AB150-engrossed,834,1715
(
4) (b) If an interpreter under
subd. 1. par. (a) is unavailable, an interpreter for
16hearing-impaired persons whose qualifications have been determined appropriate
17by the department.
AB150-engrossed,834,1918
(
6) The department shall promulgate rules to implement this
subsection 19section.
AB150-engrossed, s. 2418f
20Section 2418f. 47.03 (11) (a) of the statutes is renumbered 47.03 (11) (a)
21(intro.) and amended to read:
AB150-engrossed,835,422
47.03
(11) (a) (intro.) The department shall provide services, including
23vocational training, craft instruction and a supervised business initiatives program
24for severely handicapped persons who are eligible for vocational rehabilitation
25services. Under this subsection, the department may own, lease, manage, supervise
1or operate businesses for the benefit of severely handicapped persons, including
2home-based employment and craft work, with the ultimate objective of enabling
3severely handicapped persons to operate their own businesses. The department
4shall
assist persons who receive these services do all of the following:
AB150-engrossed,835,6
54. Assist homecraft clients in marketing the finished products
and develop
6additional markets for the finished products.
AB150-engrossed,835,108
47.03
(11) (a) 1. Through a wholesale distributor, purchase or provide for the
9purchase of any supplies needed by any client participating in the homecraft
10program to produce craftwork for the homecraft program.
AB150-engrossed,835,1312
47.03
(11) (a) 2. Deliver or provide for the delivery of supplies purchased under
13subd. 1. to the homecraft client.
AB150-engrossed,835,1615
47.03
(11) (a) 3. Transport or provide for the transportation of finished
16homecrafted products to distribution centers.
AB150-engrossed,835,2118
47.03
(11) (e) The department shall distribute at least $218,600 from the
19appropriations in s. 20.435 (5) (bm) and (na) in each fiscal year for homecraft services
20relating to the marketing and distribution of homecraft products and to the purchase
21of capital equipment for each client who participates in the homecraft program.
AB150-engrossed, s. 2419d
22Section 2419d. 47.03 (11) (e) of the statutes, as created by 1995 Wisconsin Act
23.... (this act), is amended to read:
AB150-engrossed,836,324
47.03
(11) (e) The department shall distribute at least $218,600 from the
25appropriations in s.
20.435 20.445 (5) (bm) and (na) in each fiscal year for homecraft
1services relating to the marketing and distribution of homecraft products and to the
2purchase of capital equipment for each client who participates in the homecraft
3program.
AB150-engrossed, s. 2421
5Section
2421. 47.20 of the statutes is renumbered 46.297, and 46.297 (1), as
6renumbered, is amended to read:
AB150-engrossed,836,117
46.297
(1) Assistance. From the appropriation under s. 20.435
(5) (7) (d), the
8department shall, subject to the availability of funds, provide assistance to
9hearing-impaired persons to secure telecommunication devices capable of serving
10their needs. Except in extraordinary circumstances, the department shall purchase
11or provide funds for the purchase of telecommunication devices.
AB150-engrossed,836,1614
48.02
(1) "Adult" means a person who is 18 years of age or older
, except that
15for purposes of prosecuting a person who is alleged to have violated any state or
16federal criminal law, "adult" means a person who has attained 17 years of age.
AB150-engrossed,836,2018
48.02
(2) "Child" means a person who is less than 18 years of age
, except that
19for purposes of prosecuting a person who is alleged to have violated a state or federal
20criminal law, "child" does not include a person who has attained 17 years of age.
AB150-engrossed,836,2422
48.02
(2c) "Child caring institution" means a facility operated by a child
23welfare agency licensed under s. 48.60 for the care and maintenance of children
24residing in that facility.
AB150-engrossed,837,4
148.02
(3m) "Delinquent" means a child who is less than
18 17 years of age and
212 years of age or older who has violated any state or federal criminal law, except as
3provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court,
4as defined in s. 785.01 (1), as specified in s. 48.355 (6g).
AB150-engrossed,837,86
48.02
(15g) "Secured child caring institution" means a child caring institution
7operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure
8custody persons adjudged delinquent.
AB150-engrossed,837,1511
48.02
(15m) "Secured correctional facility" means a correctional institution
12operated or contracted for by the department
of health and social services or the
13department of corrections for holding in secure custody persons adjudged
14delinquent. "Secured correctional facility" includes the facility at which the juvenile
15boot camp program under s. 48.532 is operated.
AB150-engrossed, s. 2426p
16Section 2426p. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin 377
17and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,837,2118
48.02
(15m) "Secured correctional facility" means a correctional institution
19operated or contracted for by the department of corrections for holding in secure
20custody persons adjudged delinquent. "Secured correctional facility" includes the
21facility at which the juvenile boot camp program under s. 48.532 is operated.
AB150-engrossed,838,224
48.023
(4) The rights and responsibilities of legal custody except when legal
25custody has been vested in another person or when the child is under the supervision
1of the department
of corrections under s. 48.34 (
4h), (4m) or (4n) or the supervision
2of a county department under s. 48.34 (4n).
AB150-engrossed,838,74
48.025
(1) Any person claiming to be the father of a nonmarital child who is not
5adopted or whose parents do not subsequently intermarry under s. 767.60 may, in
6accordance with procedures under this section, file with the department
of revenue 7a declaration of his interest in matters affecting such child.
AB150-engrossed,838,149
48.025
(3) A copy of a declaration filed with the department
of revenue under
10sub. (1) shall be sent to the mother at her last-known address. Nonreceipt of such
11copy shall not affect the validity of the declaration. The mother may send a written
12response to the declaration to the department
of revenue, and the written response
13shall be filed with the declaration. Failure to send a written response shall not
14constitute an admission of the statements contained in the declaration.
AB150-engrossed,838,1916
48.06
(1) (b) Notwithstanding par. (a), the county board of supervisors may
17institute changes in the administration of services to the children's court center in
18order to qualify for the maximum amount of federal and state aid as provided in sub.
19(4) and s.
49.52 46.495.
AB150-engrossed,839,421
48.06
(4) State aid. State aid to any county for court services under this section
22shall be at the same net effective rate that each county is reimbursed for county
23administration under s.
49.52 46.495, except as provided in s.
46.26 301.26. Counties
24having a population of less than 500,000 may use funds received under ss.
46.26 and
2549.52 (1) (d) 46.495 (1) (d) and 301.26, including county or federal revenue sharing
1funds allocated to match funds received under s.
49.52 (1) (d) 46.495 (1) (d), for the
2cost of providing court attached intake services in amounts not to exceed 50% of the
3cost of providing court attached intake services or $30,000 per county per calendar
4year, whichever is less.
AB150-engrossed,839,96
48.069
(1) (intro.) The staff of the department
of health and social services, the
7department of corrections, the court, a county department or a licensed child welfare
8agency designated by the court to carry out the objectives and provisions of this
9chapter shall:
AB150-engrossed,839,1311
48.069
(2) Licensed child welfare agencies
and, the department
of health and
12social services and the department of corrections shall provide services under this
13section only upon the approval of the agency from whom services are requested.
AB150-engrossed,839,2316
48.08
(2) Except as provided in sub. (3), any person authorized to provide or
17providing intake or dispositional services for the court under ss. 48.067 and 48.069
18and any department of corrections staff member designated by agreement between
19the department of corrections and the department of health and social services has
20the power of police officers and deputy sheriffs only for the purpose of taking a child
21into physical custody when the child comes voluntarily or is suffering from illness or
22injury or is in immediate danger from his or her surroundings and removal from the
23surroundings is necessary.
AB150-engrossed,840,8
148.08
(3) (a) (intro.) In addition to the law enforcement authority specified in
2sub. (2),
department of health and social services personnel designated by that
3department
, personnel of a nonprofit corporation operating a secured correctional
4facility for girls designated by agreement between that nonprofit corporation and the
5department of health and social services, and department of corrections personnel
6designated by
agreement between the department of health and social services and 7the department of corrections have the power of law enforcement authorities to take
8a child into physical custody under the following conditions:
AB150-engrossed,840,1210
48.12
(1) The court has exclusive jurisdiction, except as provided in ss. 48.17,
1148.18 and 48.183, over any child
who is less than 17 years of age and 12 years of age
12or older
and who is alleged to be delinquent as defined in s. 48.02 (3m).
AB150-engrossed,840,2114
48.12
(2) If a court proceeding has been commenced under this section before
15a child is
18 17 years of age, but the child becomes
18 17 years of age before admitting
16the facts of the petition at the plea hearing or if the child denies the facts, before an
17adjudication, the court retains jurisdiction over the case to dismiss the action with
18prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree.
19If the court finds that the child has failed to fulfill the express terms and conditions
20of the consent decree or the child objects to the continuation of the consent decree,
21the court may waive its jurisdiction.
AB150-engrossed,841,6
148.18
(2r) If it appears that the child may be suitable for participation in the
2serious juvenile offender program under s. 48.538 or the adult intensive sanctions
3program under s. 301.048, the judge shall order the department of corrections to
4submit a written report analyzing the child's suitability for participation in those
5programs and recommending whether the child should be placed in either of those
6programs.
AB150-engrossed,841,139
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
10available for treatment of the child and protection of the public within the juvenile
11justice system, and, where applicable, the mental health system
and the suitability
12of the child for placement in the youthful offender program under s. 48.537 or the
13adult intensive sanctions program under s. 301.048.
AB150-engrossed,841,2016
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
17available for treatment of the child and protection of the public within the juvenile
18justice system, and, where applicable, the mental health system and the suitability
19of the child for placement in the serious juvenile offender program under s. 48.538
20or the adult intensive sanctions program under s. 301.048.
AB150-engrossed,842,223
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
24or aftercare supervision administered by the department
of health and social
25services or a county department
, or of corrective sanctions supervision administered
1by the department
of health and social services or youthful offender supervision
2administered by the department of corrections.
AB150-engrossed,842,85
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
6or aftercare supervision administered by the department of corrections or a county
7department or of corrective sanctions supervision or serious juvenile offender
8supervision administered by the department of corrections.
AB150-engrossed,842,1411
48.20
(2) (cm) If the child has violated the terms of aftercare supervision
12administered by the department
of corrections or a county department, the person
13who took the child into custody may release the child to the department
of corrections 14or county department, whichever has aftercare supervision over the child.
AB150-engrossed,842,2017
48.20
(7) (c) 1m. In the case of a child who has violated the terms of aftercare
18supervision administered by the department
of corrections or a county department,
19to the department
of corrections or county department, whichever has aftercare
20supervision of the child.
AB150-engrossed,843,1623
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
24parent, guardian and legal custodian of the reasons for holding the child in custody
25and of the child's whereabouts unless there is reason to believe that notice would
1present imminent danger to the child. If a child who has violated the terms of
2aftercare supervision administered by the department or a county department is
3held in custody, the intake worker shall also notify the department or county
4department, whichever has supervision over the child, of the reasons for holding the
5child in custody, of the child's whereabouts and of the time and place of the detention
6hearing required under s. 48.21. The parent, guardian and legal custodian shall also
7be notified of the time and place of the detention hearing required under s. 48.21, the
8nature and possible consequences of that hearing,
the right to counsel under s. 48.23
9regardless of ability to pay, and the right to present and cross-examine witnesses at
10the hearing. If the parent, guardian or legal custodian is not immediately available,
11the intake worker or another person designated by the court shall provide notice as
12soon as possible. When the child is alleged to be in need of protection or services and
13is 12 years of age or older, or is alleged to have committed a delinquent act, the child
14shall receive the same notice about the detention hearing as the parent, guardian or
15legal custodian. The intake worker shall notify both the child and the child's parent,
16guardian or legal custodian.
AB150-engrossed,844,1219
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
20parent, guardian and legal custodian of the reasons for holding the child in custody
21and of the child's whereabouts unless there is reason to believe that notice would
22present imminent danger to the child. If a child who has violated the terms of
23aftercare supervision administered by the department of corrections or a county
24department is held in custody, the intake worker shall also notify the department of
25corrections or county department, whichever has supervision over the child, of the
1reasons for holding the child in custody, of the child's whereabouts and of the time
2and place of the detention hearing required under s. 48.21. The parent, guardian and
3legal custodian shall also be notified of the time and place of the detention hearing
4required under s. 48.21, the nature and possible consequences of that hearing, and
5the right to present and cross-examine witnesses at the hearing. If the parent,
6guardian or legal custodian is not immediately available, the intake worker or
7another person designated by the court shall provide notice as soon as possible.
8When the child is alleged to be in need of protection or services and is 12 years of age
9or older, or is alleged to have committed a delinquent act, the child shall receive the
10same notice about the detention hearing as the parent, guardian or legal custodian.
11The intake worker shall notify both the child and the child's parent, guardian or legal
12custodian.
AB150-engrossed,844,1915
48.205
(1) (c) Probable cause exists to believe that the child will run away or
16be taken away so as to be unavailable for proceedings of the court or its officers or
17proceedings of the division of hearings and appeals in the department of
18administration for revocation of aftercare
, or corrective sanctions
or youthful
19offender supervision.
AB150-engrossed,845,222
48.205
(1) (c) Probable cause exists to believe that the child will run away or
23be taken away so as to be unavailable for proceedings of the court or its officers or
24proceedings of the division of hearings and appeals in the department of
1administration for revocation of aftercare, corrective sanctions or serious juvenile
2offender supervision.
AB150-engrossed, s. 2437m
3Section 2437m. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
4377 and 385, is amended to read:
AB150-engrossed,845,125
48.208
(1) Probable cause exists to believe that the child has committed a
6delinquent act and either presents a substantial risk of physical harm to another
7person or a substantial risk of running away as evidenced by a previous act or
8attempt so as to be unavailable for a court hearing or a revocation hearing for
9children on aftercare
, or corrective sanctions
or youthful offender supervision. For
10children on aftercare
, or corrective sanctions
or youthful offender supervision, the
11delinquent act referred to in this section may be the act for which the child was placed
12in a secured correctional facility.
AB150-engrossed, s. 2437p
13Section 2437p. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts
14377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,845,2215
48.208
(1) Probable cause exists to believe that the child has committed a
16delinquent act and either presents a substantial risk of physical harm to another
17person or a substantial risk of running away as evidenced by a previous act or
18attempt so as to be unavailable for a court hearing or a revocation hearing for
19children on aftercare, corrective sanctions or serious juvenile offender supervision.
20For children on aftercare, corrective sanctions or serious juvenile offender
21supervision, the delinquent act referred to in this section may be the act for which
22the child was placed in a secured correctional facility.
AB150-engrossed,846,424
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
25or legal custodian shall be informed by the court of the allegations that have been
1made or may be made, the nature and possible consequences of this hearing as
2compared to possible future hearings,
the right to counsel under s. 48.23 regardless
3of ability to pay, the right to confront and cross-examine witnesses and the right to
4present witnesses.
AB150-engrossed,846,127
48.22
(7) (a) No person may establish a shelter care facility without first
8obtaining a license under s. 48.66 (1).
To obtain a license under s. 48.66 (1) to operate
9a shelter care facility, a person must meet the minimum requirements for a license
10established by the department under s. 48.67 and pay the license fee under par. (b).
11A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years
12after the date of issuance, unless sooner revoked or suspended.
AB150-engrossed,846,2114
48.22
(7) (b) Before the department may issue a license under s. 48.66 (1) to
15operate a shelter care facility, the shelter care facility must pay to the department
16a biennial fee of $50, plus a biennial fee of $15 per child, based on the number of
17children that the shelter care facility is licensed to serve. A shelter care facility that
18wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this
19paragraph by the renewal date of the license. A new shelter care facility shall pay
20the fee under this paragraph by no later than 30 days before the opening of the
21shelter care facility.