Engrossed Amendment SSA1-AB130

AB130-SSA1, s. 568 Section 568. 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts 26 and 27, is amended to read:

AB130-SSA1,149,22 302.425 (3) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff or superintendent may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff or superintendent and be monitored by an active electronic monitoring system. The sheriff or superintendent shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her.

AB130-SSA1, s. 569 Section 569. 302.425 (3m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,150,13 302.425 (3m) Placement of a child in the program. Upon The department or, upon the agreement of the department of corrections, the county department or the department of health and social services may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the department or the county department or the department of health and social services and be monitored by an active electronic monitoring system. The department or the county department or the department of health and social services shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

AB130-SSA1, s. 570 Section 570. 302.425 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,150,24 302.425 (4) Departmental duties. The department of corrections shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs, and county departments and the department of health and social services, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home detention program, the department of corrections shall install and monitor electronic monitoring equipment. The department of corrections shall charge the county a daily per prisoner fee or per child fee, whichever is applicable, to cover the department's costs for these services.

AB130-SSA1, s. 571 Section 571. 303.215 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,151,13 303.215 Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, on parole, on final discharge or in accordance with ch. 48 938, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

AB130-SSA1, s. 572 Section 572. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 6405m, is amended to read:

AB130-SSA1,152,7 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 48.538 938.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB130-SSA1, s. 573 Section 573. 304.06 (1z) of the statutes is created to read:

AB130-SSA1,152,12 304.06 (1z) If a person is placed in the serious juvenile offender program under s. 938.34 (4h), he or she is eligible for a release to parole supervision under this section and remains in the serious juvenile offender program unless discharged by the department under s. 938.537 (5) (b).

AB130-SSA1, s. 574 Section 574. 340.01 (9r) (d) of the statutes is amended to read:

AB130-SSA1,152,16 340.01 (9r) (d) A finding by a court assigned to exercise jurisdiction under ch. chs. 48 and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted under ch. 349.

AB130-SSA1, s. 575 Section 575. 343.06 (1) (i) of the statutes is amended to read:

AB130-SSA1,153,5 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 48 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.

AB130-SSA1, s. 576 Section 576. 343.30 (5) of the statutes is amended to read:

AB130-SSA1,153,15 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 48, 345 or, 351 or 938 or s. 161.50. When a court revokes, suspends or restricts a child's operating privilege under ch. 48 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

AB130-SSA1, s. 577 Section 577. 343.30 (6) (b) (intro.) of the statutes is amended to read:

AB130-SSA1,153,19 343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's operating privilege under s. 48.344 (2), (2b) or (2d) or 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB130-SSA1, s. 578 Section 578. 752.31 (2) (e) of the statutes is amended to read:

AB130-SSA1,153,21 752.31 (2) (e) Cases under ch. chs. 48 and 938.

AB130-SSA1, s. 579 Section 579. 757.69 (1) (intro.) of the statutes is amended to read:

AB130-SSA1,154,2 757.69 (1) (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 may:

AB130-SSA1, s. 580 Section 580. 757.69 (1) (g) of the statutes is amended to read:

AB130-SSA1,154,19 757.69 (1) (g) When assigned to the court assigned jurisdiction under ch. chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and warrants, order the release or detention of children apprehended, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under ss. 48.12 and 48.13, 938.12, 938.13 and 938.18, enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child. Waiver Contested waiver hearings under s. 48.18 938.18 and dispositional hearings under ss. 48.33 to 48.35 48.335 and 938.335 shall be conducted by a judge. When acting in an official capacity and assigned to the children's court center, a court commissioner shall sit at the children's court center or such other facility designated by the chief judge. Any decision by the commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order or ruling by the commissioner may be certified to the branch of court to which such case has been assigned upon a motion of any party for a hearing de novo.

AB130-SSA1, s. 581 Section 581. 757.69 (1) (k) of the statutes is amended to read:

AB130-SSA1,154,23 757.69 (1) (k) Exercise the power of a juvenile court commissioner appointed under s. 48.065 or 938.065, a probate court commissioner appointed under s. 757.72 or a family court commissioner appointed under s. 767.13.

AB130-SSA1, s. 582 Section 582. 757.69 (2) (intro.) of the statutes is amended to read:

AB130-SSA1,155,2 757.69 (2) (intro.) A judge may refer to a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 cases in which:

AB130-SSA1, s. 583 Section 583. 757.69 (3) (intro.) of the statutes is amended to read:

AB130-SSA1,155,5 757.69 (3) (intro.) Court commissioners appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 may under their own authority:

AB130-SSA1, s. 584 Section 584. 757.81 (2) of the statutes is amended to read:

AB130-SSA1,155,9 757.81 (2) "Court commissioner" means a court commissioner under s. 757.68, a family court commissioner under s. 767.13, a juvenile court commissioner under s. 48.065 or 938.065 and a probate court commissioner under s. 757.72.

AB130-SSA1, s. 585 Section 585. 758.19 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,155,16 758.19 (6) (a) In this subsection, "guardian ad litem costs" means the costs of guardian ad litem compensation that a county incurs under ch. 48, 55, 767 or, 880 or 938, that the county has final legal responsibility to pay or that the county is unable to recover from another person and that does not exceed the per hour rate established for time spent in court by private attorneys under s. 977.08 (4m) (b).

AB130-SSA1, s. 586 Section 586. 758.19 (6) (d) 1. and 2. of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB130-SSA1,155,21 758.19 (6) (d) 1. The total cost of guardian ad litem compensation that the county incurred under chs. 48, 55, 767 and, 880 and 938 in the previous calendar year.

AB130-SSA1,155,24 2. The total guardian ad litem compensation that the county initially paid under chs. 48, 55, 767 and, 880 and 938 and that was recovered in the previous calendar year by the county from another responsible person.

AB130-SSA1, s. 587 Section 587. 767.02 (1) (m) of the statutes is amended to read:

AB130-SSA1,156,3 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2) , 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

AB130-SSA1, s. 588 Section 588. 767.24 (3) (e) of the statutes is amended to read:

AB130-SSA1,156,7 767.24 (3) (e) The charges for care furnished to a child whose custody is transferred under this subsection shall be pursuant to the procedure under s. 48.36 (1) or 938.36 (1) except as provided in s. 767.29 (3).

AB130-SSA1, s. 589 Section 589. 767.29 (3) of the statutes is amended to read:

AB130-SSA1,156,16 767.29 (3) If maintenance payments or support money, or both, is ordered to be paid for the benefit of any person, who is committed by court order to an institution or is in confinement, or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department or relative, the court or family court commissioner may order such maintenance payments or support money to be paid to the relative or agency, institution, welfare department or other entity having the legal or actual custody of said person, and to be used for the latter's care and maintenance, without the appointment of a guardian under ch. 880.

AB130-SSA1, s. 590 Section 590. 767.30 (1) of the statutes is amended to read:

AB130-SSA1,156,25 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), support or maintenance under s. 767.08, child support, family support or maintenance under s. 767.23, child support under s. 767.25, maintenance under s. 767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal support under s. 948.22 (7), the court may provide that any payment be paid in the amounts and at the times as that it considers expedient.

AB130-SSA1, s. 591 Section 591. 767.305 of the statutes is amended to read:

AB130-SSA1,157,11 767.305 Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261, 767.262 or, 767.293, 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under s. 767.265 and the account transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in ch. 785.

AB130-SSA1, s. 592 Section 592. 767.32 (1) (a) of the statutes is amended to read:

AB130-SSA1,158,13 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) if an assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

AB130-SSA1, s. 593 Section 593. 767.32 (2r) of the statutes is amended to read:

AB130-SSA1,158,18 767.32 (2r) If the court revises a judgment or order providing for child support that was entered under s. 448.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 (14).

AB130-SSA1, s. 594 Section 594. 767.47 (10) of the statutes is amended to read:

AB130-SSA1,158,22 767.47 (10) A record of the testimony of the child's mother relating to the child's paternity, made as provided under s. 48.299 (6) or 938.299 (6), is admissible in evidence on the issue of paternity.

AB130-SSA1, s. 595 Section 595. 778.25 (1) (a) 1. of the statutes is amended to read:

AB130-SSA1,159,2 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130-SSA1, s. 596 Section 596. 778.25 (1) (a) 4. of the statutes is amended to read:

AB130-SSA1,159,5 778.25 (1) (a) 4. Under s. 48.983 brought against a minor in the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130-SSA1, s. 597 Section 597. 778.25 (1) (a) 5. of the statutes is amended to read:

AB130-SSA1,159,9 778.25 (1) (a) 5. Under administrative rules promulgated by the board of regents under s. 36.11 (1) (c) brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130-SSA1, s. 598 Section 598. 778.25 (8) (a) of the statutes is amended to read:

AB130-SSA1,159,14 778.25 (8) (a) If the defendant has not made a deposit, the court may issue a summons or an arrest warrant, except if the defendant is a minor the court shall proceed under s. 48.28 938.28. Chapter 48 938 governs taking and holding a minor in custody.

AB130-SSA1, s. 599 Section 599. 778.25 (8) (b) of the statutes is amended to read:

AB130-SSA1,160,6 778.25 (8) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment and jail assessment plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or arrest warrant, except if the defendant is a minor the court shall proceed under s. 48.28 938.28. Chapter 48 938 governs taking and holding a minor in custody. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB130-SSA1, s. 600 Section 600. 778.25 (8) (c) of the statutes is amended to read:

AB130-SSA1,160,20 778.25 (8) (c) If the defendant has made a deposit and stipulation of no contest, the citation serves as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment and jail assessment plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or arrest warrant, except if the defendant is a minor the court shall proceed under s. 48.28 938.28. Chapter 48 938 governs taking and holding a minor in custody. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.

AB130-SSA1, s. 601 Section 601. 808.04 (3) of the statutes is amended to read:

AB130-SSA1,160,24 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51 or, 55 or 938 shall be initiated within the time period specified in s. 809.30.

AB130-SSA1, s. 602 Section 602. 808.04 (4) of the statutes is amended to read:

AB130-SSA1,161,3 808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a criminal case under s. 974.05 or a case under ch. 48 or 938 shall be initiated within 45 days of entry of the judgment or order appealed from.

AB130-SSA1, s. 603 Section 603. 808.075 (4) (fn) of the statutes is created to read:

AB130-SSA1,161,5 808.075 (4) (fn) In a case under ch. 938:

AB130-SSA1,161,6 2. Review of nonsecure custody orders under s. 938.207.

AB130-SSA1,161,8 3. Review of secure detention orders under s. 938.208 and secure detention status reviews under s. 938.209 (1) (e).

AB130-SSA1,161,9 4. Hearing for child held in custody under s. 938.21.

AB130-SSA1,161,10 5. Hearing upon involuntary removal under s. 938.305.

AB130-SSA1,161,11 6. Revision of dispositional order under s. 938.363.

AB130-SSA1,161,12 7. Extension of dispositional order under s. 938.365, unless s. 938.368 applies.

AB130-SSA1,161,13 8. Review of permanency plan under s. 938.38 (5).

AB130-SSA1,161,14 9. Release of confidential information under s. 938.396 or 938.78.

AB130-SSA1, s. 604 Section 604. 809.30 (1) (a) of the statutes is amended to read:

AB130-SSA1,161,21 809.30 (1) (a) "Postconviction relief" means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under s. 973.19 or 974.06. In a ch. 48, 51 or, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means an appeal or a motion for reconsideration by the trial court of its final judgment or order; in such cases a notice of intent to pursue such relief or a motion for such relief need not be styled as seeking "postconviction" relief.

AB130-SSA1, s. 605 Section 605. 809.30 (1) (b) of the statutes is amended to read:

AB130-SSA1,162,2 809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the imposition of a sentence, fine or probation. In a ch. 48, 51 or, 55 or 938 case, other than a termination of parental rights case under s. 48.43, it means the entry of the trial court's final judgment or order.

AB130-SSA1, s. 606 Section 606. 809.30 (2) (d) of the statutes is amended to read:

AB130-SSA1,162,11 809.30 (2) (d) Except as provided in this paragraph, whenever a defendant whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction relief, the district attorney may, within 5 days after the notice is served and filed, file in the trial court and serve upon the state public defender a request that the defendant's indigency be redetermined before counsel is appointed or transcripts are ordered. This paragraph does not apply to a child who is entitled to be represented by counsel under s. 48.23 or 938.23.

AB130-SSA1, s. 607 Section 607. 809.30 (2) (fm) of the statutes is amended to read:

AB130-SSA1,162,18 809.30 (2) (fm) A child who has filed a notice of intent to pursue relief from a judgment or order entered in a ch. 48 or 938 proceeding shall be furnished at no cost a transcript of the proceedings or as much of it as is requested. To obtain the transcript at no cost, an affidavit must be filed stating that the person who is legally responsible for the child's care and support is financially unable or unwilling to purchase the transcript.