Amendment ASA-AB150

AB150-ASA, s. 2472j Section 2472j. 48.366 (5) (d) 1. of the statutes is amended to read:

AB150-ASA,853,14 48.366 (5) (d) 1. At the time the department of corrections or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has a right to request a hearing on the petition and, if the petition is for revocation of a person's aftercare supervision, that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the child was adjudged delinquent and the victim, if any, of the delinquent act.

AB150-ASA, s. 2472m Section 2472m. 48.366 (5) (d) 2. of the statutes is amended to read:

AB150-ASA,853,18 48.366 (5) (d) 2. At the time a person subject to an order files a petition under par. (a), the person shall provide written notice of the petition to the department of corrections or county department, as applicable.

AB150-ASA, s. 2472p Section 2472p. 48.366 (5) (f) of the statutes is amended to read:

AB150-ASA,853,24 48.366 (5) (f) If the court grants a petition to release a person to aftercare supervision and the person's county of residence is one in which the county department provides aftercare supervision, the department of corrections may contract with the county department under s. 46.036 301.08 (2) for aftercare supervision of the person.

AB150-ASA, s. 2472r Section 2472r. 48.366 (6) (a) 2. of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,854,4 48.366 (6) (a) 2. The department of corrections or county department ordered under s. 48.34 (4n) to provide aftercare supervision of the person.

AB150-ASA, s. 2472t Section 2472t. 48.366 (6) (b) of the statutes is amended to read:

AB150-ASA,854,9 48.366 (6) (b) The petition shall state the factual basis for the petitioner's belief that discharge will not pose a threat of bodily harm to other persons. The department of corrections or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.

AB150-ASA, s. 2472v Section 2472v. 48.366 (6) (c) 1. of the statutes is amended to read:

AB150-ASA,854,17 48.366 (6) (c) 1. At the time the department of corrections or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.

AB150-ASA, s. 2472x Section 2472x. 48.366 (6) (c) 2. of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,854,23 48.366 (6) (c) 2. At the time a person subject to an order files a petition under par. (a), he or she shall provide written notice of the petition to the department of corrections or county department, whichever has been ordered under s. 48.34 (4n) to provide aftercare supervision of the person.

AB150-ASA, s. 2472z Section 2472z. 48.366 (7) of the statutes is amended to read:

AB150-ASA,855,6 48.366 (7) Notice of hearing. Upon receipt of a request for a hearing under sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department of corrections and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state, the notice shall be mailed at least 14 days before the hearing.

AB150-ASA, s. 2473 Section 2473. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,855,15 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 18 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB150-ASA, s. 2473m Section 2473m. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,856,2 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01. If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB150-ASA, s. 2474 Section 2474. 48.38 (1) (a) of the statutes is amended to read:

AB150-ASA,856,5 48.38 (1) (a) "Agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency.

AB150-ASA, s. 2475m Section 2475m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150-ASA,856,17 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB150-ASA, s. 2476 Section 2476. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,857,3 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or in the serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB150-ASA, s. 2478 Section 2478. 48.39 of the statutes is amended to read:

AB150-ASA,857,9 48.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 48.12 bars any future criminal proceeding on the same matter in circuit court when the child reaches the age of 18 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 48.18.

AB150-ASA, s. 2479 Section 2479. 48.396 (1) of the statutes is amended to read:

AB150-ASA,857,19 48.396 (1) Peace officers' records of children shall be kept separate from records of persons 18 or older adults. Peace officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 16 or older who are transferred to the criminal courts.

AB150-ASA, s. 2480 Section 2480. 48.396 (2) (b) of the statutes is amended to read:

AB150-ASA,858,2 48.396 (2) (b) Upon request of the department of health and social services, the department of corrections or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records for inspection by authorized representatives of the requesting department or federal agency.

AB150-ASA, s. 2480m Section 2480m. 48.396 (2) (e) of the statutes is amended to read:

AB150-ASA,858,10 48.396 (2) (e) Upon request of the department of health and social services corrections to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of health and social services corrections the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

AB150-ASA, s. 2495 Section 2495. 48.432 (2) (a) of the statutes is amended to read:

AB150-ASA,858,14 48.432 (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file.

AB150-ASA, s. 2496 Section 2496. 48.432 (2) (b) of the statutes is amended to read:

AB150-ASA,858,21 48.432 (2) (b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.

AB150-ASA, s. 2497 Section 2497. 48.432 (3) (a) (intro.) of the statutes is amended to read:

AB150-ASA,858,25 48.432 (3) (a) (intro.) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request:

AB150-ASA, s. 2498 Section 2498. 48.432 (3) (b) of the statutes is amended to read:

AB150-ASA,859,5 48.432 (3) (b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.

AB150-ASA, s. 2499 Section 2499. 48.432 (3) (c) of the statutes is amended to read:

AB150-ASA,859,11 48.432 (3) (c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.

AB150-ASA, s. 2500 Section 2500. 48.432 (4) (a) of the statutes is amended to read:

AB150-ASA,859,23 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.

AB150-ASA, s. 2501 Section 2501. 48.432 (4) (b) of the statutes is amended to read:

AB150-ASA,860,6 48.432 (4) (b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual's or adoptee's parents. Upon request by the department, an agency shall cooperate in the search and shall make its records available to the department. The department may not require an agency to conduct the search, but may designate an agency to do so with the agency's consent.

AB150-ASA, s. 2502 Section 2502. 48.432 (4) (d) of the statutes is amended to read:

AB150-ASA,860,13 48.432 (4) (d) The department, or agency designated by the department contracted with under par. (b) sub. (9), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

AB150-ASA, s. 2503 Section 2503. 48.432 (4) (f) of the statutes is amended to read:

AB150-ASA,860,18 48.432 (4) (f) The department, or agency contracted with under sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent's identity or location.

AB150-ASA, s. 2504 Section 2504. 48.432 (4) (g) of the statutes is amended to read:

AB150-ASA,860,24 48.432 (4) (g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under sub. (9), shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.

AB150-ASA, s. 2505 Section 2505. 48.432 (8m) (intro.) of the statutes is amended to read:

AB150-ASA,861,2 48.432 (8m) (intro.)  The department , or agency contracted with under sub. (9), shall give priority to all of the following:

AB150-ASA, s. 2506 Section 2506. 48.432 (9) of the statutes is amended to read:

AB150-ASA,861,5 48.432 (9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

AB150-ASA, s. 2507 Section 2507. 48.433 (2) of the statutes is amended to read:

AB150-ASA,861,14 48.433 (2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB150-ASA, s. 2508 Section 2508. 48.433 (3) (intro.) of the statutes is amended to read:

AB150-ASA,861,20 48.433 (3) (intro.)  Any person 21 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the person with the following:

AB150-ASA, s. 2509 Section 2509. 48.433 (4) of the statutes is amended to read:

AB150-ASA,861,23 48.433 (4) Before acting on the request, the department , or agency contracted with under sub. (11), shall require the requester to provide adequate identification.

AB150-ASA, s. 2510 Section 2510. 48.433 (5) (intro.) of the statutes is amended to read:

AB150-ASA,862,2 48.433 (5) (intro.)  The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances:

AB150-ASA, s. 2511 Section 2511. 48.433 (5) (a) of the statutes is amended to read:

AB150-ASA,862,5 48.433 (5) (a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents.

AB150-ASA, s. 2512 Section 2512. 48.433 (6) (a) of the statutes is amended to read:

AB150-ASA,862,13 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search.

AB150-ASA, s. 2513 Section 2513. 48.433 (6) (b) of the statutes is repealed.

AB150-ASA, s. 2514 Section 2514. 48.433 (6) (d) of the statutes is amended to read:

AB150-ASA,862,21 48.433 (6) (d) The department, or agency designated by the department contracted with under par. (b) sub. (11), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

AB150-ASA, s. 2515 Section 2515. 48.433 (7) (b) of the statutes is amended to read:

AB150-ASA,863,2 48.433 (7) (b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit.

AB150-ASA, s. 2516 Section 2516. 48.433 (7) (c) of the statutes is amended to read:

AB150-ASA,863,6 48.433 (7) (c) If the birth parent files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).

AB150-ASA, s. 2517 Section 2517. 48.433 (7) (e) of the statutes is amended to read:

AB150-ASA,863,11 48.433 (7) (e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under sub. (2).

AB150-ASA, s. 2518 Section 2518. 48.433 (8) (a) (intro.) of the statutes is amended to read:

AB150-ASA,863,19 48.433 (8) (a) (intro.) If a birth parent is known to be dead and has not filed an unrevoked affidavit under sub. (2), the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency may not provide the requester with his or her original birth certificate or with the identity of that parent, but shall provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist:

AB150-ASA, s. 2519 Section 2519. 48.433 (8) (b) of the statutes is amended to read:

AB150-ASA,863,24 48.433 (8) (b) If a birth parent is known to be dead, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency.

AB150-ASA, s. 2520 Section 2520. 48.433 (8m) of the statutes is amended to read:

AB150-ASA,864,4 48.433 (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

AB150-ASA, s. 2521 Section 2521. 48.433 (11) of the statutes is amended to read:

AB150-ASA,864,7 48.433 (11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

AB150-ASA, s. 2522 Section 2522. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read: