to read:
AB130-SSA1,148,1816
302.386
(5) (c) Any participant in the corrective sanctions program under s.
1748.533 938.533 unless he or she is placed in a Type 1 secured correctional facility, as
18defined in s.
48.02 938.02 (19).
AB130-SSA1,148,2320
302.386
(5) (d) Any participant in the serious juvenile offender program under
21s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as
22defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized
23under s. 301.046 (1).
AB130-SSA1,149,4
1302.425
(2g) (title)
County departments and department of health and social
2services; general authority. Subject to the limitations under sub. (3m), a county
3department or the department of
health and social services may place in the home
4detention program any child who is in its custody or under its supervision.
AB130-SSA1,149,97
302.425
(2m) Intensive sanctions program participants. Notwithstanding the
8agreement requirements under sub. (3), the department
of corrections may place any
9intensive sanctions program participant in a home detention program.
AB130-SSA1, s. 568
10Section
568. 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts
1126 and 27, is amended to read:
AB130-SSA1,149,2212
302.425
(3) Placement of a prisoner in the program. If a prisoner described
13under sub. (2) and the department
of corrections agree, the sheriff or superintendent
14may place the prisoner in the home detention program and provide that the prisoner
15be detained at the prisoner's place of residence or other place designated by the
16sheriff or superintendent and be monitored by an active electronic monitoring
17system. The sheriff or superintendent shall establish reasonable terms of detention
18and ensure that the prisoner is provided a written statement of those terms,
19including a description of the detention monitoring procedures and requirements
20and of any applicable liability issues. The terms may include a requirement that the
21prisoner pay the county a daily fee to cover the county costs associated with
22monitoring him or her.
AB130-SSA1,150,13
1302.425
(3m) Placement of a child in the program. Upon The department or,
2upon the agreement of the department
of corrections, the county department
or the
3department of health and social services may place the child in the home detention
4program and provide that the child be detained at the child's place of residence or
5other place designated by the
department or the county department
or the
6department of health and social services and be monitored by an active electronic
7monitoring system. The
department or the county department
or the department of
8health and social services shall provide reasonable terms of detention and ensure
9that the child receives a written statement of those terms, including a description of
10the detention monitoring procedures and requirements and of any applicable
11liability issues. The terms may include a requirement that the child or his or her
12parent or guardian pay the county or state a daily fee to cover the costs associated
13with monitoring him or her.
AB130-SSA1,150,2416
302.425
(4) Departmental duties. The department
of corrections shall ensure
17that electronic monitoring equipment units are available, pursuant to contractual
18agreements with county sheriffs
, and county departments
and the department of
19health and social services, throughout the state on an equitable basis. If a prisoner
20is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home
21detention program, the department
of corrections shall install and monitor
22electronic monitoring equipment. The department
of corrections shall charge the
23county a daily per prisoner fee or per child fee, whichever is applicable, to cover the
24department's costs for these services.
AB130-SSA1,151,13
3303.215 Compensation to prisoners or residents injured in prison
4industries employment. In accordance with s. 102.03 (2), for an inmate of a state
5institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
6compensation under ch. 102 on being released from the applicable institution, on
7parole, on final discharge or in accordance with ch.
48 938, whichever is applicable,
8is the exclusive remedy against the department and any employe of the department
9for any injury sustained by the inmate or resident while performing service growing
10out of and incidental to that employment. The department shall make any payments
11required under this section from the revolving appropriation for the operation of
12prison industries or, if there is no revolving appropriation for the operation of prison
13industries, from the general fund.
AB130-SSA1,152,716
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
17973.0135, the parole commission may parole an inmate of the Wisconsin state
18prisons or any felon or any person serving at least one year or more in a county house
19of correction or a county reforestation camp organized under s. 303.07, when he or
20she has served 25% of the sentence imposed for the offense, or 6 months, whichever
21is greater. The parole commission may parole a participant in the serious juvenile
22offender program under s.
48.538 938.538 when he or she has participated in that
23program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole
24commission may parole an inmate serving a life term when he or she has served 20
25years, as modified by the formula under s. 302.11 (1) and subject to extension using
1the formulas under s. 302.11 (2). The person serving the life term shall be given
2credit for time served prior to sentencing under s. 973.155, including good time under
3s. 973.155 (4). The secretary may grant special action parole releases under s.
4304.02. The department or the parole commission shall not provide any convicted
5offender or other person sentenced to the department's custody any parole eligibility
6or evaluation until the person has been confined at least 60 days following
7sentencing.
AB130-SSA1,152,129
304.06
(1z) If a person is placed in the serious juvenile offender program under
10s. 938.34 (4h), he or she is eligible for a release to parole supervision under this
11section and remains in the serious juvenile offender program unless discharged by
12the department under s. 938.537 (5) (b).
AB130-SSA1,152,1614
340.01
(9r) (d) A finding by a court assigned to exercise jurisdiction under
ch. 15chs. 48
and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted
16under ch. 349.
AB130-SSA1,153,518
343.06
(1) (i) To any person who has been convicted of any offense specified
19under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch.
48 20938 for a like or similar offense, when the sentencing court makes a finding that
21issuance of a license will be inimical to the public safety and welfare. The prohibition
22against issuance of a license to the offenders shall apply immediately upon receipt
23of a record of the conviction and the court finding by the secretary, for a period of one
24year or until discharge from any jail or prison sentence or any period of probation or
25parole with respect to the offenses specified, whichever date is the later. Receipt by
1the offender of a certificate of discharge from the department of corrections or other
2responsible supervising agency, after one year has elapsed since the prohibition
3began, entitles the holder to apply for an operator's license. The applicant may be
4required to present the certificate of discharge to the secretary if the latter deems it
5necessary.
AB130-SSA1,153,157
343.30
(5) No court may suspend or revoke an operating privilege except as
8authorized by this chapter or ch.
48, 345
or, 351
or 938 or s. 161.50. When a court
9revokes, suspends or restricts a child's operating privilege under ch.
48 938, the
10department of transportation shall not disclose information concerning or relating
11to the revocation, suspension or restriction to any person other than a court, district
12attorney, county corporation counsel, city, village or town attorney, law enforcement
13agency, or the minor whose operating privilege is revoked, suspended or restricted,
14or his or her parent or guardian. Persons entitled to receive this information shall
15not disclose the information to other persons or agencies.
AB130-SSA1, s. 577
16Section
577. 343.30 (6) (b) (intro.) of the statutes is amended to read:
AB130-SSA1,153,1917
343.30
(6) (b) (intro.) If a court imposes suspension or revocation of a person's
18operating privilege under s.
48.344 (2), (2b) or (2d) or 125.07 (4) (c)
or 938.344 (2), (2b)
19or (2d), the suspension or revocation imposed shall be one of the following:
AB130-SSA1,153,2121
752.31
(2) (e) Cases under
ch. chs. 48
and 938.
AB130-SSA1,154,223
757.69
(1) (intro.) On authority delegated by a judge, which may be by a
24standard order, and with the approval of the chief judge of the judicial administrative
1district, a court commissioner appointed under s. 48.065, 757.68, 757.72
or, 767.13
2or 938.065 may:
AB130-SSA1,154,194
757.69
(1) (g) When assigned to the court assigned jurisdiction under
ch. chs. 548
and 938, a court commissioner may, under ch. 48
or 938, issue summonses and
6warrants, order the release or detention of children apprehended, conduct detention
7and shelter care hearings, conduct preliminary appearances, conduct uncontested
8proceedings under ss.
48.12 and 48.13
, 938.12, 938.13 and 938.18, enter into consent
9decrees and exercise the powers and perform the duties specified in par. (j) or (m),
10whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
11respondent is a child.
Waiver Contested waiver hearings under s.
48.18 938.18 and
12dispositional hearings under ss.
48.33 to 48.35 48.335 and 938.335 shall be
13conducted by a judge. When acting in an official capacity and assigned to the
14children's court center, a court commissioner shall sit at the children's court center
15or such other facility designated by the chief judge. Any decision by the
16commissioner shall be reviewed by the judge of the branch of court to which the case
17has been assigned, upon motion of any party. Any determination, order or ruling by
18the commissioner may be certified to the branch of court to which such case has been
19assigned upon a motion of any party for a hearing de novo.
AB130-SSA1,154,2321
757.69
(1) (k) Exercise the power of a juvenile court commissioner appointed
22under s. 48.065
or 938.065, a probate court commissioner appointed under s. 757.72
23or a family court commissioner appointed under s. 767.13.
AB130-SSA1,155,2
1757.69
(2) (intro.) A judge may refer to a court commissioner appointed under
2s. 48.065, 757.68, 757.72
or, 767.13
or 938.065 cases in which:
AB130-SSA1,155,54
757.69
(3) (intro.) Court commissioners appointed under s. 48.065, 757.68,
5757.72
or, 767.13
or 938.065 may under their own authority:
AB130-SSA1,155,97
757.81
(2) "Court commissioner" means a court commissioner under s. 757.68,
8a family court commissioner under s. 767.13, a juvenile court commissioner under
9s. 48.065
or 938.065 and a probate court commissioner under s. 757.72.
AB130-SSA1,155,1612
758.19
(6) (a) In this subsection, "guardian ad litem costs" means the costs of
13guardian ad litem compensation that a county incurs under ch. 48, 55, 767
or, 880
14or 938, that the county has final legal responsibility to pay or that the county is
15unable to recover from another person and that does not exceed the per hour rate
16established for time spent in court by private attorneys under s. 977.08 (4m) (b).