AB130: Bill Text

AB130,371,12 (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 and 938.363, 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.

AB130,371,20 (4) Institutional status. (a) A participant in the youthful offender program is in the legal custody and under the control of the department and is subject to the rules and discipline of the department. 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 or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5).

AB130,372,6 (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.

AB130,372,11 (4m) Escape. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the youthful 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).

AB130,372,15 (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 youthful offender program. Parole supervision of the participant shall be provided by the department.

AB130,372,19 (b) The department may discharge a participant from participation in the youthful offender program and from departmental custody and control at any time after the participant has completed 3 years of participation in the youthful offender program.

AB130,372,22 (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 youthful offender program.

AB130,372,25 (dm) The department of corrections may not transfer legal custody and control over a participant in the youthful offender program to the department of health and social services.

AB130,373,6 (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 youthful 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 (1) (am).

AB130,373,7 (6m) Minority hiring. (a) In this subsection:

AB130,373,11 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.

AB130,373,13 2. "Black" means a person whose ancestors originated in any of the black racial groups of Africa.

AB130,373,16 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.

AB130,373,17 4. "Minority group member" means a Black, a Hispanic or an American Indian.

AB130,374,2 (b) In the selection of classified service employes for a secured correctional facility operated by the department for the placement of program participants under this section, 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 juveniles 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.

AB130,374,3 (7) Rules. The department shall promulgate rules to implement this section.

AB130,374,9 938.54 Records. The department shall keep a complete record on each juvenile under its supervision under s. 938.183 or 938.34 (4m) or (4n). 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.

AB130,374,23 938.547 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.

AB130,375,8 (2) Department responsibilities. Within the availability of funding under s. 20.435 (7) (mb) that is available for the pilot program, the department 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 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 shall select counties in accordance with the request-for-proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management.

AB130,375,12 (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:

AB130,375,13 (a) Family dysfunction.

AB130,375,14 (b) School or truancy problems.

AB130,375,15 (c) Mental health problems.

AB130,375,16 (d) Delinquent behavior patterns.

AB130,375,24 (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.

AB130,376,3 938.548 Multidisciplinary screen and assessment criteria. The department 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.

AB130,376,6 938.549 Juvenile classification system. (1) The department shall make available to all counties a juvenile classification system that includes at least all of the following:

AB130,376,8 (a) A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense.

AB130,376,10 (b) A needs assessment instrument for determining the service needs of a juvenile who has committed an offense.

AB130,376,13 (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.

AB130,376,15 (2) A county may use the juvenile classification system to do any of the following:

AB130,376,17 (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.

AB130,376,19 (b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.

AB130,376,21 (c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.

AB130,376,24 (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.

AB130,377,3 Subchapter XII County JUVENILE welfare services

AB130,377,9 938.57 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:

AB130,377,17 (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.

AB130,377,22 (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.

AB130,378,10 (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 state superintendent of public instruction 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 state superintendent of public instruction.

AB130,378,12 (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.

AB130,378,13 (f) Provide services to the court under s. 938.06.

AB130,378,15 (g) Upon request of the department, provide service for any juvenile in the care of the department.

AB130,378,17 (h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile.

AB130,378,20 (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.

AB130,378,23 (3) (a) From the reimbursement received under s. 49.52 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the follwing qualifications:

AB130,378,24 1. Is 17 years of age or older.

AB130,379,2 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB130,379,4 3. Received funding under s. 49.52 (1) (d) immediately prior to his or her 17th birthday.

AB130,379,6 4. Is living in a foster home, treatment foster home, group home or child caring institution.

AB130,379,9 (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. 49.52 (1) (d) if the juvenile were 16 years of age.

AB130,379,20 (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.

AB130,380,8 938.59 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.

AB130,380,11 (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.

AB130,380,18 938.595 Duration of control of county departments over delinquents. Except as provided in s. 938.66, 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.

AB130,380,20 SUBCHAPTER XVII GENERAL PROVISIONS ON RECORDS

AB130,380,23 938.78 Confidentiality of records. (1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.

AB130,381,2 (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.

AB130,381,6 (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.

AB130,381,15 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.

AB130,381,20 (d) Paragraph (a) does not prohibit the department or a county department from disclosing information about an individual formerly under the supervision of the department under s. 938.183 or 938.34 (4m) or formerly under the supervision of the department or county department under s. 938.34 (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB130,381,21 1. The subject of a presentence investigation under s. 972.15.

AB130,381,22 2. Under sentence to the Wisconsin state prisons under s. 973.15.

AB130,381,24 3. Subject to an order under s. 938.183 or 938.366 and placed in a state prison under s. 938.183 or 938.366 (8).

AB130,381,25 4. On probation to the department of corrections under s. 973.09.

AB130,382,1 5. On parole under s. 302.11 or ch. 304.

AB130,382,8 (e) Paragraph (a) does not prohibit the department of health and social services 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.

AB130,382,25 (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 of health and social services or the department of corrections 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 of health and social services shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a juvenile, or information about a juvenile, who is placed in a secured correctional facility operated by that department.

AB130, s. 581 Section 581. 938.988 of the statutes is created to read:

AB130,383,3 938.988 Interstate placement of juveniles. Sections 48.988 and 48.989 apply to the interstate placement of juveniles.

AB130, s. 582 Section 582. 939.62 (3) (a) of the statutes is amended to read:

AB130,383,8 939.62 (3) (a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under chs. 341 to 349 and offenses handled through court proceedings in the court assigned to exercise jurisdiction under ch. chs. 48 and 938, but otherwise have the meanings designated in s. 939.60.

AB130, s. 583 Section 583. 939.62 (3) (b) of the statutes is amended to read:

AB130,383,17 939.62 (3) (b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under chs. 341 to 349 or to offenses handled through court proceedings in the court assigned to exercise jurisdiction under ch. chs. 48 and 938. Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.

AB130, s. 584 Section 584. 939.635 (1) of the statutes is amended to read:

AB130,384,2 939.635 (1) Except as provided in sub. (2), if a person is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), the court shall sentence the person to not less than 5 years of imprisonment.

AB130, s. 585 Section 585. 939.635 (2) (b) of the statutes is amended to read:

AB130,384,8 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 586 Section 586. 941.29 (2) of the statutes is amended to read:

AB130,384,15 941.29 (2) Any person specified in sub. (1) who, subsequent to the conviction for the felony or other crime, as specified in sub. (1), subsequent to the adjudication, as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, possesses a firearm is guilty of a Class E felony. Whoever violates this section after being convicted under this section is guilty of a Class D felony.

AB130, s. 587 Section 587. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130,385,10 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined under s. 48.02 938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 938.183, 938.34 (4g) or (4m), 938.357 (4) or (5) (e) or 938.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. "Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 938 unless the person is in actual custody.

AB130, s. 588 Section 588. 946.42 (1) (c) of the statutes is amended to read:

AB130,385,14 946.42 (1) (c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child into custody under s. 48.19 938.19.

AB130, s. 589 Section 589. 946.42 (2) (b) of the statutes is amended to read:

AB130,385,19 946.42 (2) (b) Lawfully taken into custody under s. 48.19 938.19 for a violation of or lawfully alleged or adjudged under ch. 48 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.

AB130, s. 590 Section 590. 946.42 (3) (b) of the statutes is amended to read:

AB130,385,23 946.42 (3) (b) Lawfully taken into custody under s. 48.19 938.19 for or lawfully alleged or adjudged under ch. 48 938 to be delinquent on the basis of a violation of a criminal law.

AB130, s. 591 Section 591. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read: