Engrossed Amendment SSA1-AB130

AB130-SSA1,376,19 (b) Component phases that are intensive and highly structured.

AB130-SSA1,376,22 (c) A series of component phases for each participant that is based on public safety considerations and the participant's need for supervision, care and rehabilitation.

AB130-SSA1,376,24 (3) Component phases. (a) The department shall provide each participant with one or more of the following sanctions:

AB130-SSA1,377,3 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB130-SSA1,377,9 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB130-SSA1,377,11 1p. Alternate care, including placement in a foster home, treatment foster home, group home, child caring institution or secured child caring institution.

AB130-SSA1,377,14 2. Intensive or other field supervision, including corrective sanctions supervision under s. 938.533, aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under s. 301.048.

AB130-SSA1,377,15 3. Electronic monitoring.

AB130-SSA1,377,16 4. Alcohol or other drug abuse outpatient treatment and services.

AB130-SSA1,377,17 5. Mental health treatment and services.

AB130-SSA1,377,18 6. Community service.

AB130-SSA1,377,19 7. Restitution.

AB130-SSA1,377,20 8. Transitional services for education and employment.

AB130-SSA1,377,21 9. Other programs as prescribed by the department.

AB130-SSA1,378,2 (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 938.357, 938.363 and 938.533 (3), a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB130-SSA1,378,15 (4) Institutional status. (a) A participant in the serious juvenile offender program is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c).

AB130-SSA1,379,2 (b) The department shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 secured correctional facility. The secretary of corrections may allocate and reallocate existing and future facilities as part of the Type 2 secured correctional facility. The Type 2 secured correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 secured correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village or town in which the construction or establishment takes place and is exempt from inspections required under s. 301.36.

AB130-SSA1,379,6 (5) Transfers and discharge. (a) The parole commission may grant a participant parole under s. 304.06 at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole supervision of the participant shall be provided by the department.

AB130-SSA1,379,10 (b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant has completed 3 years of participation in the serious juvenile offender program.

AB130-SSA1,379,13 (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program.

AB130-SSA1,379,22 (6) Purchase of services. The department of corrections may contract with the department of health and social services, a county department or any public or private agency for the purchase of goods, care and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined s. 301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the appropriate appropriation under s. 20.410 (1).

AB130-SSA1,379,23 (6m) Minority hiring. (a) In this subsection:

AB130-SSA1,380,2 1. "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

AB130-SSA1,380,4 2. "Black" means a person whose ancestors originated in any of the black racial groups of Africa.

AB130-SSA1,380,7 3. "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

AB130-SSA1,380,8 4. "Minority group member" means a Black, a Hispanic or an American Indian.

AB130-SSA1,380,18 (b) In the selection of classified service employes for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the children placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.

AB130-SSA1,380,19 (7) Rules. The department shall promulgate rules to implement this section.

AB130-SSA1,380,25 938.54 Records. The department shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department.

AB130-SSA1,381,14 938.547 Juvenile alcohol and other drug abuse pilot program. (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages or controlled substances who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties selected by the department.

AB130-SSA1,381,25 (2) Department responsibilities. Within the availability of funding under s. 20.435 (7) (mb) that is available for the pilot program, the department of health and social services shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of health and social services shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department of health and social services shall select counties in accordance with the request-for-proposal procedures established by that department. The department of health and social services shall give a preference to county applications that include a plan for case management.

AB130-SSA1,382,4 (3) Multidisciplinary screen. The multidisciplinary screen developed for the pilot program shall be used by an intake worker to determine whether or not a juvenile is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen juveniles for:

AB130-SSA1,382,5 (a) Family dysfunction.

AB130-SSA1,382,6 (b) School or truancy problems.

AB130-SSA1,382,7 (c) Mental health problems.

AB130-SSA1,382,8 (d) Delinquent behavior patterns.

AB130-SSA1,382,16 (4) Assessment criteria. The uniform alcohol and other drug abuse assessment criteria that the department developed shall be used in the pilot program under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g). An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

AB130-SSA1,382,20 938.548 Multidisciplinary screen and assessment criteria. The department of health and social services shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.

AB130-SSA1,382,23 938.549 Juvenile classification system. (1) The department shall make available to all counties a juvenile classification system that includes at least all of the following:

AB130-SSA1,382,25 (a) A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense.

AB130-SSA1,383,2 (b) A needs assessment instrument for determining the service needs of a juvenile who has committed an offense.

AB130-SSA1,383,5 (c) A services and placement guide for integrating the risk and needs of a juvenile who has committed an offense with other factors to determine an appropriate placement and level of services for the juvenile.

AB130-SSA1,383,7 (2) A county may use the juvenile classification system to do any of the following:

AB130-SSA1,383,9 (a) At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney.

AB130-SSA1,383,11 (b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.

AB130-SSA1,383,13 (c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.

AB130-SSA1,383,16 (3) Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance.

AB130-SSA1,383,19 Subchapter XII County JUVENILE welfare services

AB130-SSA1,383,25 938.57 Powers and duties of county departments providing juvenile welfare services. (1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for juvenile welfare purposes by the county board of supervisors or donated by individuals or private organizations. A county department may do any of the following:

AB130-SSA1,384,8 (a) Investigate the conditions surrounding delinquent juveniles and juveniles in need of protection or services within the county and take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any juvenile who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB130-SSA1,384,13 (b) Accept legal custody or supervision of juveniles transferred to it by the court under s. 938.355 and provide special treatment and care if ordered by the court. Except as provided in s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.

AB130-SSA1,384,25 (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the secretary of education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the secretary of education.

AB130-SSA1,385,7 (cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department by the court assigned to exercise jurisdiction under this chapter and ch. 48.

AB130-SSA1,385,9 (d) Provide for the moral and religious training of juveniles in its care according to the religious belief of the juvenile or of his or her parents.

AB130-SSA1,385,10 (f) Provide services to the court under s. 938.06.

AB130-SSA1,385,12 (g) Upon request of the department, provide service for any juvenile in the care of the department.

AB130-SSA1,385,14 (h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile.

AB130-SSA1,385,17 (2) In performing the functions specified in sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of juveniles in the county.

AB130-SSA1,385,20 (3) (a) From the reimbursement received under s. 46.495 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:

AB130-SSA1,385,21 1. Is 17 years of age or older.

AB130-SSA1,385,23 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB130-SSA1,385,25 3. Received funding under s. 46.495 (1) (d) immediately prior to his or her 17th birthday.

AB130-SSA1,386,2 4. Is living in a foster home, treatment foster home, group home or child caring institution.

AB130-SSA1,386,5 (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 46.495 (1) (d) if the juvenile were 16 years of age.

AB130-SSA1,386,16 (4) A county department may provide aftercare supervision under s. 48.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB130-SSA1,387,4 938.59 Examination and records. (1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

AB130-SSA1,387,7 (2) At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.

AB130-SSA1,387,14 938.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.

AB130-SSA1,387,16 SUBCHAPTER XVII GENERAL PROVISIONS ON RECORDS

AB130-SSA1,387,19 938.78 Confidentiality of records. (1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.

AB130-SSA1,387,23 (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-SSA1,388,3 (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-SSA1,388,9 (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-SSA1,388,13 (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-SSA1,388,22 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-SSA1,389,3 (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-SSA1,389,4 1. The subject of a presentence investigation under s. 972.15.

AB130-SSA1,389,5 2. Under sentence to the Wisconsin state prisons under s. 973.15.

AB130-SSA1,389,7 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-SSA1,389,8 4. On probation to the department of corrections under s. 973.09.

AB130-SSA1,389,9 5. On parole under s. 302.11 or ch. 304.

AB130-SSA1,389,16 (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-SSA1,389,23 (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-SSA1,390,11 (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-SSA1,390,13 938.795 Powers of the department. The department may do all of the following:

AB130-SSA1,390,16 (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-SSA1,390,20 (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-SSA1,390,23 (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-SSA1,390,25 (4) Develop and maintain an enlightened public opinion in support of a program to control delinquency and crime.