Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.
35,560
Section 560
. 938.36 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and family services
workforce development, or the county child and spousal support agency, under s. 46.25 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.
35,561
Section 561
. 938.363 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Act 275, is amended to read:
938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child juvenile.
Note: Replaces “child" with “juvenile" for consistency of references within ch. 938. Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.
35,562
Section 562
. 938.363 (1m) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:
938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child juvenile to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.
Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.
35,563
Section 563
. 938.365 (1m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.365 (1m) The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under s. 938.355. The request shall be submitted to the court which entered the order. No order under s. 938.355 that placed a child juvenile in detention, nonsecure custody or inpatient treatment under s. 938.34 (3) (f) or (6) (am) may be extended. No other order under s. 938.355 may be extended except as provided in this section.
Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.
35,564
Section 564
. The treatment of 938.371 of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 352. All treatments stand.
Note: There is no conflict of substance.
35,565
Section 565
. 938.38 (4) (bm) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:
938.38 (4) (bm) The availability of a placement with a relative of the child juvenile and, if a decision is made not to place the child juvenile with an available relative, why placement with the relative is not appropriate.
Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.
35,566
Section
566. 938.38 (5) (c) 6. am. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:
938.38 (5) (c) 6. am. Being placed in the home of a relative of the child juvenile.
Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.
35,567
Section 567
. 938.396 (1t) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:
938.396 (1t) If a juvenile who has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the victim's insurer may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.
Note: Deletes unnecessary word.
35,568
Section 568
. 938.396 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.396 (4) When a court revokes, suspends or restricts a juvenile's operating privilege under this chapter, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor juvenile whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.
Note: Replaces word for internal consistency and for consistency with the terminology used in ch. 938.
35,569
Section 569
. 938.45 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.45 (3) If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.
Note: Adds “years of age" for clarity and consistency with current style.
35,570
Section 570
. 938.533 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 juveniles, or an average daily population of more that than 105 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.
Note: Inserts correct word.
35,571
Section 571
. 938.533 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.533 (3) (b) The department shall operate the corrective sanctions program as a Type 2 secured correctional facility. The secretary 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. 46.03 (1) 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 the investigations permitted under s. 46.22 (1) (c) 1. b.
Note: Corrects cross-reference. Section 46.03 (1) governs institutions operated by the department of health and family services. Section 301.02 governs institutions operated by the department of corrections.
35,572
Section 572
. 938.538 (6m) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.538 (6m) (b) In the selection of classified service employes for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), 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 children 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.
Note: Replaces “children" with “juveniles" for consistency of references within ch. 938.
35,573
Section 573
. 938.57 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
938.57 (4) A county department may provide aftercare supervision under s. 48.34 938.34 (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.
Note: 1995 Wis. Act 77 repealed s. 48.34 (4n) and created s. 938.34 (4n) which is substantively identical to the former s. 48.34 (4n).
35,574
Section 574
. 938.993 (2) of the statutes, as affected by 1995 Wisconsin Act 77, section 393, is amended to read:
938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.
Note: Inserts missing word.
35,575
Section 575
. 939.51 (3) (a) of the statutes is amended to read:
939.51 (3) (a) For a Class A misdemeanor, a fine of not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
Note: Deletes word for consistency with the remainder of the section.
35,576
Section 576
. 940.20 (1m) (a) of the statutes, as created by 1995 Wisconsin Act 343, is amended to read:
940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 813.12 (9) (a) 806.247 (3) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.
NOTE: Section 813.12 (9) (a) does not exist. 1995 Wis. Act 343 created this provision without taking into account the repeal and recreation of s. 813.12 (9) by 1995 Wis. Act 306. The filing of tribal injunctions is now under s. 806.247 (3) as created by Act 306.
35,577
Section 577
. 943.017 (4) of the statutes, as created by 1995 Wisconsin Act 24, is amended to read:
943.017 (4) If more than one item of property is marked, drawn or written upon or etched into under a single intent and design, the markings, drawings or writings on or etchings into all of the property may be prosecuted as a single forfeiture crime.
Note: 1995 Wis. Act 24 mistakenly included the word “forfeiture". There is no provision for forfeitures under s. 943.017. Also adds “of" to correct grammar.
35,578
Section 578
. The amendment of 946.13 (2) (g) of the statutes by 1995 Wisconsin Act 225 is not repealed by 1995 Wisconsin Act 227. Both amendments stand.
Note: There is no conflict of substance.
35,579
Section 579
. 946.42 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
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 juvenile into custody under s. 938.19.
Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.
35,580
Section 580
. The amendments of 946.82 (4) of the statutes by 1995 Wisconsin Acts 249 and 336 are not repealed by 1995 Wisconsin Act 448. All amendments stand.
Note: There is no conflict of substance.
35,581
Section 581
. 948.22 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:
948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of health and family services workforce development under s. 46.25 49.22 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).
Note: Inserts correct cross-reference and department name. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.
35,582
Section 582
. The amendment of 949.03 (1) (b) of the statutes by 1995 Wisconsin Act 374 is not repealed by 1995 Wisconsin Act 456. Both amendments stand.
Note: There is no conflict of substance.
35,583
Section 583
. 950.02 (1m) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
950.02 (1m) “Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child juvenile, would constitute a delinquent act under ch. 938.
Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.
35,584
Section
584. The treatment of 961.48 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 402, section 2, is not repealed by 1995 Wisconsin Act 448, section 288. Both treatments stand.
Note: There is no conflict of substance. This provision is renumbered to s. 961.48 (2) by 1995 Wis. Act 448.
35,585
Section 585
. 968.255 (1) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
968.255 (1) (a) 3. Taken into custody under s. 938.19 and there are reasonable grounds to believe the child juvenile has committed an act which if committed by an adult would be covered under subd. 1. or 2.
Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.
35,586
Section 586
. 968.50 of the statutes, as affected by 1996 Supreme Court Order 96-08, section 35, is renumbered 968.505.
Note: Supreme Court Order 96-08 renumbered both ss. 756.17 and 756.18 to be s. 968.50.
35,587
Section 587
. 970.032 (title) and (1) of the statutes, as affected by 1995 Wisconsin Act 77, are amended to read:
970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction. (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable. If the court does not make that finding, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.
Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.
35,588
Section 588
. 970.032 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable.
Note: Replaces “child" and “children" with “juvenile" and “juveniles", respectively, for consistency of references with language of ch. 938.
35,589
Section 589
. 970.035 of the statutes, as affected by 1995 Wisconsin Act 448, section 502, is amended to read:
970.035 (title) Preliminary examination; child juvenile younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or, 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.
Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.
35,590
Section 590
. 971.17 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Acts 425 and 448, is amended to read:
971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b) and
, 940.25 (1b) and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is life, the commitment period specified by the court may be life, subject to termination under sub. (5).
Note: Reconciles the treatment of this provision by 1995 Wis. Acts 425 and 448.
35,591
Section 591
. The amendment of 971.37 (1m) (a) 2. of the statutes by 1995 Wisconsin Act 343 is not repealed by 1995 Wisconsin Act 353. Both amendments stand.