AB600: Bill Text

AB600,25,3 (3) The county board of supervisors of a county that has established a secured correctional facility governed under s. 46.21 or the board of trustees of a secured correctional facility governed under ss. 46.18, 46.19 and 46.20 may provide a juvenile boot camp program for children who are placed at the secured correctional facility. The program shall provide participants with a structured and disciplined environment, productive programs and work activities, training in the skills needed to earn a lawful living, personal development and other counseling and substance abuse treatment and education in preparation for release on aftercare supervision.

AB600, s. 59 Section 59. 48.587 of the statutes is created to read:

AB600,25,11 48.587 Notification by court of placement with county department; information for county department. (1) When the court places a child in a secured correctional facility under the supervision of a county department, the court shall immediately notify the county department of that action. The court shall, in accordance with procedures established by the county department, provide transportation for the child to a receiving center designated by the county department or deliver the child to personnel of the county department.

AB600,25,17 (2) When the court places a child in a secured correctional facility under the supervision of a county department, the court and all other public agencies shall also immediately transfer to the county department a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB600, s. 60 Section 60. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,26,8 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4m) or (4n) and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child or placement that is best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. The county department shall screen a child who is examined under this subsection to determine whether the child 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 child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

AB600, s. 61 Section 61. 48.591 of the statutes is created to read:

AB600,26,17 48.591 Children placed in a county secured correctional facility. The county department shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under the supervision of the county department under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB600, s. 62 Section 62. 48.593 of the statutes is created to read:

AB600,26,22 48.593 Notification by county department of release of child from correctional custody. (1) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the county department, a county department shall:

AB600,26,24 (a) Notify all of the following local agencies in the community in which the child will reside of the child's return to the community:

AB600,26,25 1. The law enforcement agencies.

AB600,27,1 2. The school district.

AB600,27,2 3. The county departments under ss. 51.42 and 51.437.

AB600,27,4 (b) Notify any known victim of an act for which the child has been found delinquent of the child's release, if all of the following apply:

AB600,27,6 1. The commission of the act by the child is an act which, if committed by an adult, would have been punishable as a crime against another person.

AB600,27,7 2. The victim can be found.

AB600,27,8 3. The victim has sent in a request card under sub. (2).

AB600,27,11 (c) Notify, if the criteria in par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian if the victim died as a result of the crime.

AB600,27,18 (2) A county department shall design and prepare cards for victims specified in sub. (1) (b) and (c) to send to the county department. The cards shall have space for these persons to provide their names and addresses and any other information that the county department determines is necessary. The county department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b) and (c). These persons may send completed cards to the county department.

AB600,27,21 (3) Timely release of a child shall not be prejudiced by the fact that the county department did not notify the victims or the local agencies under sub. (1) within the 15 days.

AB600, s. 63 Section 63. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,28,5 48.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a child who has been adjudged delinquent and placed under the supervision of a county department under s. 48.34 (4m) or (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 child or for the protection of the public that the county department retain supervision.

AB600, s. 64 Section 64. 48.78 (2) (d) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,28,13 48.78 (2) (d) (intro.) 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. 48.34 (4m) or formerly under the supervision of the department or county department under s. 48.34 (4m) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB600, s. 65 Section 65. 48.78 (3) of the statutes is amended to read:

AB600,29,3 48.78 (3) If a child 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, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions supervision, the department or a county department may release the child's name and any information about the child the department or county department determines to be necessary for the protection of the public or to secure the child's return to the facility or placement. The department shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public.

AB600, s. 66 Section 66. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,29,22 48.78 (3) If a child 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, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful offender supervision, the department of health and social services, the department of corrections or a county department may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child 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 child, or information about a child, who is a participant in the youthful offender program.

AB600, s. 67 Section 67. 59.031 (2) (bm) 1. f. of the statutes is created to read:

AB600,29,25 59.031 (2) (bm) 1. f. The superintendent of the county secured correctional facility, as defined in s. 48.02 (15m), under s. 46.21 (1m) (ar).

AB600, s. 68 Section 68. 63.03 (2) (y) of the statutes is amended to read:

AB600,30,5 63.03 (2) (y) Any position of general manager under s. 27.03 (2), director under s. 46.21 (1m) (a), superintendent under s. 46.21 (1m) (ar), department director under s. 59.035, director of personnel under s. 63.02 (2) or county highway commissioner under s. 83.01 (1).

AB600, s. 69 Section 69. 101.123 (1) (i) of the statutes is amended to read:

AB600,30,9 101.123 (1) (i) "State institution" means a prison, a state secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3).

AB600, s. 70 Section 70. 101.123 (4) (am) 1m. of the statutes is created to read:

AB600,30,16 101.123 (4) (am) 1m. The superintendent of a county secured correctional facility or his or her designee may designate areas where smoking is permitted in a county secured correctional facility, unless a fire marshall, law or resolution prohibits smoking in the area. The superintendent or his or her designee may designate an entire room as a smoking area in a county secured correctional facility administered by the superintendent's county.

AB600, s. 71 Section 71. 101.123 (4) (bm) of the statutes is amended to read:

AB600,31,2 101.123 (4) (bm) The person in charge of a state institution, county secured correctional facility, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.

AB600, s. 72 Section 72. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,31,14 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility. In this subsection, "school" and "school district" include any state or county juvenile correctional facility which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB600, s. 73 Section 73. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,32,2 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that legal custody of the pupil has been transferred to the department of corrections or that the pupil has been placed in a juvenile correctional facility. In this subsection, "school" and "school district" include any state or county juvenile correctional facility which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB600, s. 74 Section 74. 230.36 (1) of the statutes is amended to read:

AB600,33,9 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, university of Wisconsin system police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin veterans home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a state secured correctional facility, as defined in s. 48.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and university of Wisconsin hospital and clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB600, s. 75 Section 75. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB600,33,14 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the university of Wisconsin hospital and clinics or at a state penal or mental institution, including a state secured correctional facility, as defined in s. 48.02 (15m), and a state probation and parole officer, at all times while:

AB600, s. 76 Section 76. 301.36 (1) of the statutes is amended to read:

AB600,33,22 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions, all secured correctional facilities, as defined in s. 48.02 (15m), and all secure detention facilities , as defined in s. 48.02 (16), and familiarize itself with all of the circumstances affecting their management and usefulness. The department may take enforcement action as to a secured correctional facility, secure detention facility or the juvenile portion of a county jail only after consultation with the department of health and social services.

AB600, s. 77 Section 77. 301.37 (1) of the statutes is amended to read:

AB600,34,7 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.68 (7), rehabilitation facilities under s. 59.07 (76), lockup facilities as defined in s. 302.30, Huber facilities under s. 303.09 and, after consulting with the department of health and social services, secured correctional facilities, as defined in s. 48.02 (15m), and secure detention facilities, as defined in s. 48.02 (16), with respect to their adequacy and fitness for the needs which they are to serve.

AB600, s. 78 Section 78. 302.18 (7) of the statutes is amended to read:

AB600,34,15 302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections shall keep all prisoners a prisoner under 16 years of age in a secured juvenile correctional facilities facility, but the department of health and social services or a county department under s. 46.215, 46.22 or 46.23, whichever has supervision over the prisoner, with the concurrence of the department of corrections, may transfer them to the prisoner to an adult correctional institutions institution after they attain he or she attains 16 years of age.

AB600, s. 79 Section 79. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,35,8 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, and persons who have attained the age of 18 years but have not attained the age of 25 years who are under the supervision of the department of health and social services or a county department of human services or social services under s. 48.355 (4) 48.34 (4m) or (4n) or 48.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

AB600, s. 80 Section 80. 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.525 and amended to read:

AB600,35,18 48.525 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of children who have been placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m). The program may not include any children who have been placed in a secured correctional facility under the supervision of the department as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

AB600, s. 81 Section 81. 973.013 (3m) of the statutes is amended to read:

AB600,36,10 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department of corrections shall place the person at a secured juvenile correctional facility, unless the department of health and social services or the county operating the secured correctional facility, after consultation with the department of corrections, determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department of health and social services by rule. This subsection does not preclude the department of corrections from designating an adult correctional institution as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility under this subsection.

AB600, s. 82 Section 82. Effective dates. This act takes effect on July 1, 1995, or on the day after publication, whichever is later, except as follows:

AB600,36,16 (1) The repeal and recreation of sections 46.03 (6) (a), 46.26 (3) (d) and (4) (cm) 1., 48.02 (15m), 48.355 (4) (a), 48.50 (1), 48.51 (1) (intro.), 48.78 (3) and 118.125 (4) of the statutes takes effect on December 1, 1995, or on the day after publication, whichever is later.

AB600,36,17 (End)