AB130-SSA1,386,2
14. Is living in a foster home, treatment foster home, group home or child caring
2institution.
AB130-SSA1,386,53
(b) The funding provided for the maintenance of a juvenile under par. (a) shall
4be in an amount equal to that to which the juvenile would receive under s. 46.495 (1)
5(d) if the juvenile were 16 years of age.
AB130-SSA1,386,16
6(4) A county department may provide aftercare supervision under s. 48.34 (4n)
7for juveniles who are released from secured correctional facilities or secured child
8caring institutions operated by the department. If a county department intends to
9change its policy regarding whether the county department or the department shall
10provide aftercare supervision for juveniles released from secured correctional
11facilities or secured child caring institutions operated by the department, the county
12executive or county administrator, or, if the county has no county executive or county
13administrator, the chairperson of the county board of supervisors, or, for multicounty
14departments, the chairpersons of the county boards of supervisors jointly, shall
15submit a letter to the department stating that intent before July 1 of the year
16preceding the year in which the policy change will take effect.
AB130-SSA1,387,4
17938.59 Examination and records. (1) The county department shall
18investigate the personal and family history and environment of any juvenile
19transferred to its legal custody or placed under its supervision under s. 938.34 (4n)
20and make any physical or mental examinations of the juvenile considered necessary
21to determine the type of care necessary for the juvenile. The county department shall
22screen a juvenile who is examined under this subsection to determine whether the
23juvenile is in need of special treatment or care because of alcohol or other drug abuse,
24mental illness or severe emotional disturbance. The county department shall keep
25a complete record of the information received from the court, the date of reception,
1all available data on the personal and family history of the juvenile, the results of all
2tests and examinations given the juvenile and a complete history of all placements
3of the juvenile while in the legal custody or under the supervision of the county
4department.
AB130-SSA1,387,7
5(2) At the department's request, the county department shall report to the
6department regarding juveniles in the legal custody or under the supervision of the
7county department.
AB130-SSA1,387,14
8938.595 Duration of control of county departments over delinquents. 9Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and
10placed under the supervision of a county department under s. 938.34 (4n) shall be
11discharged as soon as the county department determines that there is a reasonable
12probability that it is no longer necessary either for the rehabilitation and treatment
13of the juvenile or for the protection of the public that the county department retain
14supervision.
AB130-SSA1,387,1615
SUBCHAPTER XVII
16
GENERAL PROVISIONS ON RECORDS
AB130-SSA1,387,19
17938.78 Confidentiality of records. (1) In this section, unless otherwise
18qualified, "agency" means the department, a county department or a licensed child
19welfare agency.
AB130-SSA1,387,23
20(2) (a) No agency may make available for inspection or disclose the contents of
21any record kept or information received about an individual in its care or legal
22custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or 938.51
23or by order of the court.
AB130-SSA1,388,324
(ag) Paragraph (a) does not prohibit an agency from making available for
25inspection or disclosing the contents of a record, upon the request of the parent,
1guardian or legal custodian of the juvenile who is the subject of the record or upon
2the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal
3custodian or juvenile.
AB130-SSA1,388,94
(am) Paragraph (a) does not prohibit an agency from making available for
5inspection or disclosing the contents of a record, upon the written permission of the
6parent, guardian or legal custodian of the juvenile who is the subject of the record
7or upon the written permission of the juvenile, if 14 years of age or over, to the person
8named in the permission if the parent, guardian, legal custodian or juvenile
9specifically identifies the record in the written permission.
AB130-SSA1,388,1310
(b) 1. Paragraph (a) does not apply to the confidential exchange of information
11between an agency, another social welfare agency, a law enforcement agency, the
12victim-witness coordinator or a public school district regarding an individual in the
13care or legal custody of the agency.
AB130-SSA1,388,2214
2. On petition of an agency to review pupil records, as defined in s. 118.125 (1)
15(d), other than pupil records that may be disclosed without court order under s.
16118.125 (2) or (2m), for the purpose of providing treatment or care for an individual
17in the care or legal custody of the agency, the court may order the school board of the
18school district in which an individual is enrolled to disclose to the agency the pupil
19records of the individual as necessary for the agency to provide that treatment or
20care. The agency may use the pupil records only for the purpose of providing
21treatment or care and may make the pupil records available only to employes of the
22agency who are providing treatment or care for the individual.
AB130-SSA1,389,323
(d) Paragraph (a) does not prohibit the department of health and social services
24or a county department from disclosing information about an individual formerly in
25the legal custody or under the supervision of that department under s. 48.34 (4m),
11993 stats., or formerly under the supervision of that department or county
2department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4n) to the department of
3corrections, if the individual is at the time of disclosure any of the following:
AB130-SSA1,389,44
1. The subject of a presentence investigation under s. 972.15.
AB130-SSA1,389,55
2. Under sentence to the Wisconsin state prisons under s. 973.15.
AB130-SSA1,389,76
3. Subject to an order under s. 48.366 or 938.183 and placed in a state prison
7under s. 48.366 (8) or 938.183.
AB130-SSA1,389,88
4. On probation to the department of corrections under s. 973.09.
AB130-SSA1,389,99
5. On parole under s. 302.11 or ch. 304.
AB130-SSA1,389,1610
(e) Paragraph (a) does not prohibit the department from disclosing information
11about an individual adjudged delinquent under s. 938.31 for a sexually violent
12offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney
13or a judge acting under ch. 980 or to an attorney who represents a person subject to
14a petition under ch. 980. The court in which the petition under s. 980.02 is filed may
15issue any protective orders that it determines are appropriate concerning
16information disclosed under this paragraph.
AB130-SSA1,389,2317
(f) If an agency discloses information in its records about a juvenile under par.
18(b) 1., (d) or (e), the agency shall immediately notify the juvenile who is the subject
19of the record and the juvenile's parent, guardian or legal custodian of that disclosure
20and shall immediately provide to the juvenile and the parent, guardian or legal
21custodian the information disclosed, unless the agency determines that provision of
22that information to the parent, guardian or legal custodian would result in imminent
23danger to the juvenile.
AB130-SSA1,390,11
24(3) If a juvenile adjudged delinquent on the basis of a violation of s. 941.10,
25941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
1941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
2943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
3948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
4correctional facility or a secured child caring institution, has been allowed to leave
5a secured correctional facility or a secured child caring institution for a specified time
6period and is absent from the facility or institution for more than 12 hours after the
7expiration of the specified period, the department may release the juvenile's name
8and any information about the juvenile that is necessary for the protection of the
9public or to secure the juvenile's return to the facility, institution or placement. The
10department shall promulgate rules establishing guidelines for the release of the
11juvenile's name or information about the juvenile to the public.
AB130-SSA1,390,13
12938.795 Powers of the department. The department may do all of the
13following:
AB130-SSA1,390,16
14(1) Collect and collaborate with other agencies in collecting statistics and
15information useful in determining the cause and amount of delinquency and crime
16in this state or in carrying out the powers and duties of the department.
AB130-SSA1,390,20
17(2) Assist communities in their efforts to combat delinquency and social
18breakdown likely to cause delinquency and crime and assist them in setting up
19programs for coordinating the total community program, including the improvement
20of law enforcement.
AB130-SSA1,390,23
21(3) Assist schools in extending their particular contribution in locating and
22helping juveniles vulnerable to delinquency and crime and in improving their
23services to all youth.
AB130-SSA1,390,25
24(4) Develop and maintain an enlightened public opinion in support of a
25program to control delinquency and crime.
AB130-SSA1,391,3
2938.988 Interstate placement of juveniles. Sections 48.988 and 48.989
3apply to the interstate placement of juveniles.
AB130-SSA1,391,85
939.62
(3) (a) In case of crimes committed in this state, the terms do not include
6motor vehicle offenses under chs. 341 to 349 and offenses handled through
court 7proceedings
in the court assigned to exercise jurisdiction under
ch. chs. 48
and 938,
8but otherwise have the meanings designated in s. 939.60.
AB130-SSA1,391,1710
939.62
(3) (b) In case of crimes committed in other jurisdictions, the terms do
11not include those crimes which are equivalent to motor vehicle offenses under chs.
12341 to 349 or to offenses handled through
court proceedings
in the court assigned to
13exercise jurisdiction under
ch. chs. 48
and 938. Otherwise, felony means a crime
14which under the laws of that jurisdiction carries a prescribed maximum penalty of
15imprisonment in a prison or penitentiary for one year or more. Misdemeanor means
16a crime which does not carry a prescribed maximum penalty sufficient to constitute
17it a felony and includes crimes punishable only by a fine.
AB130-SSA1, s. 633
18Section
633. 939.635 (title) and (1) of the statutes are amended to read:
AB130-SSA1,392,6
19939.635 (title)
Penalties; assault or battery in secured juvenile
20correctional facility facilities or to aftercare agent. (1) Except as provided in
21sub. (2), if a person
who has been adjudicated delinquent is convicted of violating s.
22940.20 (1) while placed in a secured correctional facility, as defined in s.
48.02 (15m) 23938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child
24caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment
25unit under s. 46.043 or is convicted of violating s. 940.20 (2m), the court shall
1sentence the person to not less than 3 years of imprisonment. Except as provided in
2sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured
3correctional facility, as defined in s.
48.02 (15m)
938.02 (15m), a secure detention
4facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in
5s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043, the court
6shall sentence the person to not less than 5 years of imprisonment.
AB130-SSA1,392,148
939.635
(2) (b) That imposing the applicable presumptive minimum sentence
9specified in sub. (1) is not necessary to deter the person or other persons from
10committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed
11in a secured correctional facility, as defined in s.
48.02 (15m) 938.02 (15m), a secure
12detention facility, as defined in s. 938.02 (16), a secured child caring institution, as
13defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or
14from committing violations of s. 940.20 (2m).
AB130-SSA1,392,1716
940.20
(2m) (title)
Battery to probation and parole agents and aftercare
17agents. (a) In this subsection
, "probation:
AB130-SSA1,392,19
182. "Probation and parole agent" means any person authorized by the
19department of corrections to exercise control over a probationer or parolee.
AB130-SSA1,392,2420
(b) Whoever intentionally causes bodily harm to a probation and parole agent
21or an aftercare agent, acting in an official capacity and the person knows or has
22reason to know that the victim is a probation and parole agent
or an aftercare agent,
23by an act done without the consent of the person so injured, is guilty of a Class D
24felony.
AB130-SSA1,393,2
1940.20
(2m) (a) 1. "Aftercare agent" means any person authorized by the
2department of corrections to exercise control over a juvenile on aftercare.
AB130-SSA1,393,94
941.29
(2) Any person specified in sub. (1) who, subsequent to the conviction
5for the felony or other crime, as specified in sub. (1), subsequent to the adjudication,
6as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not
7responsible by reason of insanity or mental disease, defect or illness, possesses a
8firearm is guilty of a Class E felony.
Whoever violates this section after being
9convicted under this section is guilty of a Class D felony.
AB130-SSA1,393,1311
943.51
(1) (intro.) Any person who incurs injury to his or her business or
12property as a result of a violation of s. 943.50 may bring a civil action against any
13individual
14 years of age or older who caused the loss for all of the following:
AB130-SSA1,394,416
946.42
(1) (a) "Custody" includes without limitation actual custody of an
17institution, including a secured juvenile correctional facility, a secure detention
18facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
19peace officer or institution guard and constructive custody of prisoners and juveniles
20subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily
21outside the institution whether for the purpose of work, school, medical care, a leave
22granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
23otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
24county to which the prisoner was transferred after conviction.
"
Custody" also
25includes the custody by the department of health and social services of a child who
1is placed in the community under corrective sanctions supervision under s. 48.533. 2It does not include the custody of a probationer or parolee by the department of
3corrections or a probation or parole officer or the custody of a person who has been
4released to aftercare supervision under ch. 48 unless the person is in actual custody.
AB130-SSA1, s. 639
5Section
639. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
627, section 7233p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,394,197
946.42
(1) (a) "Custody" includes without limitation actual custody of an
8institution, including a secured juvenile correctional facility, a secured child caring
9institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s.
10938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution
11guard and constructive custody of prisoners and juveniles subject to an order under
12s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside
13the institution whether for the purpose of work, school, medical care, a leave granted
14under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise.
15Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to
16which the prisoner was transferred after conviction. It does not include the custody
17of a probationer or parolee by the department of corrections or a probation or parole
18officer or the custody of a person who has been released to aftercare supervision
19under ch. 938 unless the person is in actual custody.
AB130-SSA1,394,2321
946.42
(1) (c) "Legal arrest" includes without limitation an arrest pursuant to
22process fair on its face notwithstanding insubstantial irregularities and also
23includes taking a child into custody under s.
48.19
938.19.
AB130-SSA1,395,4
1946.42
(2) (b) Lawfully taken into custody under s.
48.19 938.19 for a violation
2of or lawfully alleged or adjudged under ch.
48 938 to have violated a statutory traffic
3regulation, a statutory provision for which the penalty is a forfeiture or a municipal
4ordinance.
AB130-SSA1,395,86
946.42
(3) (b) Lawfully taken into custody under s.
48.19 938.19 for or lawfully
7alleged or adjudged under ch.
48 938 to be delinquent on the basis of a violation of
8a criminal law.
AB130-SSA1, s. 643
9Section
643. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts
10377 and 385, is amended to read:
AB130-SSA1,395,1311
946.42
(3) (c) Subject to a disposition under s.
48.34 (4g) 938.34 (4h) or (4m),
12to a placement under s.
48.357 938.357 (4) or to aftercare revocation under s.
48.357 13938.357 (5) (e).
AB130-SSA1,395,1916
946.44
(1) (a) Any officer or employe of an institution where prisoners are
17detained
or any officer or employe providing corrective sanctions supervision under
18s. 48.533 who intentionally permits a prisoner in the officer's or employe's custody
19to escape; or
AB130-SSA1, s. 645
20Section
645. 946.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
2127 and .... (this act), is repealed and recreated to read:
AB130-SSA1,395,2422
946.44
(1) (a)
Any officer or employe of an institution where prisoners are
23detained who intentionally permits a prisoner in the officer's or employe's custody
24to escape; or
AB130-SSA1,396,43
946.44
(2) (c) "Institution" includes a secured juvenile correctional facility and
4a secured child caring institution
, as defined in s. 938.02 (15g).
AB130-SSA1,396,107
946.44
(2) (d) "Prisoner" includes a person who is under the supervision of the
8department of corrections under s.
48.34 938.34 (4h) or placed in a secured
9correctional facility or secured child caring institution under s.
48.34 938.34 (4m) or
1048.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.
AB130-SSA1,396,1613
946.45
(1) Any officer or employe of an institution where prisoners are detained
14or any officer or employe providing corrective sanctions supervision under s. 48.533 15who, through his or her neglect of duty, allows a prisoner in his or her custody to
16escape is guilty of a Class B misdemeanor.
AB130-SSA1, s. 649
17Section
649. 946.45 (1) of the statutes, as affected by 1995 Wisconsin Acts 27
18and .... (this act), is repealed and recreated to read:
AB130-SSA1,396,2119
946.45
(1) Any officer or employe of an institution where prisoners are detained
20who, through his or her neglect of duty, allows a prisoner in his or her custody to
21escape is guilty of a Class B misdemeanor.
AB130-SSA1,396,2524
946.45
(2) (c) "Institution" includes a secured juvenile correctional facility and
25a secured child caring institution
, as defined in s. 938.02 (15g).
AB130-SSA1,397,63
946.45
(2) (d) "Prisoner" includes a person who is under the supervision of the
4department of corrections under s.
48.34 938.34 (4h) or placed in a secured
5correctional facility or secured child caring institution under s.
48.34 938.34 (4m) or
648.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.
AB130-SSA1,397,12
8946.50 Absconding. Any person who is adjudicated delinquent, but who
9intentionally fails to appear before the court assigned to exercise jurisdiction under
10chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does
11not return to that court for a dispositional hearing before attaining the age of 17 years
12is guilty of the following:
AB130-SSA1,397,14
13(1) A Class A felony, if the person was adjudicated delinquent for committing
14an act that would be a Class A felony if committed by an adult.
AB130-SSA1,397,16
15(2) A Class B felony, if the person was adjudicated delinquent for committing
16an act that would be a Class B felony if committed by an adult.
AB130-SSA1,397,18
17(3) A Class C felony, if the person was adjudicated delinquent for committing
18an act that would be a Class C felony is committed by an adult.
AB130-SSA1,397,20
19(4) A Class D felony, if the person was adjudicated delinquent for committing
20an act that would be a Class D felony if committed by an adult.
AB130-SSA1,397,22
21(5) A Class E felony, if the person was adjudicated delinquent for committing
22an act that would be a Class E felony if committed by an adult.
AB130-SSA1,397,24
23(6) A Class A misdemeanor, if the person was adjudicated delinquent for
24committing an act that would be a misdemeanor if committed by an adult.
AB130-SSA1,398,63
948.31
(1) (a) 2. The department of health and social services or the department
4of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or
5licensed child welfare agency, if custody
or supervision of the child has been
6transferred under ch. 48
or 938 to that department, person or agency.
AB130-SSA1,398,168
948.31
(1) (b) Except as provided under
ch. chs. 48
and 938, whoever
9intentionally causes a child to leave, takes a child away or withholds a child for more
10than 12 hours beyond the court-approved period of physical placement or visitation
11period from a legal custodian with intent to deprive the custodian of his or her
12custody rights without the consent of the custodian is guilty of a Class C felony. This
13paragraph is not applicable if the court has entered an order authorizing the person
14to so take or withhold the child. The fact that joint legal custody has been awarded
15to both parents by a court does not preclude a court from finding that one parent has
16committed a violation of this paragraph.
AB130-SSA1,398,2118
948.40
(1) No person may intentionally encourage or contribute to the
19delinquency of a child
as defined in s. 48.02 (3m). This subsection includes
20intentionally encouraging or contributing to an act by a child under the age of
12 10 21which would be a delinquent act if committed by a child
12 10 years of age or older.