SB77-SSA1,1894,3
1895.056
(4) This section does not apply to any property that is permitted to be
2played, bet or wagered under chs.
561 562 to 569 or under state or federal laws
3relating to the conduct of gaming on Indian lands.
SB77-SSA1,1894,105
895.57
(3) Subsection (2) does not apply to any humane officer, local health
6officer, peace officer, employe of the department of natural resources while on any
7land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
8wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
9and consumer protection if the officer's or employe's acts are in good faith and in an
10apparently authorized and reasonable fulfillment of his or her duties.
SB77-SSA1,1894,1612
938.02
(2m) "Court", when used without further qualification, means the court
13assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
14reference to a juvenile who is subject to s. 938.183
(2), a court of criminal jurisdiction
15or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal
16court.
SB77-SSA1,1894,2218
938.02
(10) "Judge", if used without further qualification, means the judge of
19the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used
20with reference to a juvenile who is subject to s. 938.183
(2), the judge of the court of
21criminal jurisdiction or, when used with reference to a juvenile who is subject to s.
22938.17 (2), the judge of the municipal court.
SB77-SSA1,1895,1324
938.06
(1) (a) 1. In counties with a population of 500,000 or more, the county
25board of supervisors shall provide the court with the services necessary for
1investigating and supervising cases
under this chapter by operating a children's
2court center under the supervision of a director who is appointed as provided in s.
346.21 (1m) (a). The director is the chief administrative officer of the center and of the
4intake and probation sections and secure detention facilities of the center except as
5otherwise provided in this subsection. The director is charged with administration
6of the personnel and services of the sections and of the secure detention facilities, and
7is responsible for supervising both the operation of the physical plant and the
8maintenance and improvement of the buildings and grounds of the center. The
9center shall include investigative services for all juveniles alleged to be in need of
10protection or services to be provided by the county department
, and. The center shall
11also include the services of an assistant district attorney or assistant corporation
12counsel or both, who shall be assigned to the center to provide investigative as well
13as legal work in the cases
under this chapter and ch. 48.
SB77-SSA1,1895,2115
938.06
(1) (a) 2. The chief judge of the judicial administrative district shall
16formulate written judicial policy governing intake and court services for juvenile
17matters
under this chapter and the director shall be charged with executing the
18judicial policy. The chief judge shall direct and supervise the work of all personnel
19of the court, except the work of the district attorney or corporation counsel assigned
20to the court. The chief judge may delegate his or her supervisory functions under s.
21938.065 (1).
SB77-SSA1,1896,423
938.06
(1) (am) 1. All intake workers
beginning providing services under this
24chapter who begin employment after May 15, 1980, shall have the qualifications
25required to perform entry level social work in a county department and shall have
1successfully completed 30 hours of intake training approved or provided by the
2department prior to the completion of the first 6 months of employment in the
3position. The department shall monitor compliance with this subdivision according
4to rules promulgated by the department.
SB77-SSA1,1896,86
938.06
(1) (am) 2. The department shall make training programs available
7annually that permit intake workers
providing services under this chapter to satisfy
8the requirements specified under subd. 1.
SB77-SSA1,1896,2010
938.06
(2) (a) In counties having less than 500,000 population, the county
11board of supervisors shall authorize the county department or court or both to
12provide intake services required by s. 938.067 and the staff needed to carry out the
13objectives and provisions of this chapter under s. 938.069. Intake services
under this
14chapter shall be provided by employes of the court or county department and may
15not be subcontracted to other individuals or agencies, except as provided in par. (am).
16Intake workers shall be governed in their intake work, including their
17responsibilities for recommending the filing of a petition and entering into a deferred
18prosecution agreement, by general written policies which shall be formulated by the
19circuit judges for the county, subject to the approval of the chief judge of the judicial
20administrative district.
SB77-SSA1,1896,2522
938.06
(2) (am) 1. Notwithstanding par. (a), any county which had intake
23services
under this chapter subcontracted from the county sheriff's department on
24April 1, 1980, may continue to subcontract
those intake services from the county
25sheriff's department.
SB77-SSA1,1897,112
938.06
(2) (am) 2. Notwithstanding par. (a), any county in which the county
3sheriff's department operates a secure detention facility may subcontract intake
4services
under this chapter from the county sheriff's department as provided in this
5subdivision. If a county subcontracts intake services
under this chapter from the
6county sheriff's department, employes of the county sheriff's department who staff
7the secure detention facility may make secure custody determinations under s.
8938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s.
9938.208 made by an employe of the county sheriff's department shall be reviewed by
10an intake worker employed by the court or county department within 24 hours after
11that determination is made.
SB77-SSA1,1897,2313
938.06
(2) (b) 1. All intake workers
beginning providing services under this
14chapter who begin employment after May 15, 1980, excluding county sheriff's
15department employes who provide intake services under par. (am) 2., shall have the
16qualifications required to perform entry level social work in a county department.
17All intake workers
beginning providing services under this chapter who begin 18employment after May 15, 1980, including county sheriff's department employes
19who provide intake services under par. (am) 2., shall have successfully completed 30
20hours of intake training approved or provided by the department prior to the
21completion of the first 6 months of employment in the position. The department shall
22monitor compliance with this subdivision according to rules promulgated by the
23department.
SB77-SSA1,1898,3
1938.06
(2) (b) 2. The department shall make training programs available
2annually that permit intake workers
providing services under this chapter to satisfy
3the requirements specified under subd. 1.
SB77-SSA1,1898,85
938.183
(1m) (c) If the juvenile is convicted of a lesser offense and if any of the
6conditions specified in
s. 938.183 (2) (a) 1. or 2.
sub. (2) (a) or (b) applies, the court
7of criminal jurisdiction may impose a criminal penalty or a disposition specified in
8s. 938.34.
SB77-SSA1, s. 5242
9Section
5242. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).
SB77-SSA1, s. 5243
10Section
5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and
11amended to read:
SB77-SSA1,1898,1812
938.183
(3) When a juvenile who is subject to a criminal penalty under
par. (a) 13sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile
14in a state prison named in s. 302.01.
If a juvenile who is subject to a criminal penalty
15under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
16juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
17provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
18par. (a) sub. (1m) or (2) is eligible for parole under s. 304.06.
SB77-SSA1, s. 5244
19Section
5244. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and
20amended to read:
SB77-SSA1,1899,221
938.183
(4) If the juvenile is placed outside the juvenile's home under this
22subsection section, the order shall contain, a designation of the amount of support,
23if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the
24support obligation begins on the date of the placement, or a referral to the county
1designee child support agency under s.
59.07 (97) 59.53 (5) for establishment of child
2support.
SB77-SSA1,1899,114
938.22
(7) (a) No person may establish a shelter care facility without first
5obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate
6a shelter care facility, a person must meet the minimum requirements for a license
7established by the department of health and family services under s. 48.67 and pay
8the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter
9care facility is valid
for 2 years after the date of issuance, unless sooner revoked or
10suspended until revoked or suspended, but shall be reviewed every 2 years as
11provided in s. 48.66 (5).
SB77-SSA1,1899,2013
938.22
(7) (b) Before the department of health and family services may issue
14a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
15must pay to that department a biennial fee of
$50
$55, plus a biennial fee of
$15 16$16.50 per juvenile, based on the number of juveniles that the shelter care facility
17is licensed to serve. A shelter care facility that wishes to
renew continue a license
18issued under s. 48.66 (1) shall pay the fee under this paragraph by the
renewal 19continuation date of the license. A new shelter care facility shall pay the fee under
20this paragraph by no later than 30 days before the opening of the shelter care facility.
SB77-SSA1, s. 5252
21Section
5252. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act
22.... (this act), is repealed and recreated to read:
SB77-SSA1,1900,523
938.22
(7) (b) Before the department of health and family services may issue
24a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
25must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15
1per juvenile, based on the number of juveniles that the shelter care facility is licensed
2to serve. A shelter care facility that wishes to continue a license issued under s. 48.66
3(1) shall pay the fee under this paragraph by the continuation date of the license.
4A new shelter care facility shall pay the fee under this paragraph by no later than
530 days before the opening of the shelter care facility.
SB77-SSA1,1900,127
938.22
(7) (c) A shelter care facility that wishes to
renew continue a license
8issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the
renewal 9continuation date of the license or a new shelter care facility that fails to pay the fee
10under par. (b) by 30 days before the opening of the shelter care facility shall pay an
11additional fee of $5 per day for every day after the deadline that the facility fails to
12pay the fee.
SB77-SSA1,1900,1914
938.223
(1) The county board of supervisors of any county may contract with
15one or more counties in Minnesota that operate a secure detention facility for the use
16of one or more Minnesota secure detention facilities for the holding of juveniles who
17meet the criteria under s.
48.208, 938.17 (1), 938.183 (1m) (a) or 938.208
or who are
18subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s.
19938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).
SB77-SSA1,1901,2
21938.224 Contracts with department for secure detention facility
22services. (1) The county board of supervisors of any county may contract with the
23department for the use of a secured correctional facility operated by the department
24for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183
25(1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34
1(3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355
2(6d) or 938.534 (1).
SB77-SSA1,1901,3
3(2) A contract under sub. (1) shall require all of the following:
SB77-SSA1,1901,54
(a) That the county may use a secured correctional facility for holding a juvenile
5under sub. (1) only if any of the following criteria are met:
SB77-SSA1,1901,76
1. There is no county-operated secure detention facility approved by the
7department within 40 miles of the county seat of the county.
SB77-SSA1,1901,98
2. There is no bed space available in a county-operated secure detention facility
9approved by the department within 40 miles of the county seat of the county.
SB77-SSA1,1901,1310
(b) That the county may use a secured correctional facility for holding a juvenile
11under sub. (1) only if the department approves that use based on the availability of
12beds in the secured correctional facility and on the programming needs of the
13juvenile.
SB77-SSA1,1901,15
14(3) In addition to the requirements under sub. (2), a contract under sub. (1)
15shall include all of the following:
SB77-SSA1,1901,1916
(a) The per person daily rate to be paid by the county for holding a juvenile
17under sub. (1) and the charges to be paid by the county for any extraordinary medical
18and dental expenses and any programming provided for the juvenile by the
19department.
SB77-SSA1,1901,2220
(b) Any other matters that are necessary and appropriate concerning the
21obligations, responsibilities and rights of the contracting county and the
22department.
SB77-SSA1,1901,24
23(4) A juvenile held in custody under sub. (1) is under the supervision and
24control of the department and is subject to the rules and discipline of the department.
SB77-SSA1,1902,16
1938.30
(6) If a petition is not contested, the court shall set a date for the
2dispositional hearing which allows reasonable time for the parties to prepare but is
3no more than 10 days from the plea hearing for a juvenile who is held in secure
4custody and no more than 30 days from the plea hearing for a juvenile who is not held
5in secure custody. If it appears to the court that disposition of the case may include
6placement of the juvenile outside the juvenile's home, the court shall order the
7juvenile's parent to provide a statement of income, assets, debts and living expenses
8to the court or the designated agency under s. 938.33 (1) at least 5 days before the
9scheduled date of the dispositional hearing or as otherwise ordered by the court. The
10clerk of court shall provide, without charge, to any parent ordered to provide a
11statement of income, assets, debts and living expenses a document setting forth the
12percentage standard established by the department of
health and family services 13workforce development under s.
46.25
49.22 (9) and listing the factors that a court
14may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
15immediately with the dispositional hearing. If a citation is not contested, the court
16may proceed immediately to enter a dispositional order.
SB77-SSA1,1903,718
938.31
(7) At the close of the fact-finding hearing, the court shall set a date for
19the dispositional hearing which allows a reasonable time for the parties to prepare
20but is no more than 10 days after the fact-finding hearing for a juvenile in secure
21custody and no more than 30 days after the fact-finding hearing for a juvenile not
22held in secure custody. If it appears to the court that disposition of the case may
23include placement of the juvenile outside the juvenile's home, the court shall order
24the juvenile's parent to provide a statement of income, assets, debts and living
25expenses to the court or the designated agency under s. 938.33 (1) at least 5 days
1before the scheduled date of the dispositional hearing or as otherwise ordered by the
2court. The clerk of court shall provide, without charge, to any parent ordered to
3provide a statement of income, assets, debts and living expenses a document setting
4forth the percentage standard established by the department of
health and family
5services workforce development under s.
46.25 49.22 (9) and listing the factors that
6a court may consider under s. 46.10 (14) (c). If all parties consent, the court may
7immediately proceed with a dispositional hearing.
SB77-SSA1,1903,119
938.33
(3) (b) A recommendation for an amount of child support to be paid by
10either or both of the juvenile's parents or for referral to the county
designee child
11support agency under s.
59.07 (97) 59.53 (5) for the establishment of child support.
SB77-SSA1,1903,1513
938.33
(4) (b) A recommendation for an amount of child support to be paid by
14either or both of the juvenile's parents or for referral to the county
designee child
15support agency under s.
59.07 (97) 59.53 (5) for the establishment of child support.
SB77-SSA1,1903,1917
938.34
(8d) Delinquency victim and witness assistance surcharge. (a) In
18addition to any other disposition imposed under this section, the court shall impose
19a delinquency victim and witness assistance surcharge of $20.
SB77-SSA1,1903,2220
(b) The clerk of court shall collect and transmit the amount to the county
21treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
22the state treasurer under s. 59.25 (3) (f) 2.
SB77-SSA1,1904,223
(c) If a juvenile placed in a secured correctional facility or a secured child caring
24institution fails to pay the surcharge under par. (a), the department shall assess and
1collect the amount owed from the juvenile's wages or other moneys. Any amount
2collected shall be transmitted to the state treasurer.
SB77-SSA1,1904,153
(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate
4the surcharge and order other alternatives under this section, in accordance with the
5conditions specified in this chapter; or the court may suspend any license issued
6under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's
7operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more
8than 5 years. If the court suspends any license under this subsection, the clerk of the
9court shall immediately take possession of the suspended license and forward it to
10the department which issued the license, together with a notice of suspension clearly
11stating that the suspension is for failure to pay a surcharge imposed by the court.
12If the surcharge is paid during the period of suspension, the suspension shall be
13reduced to the time period which has already elapsed and the court shall
14immediately notify the department which shall then return the license to the
15juvenile.
SB77-SSA1,1904,1717
938.345
(1) (c) Order payment of a forfeiture
or surcharge.
SB77-SSA1,1904,2319
938.355
(2) (b) 4. If the juvenile is placed outside the juvenile's home, a
20designation of the amount of support, if any, to be paid by the juvenile's parent,
21guardian or trustee, specifying that the support obligation begins on the date of the
22placement, or a referral to the county
designee child support agency under s.
59.07
23(97) 59.53 (5) for establishment of child support.
SB77-SSA1,1905,16
1938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
2caring institution under s. 938.34 (4d) violates a condition of his or her placement in
3the Type 2 child caring institution, the child welfare agency operating the Type 2
4child caring institution shall notify the county department that has supervision over
5the juvenile and, if the county department agrees to a change in placement under this
6subdivision, the child welfare agency shall notify the department and the
7department, after consulting with the child welfare agency, may place the juvenile
8in a Type 1 secured correctional facility under the supervision of the department,
9without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
10in a Type 1 secured correctional facility under this subdivision, the county
11department that has supervision over the juvenile shall reimburse the child welfare
12agency operating the Type 2 child caring institution in which the juvenile was placed
13at the rate established under s. 46.037, and that child welfare agency shall reimburse
14the department at the rate specified in s. 301.26 (4) (d)
3m. 2., 3. or 4., whichever is
15applicable, for the cost of the juvenile's care while placed in a Type 1 secured
16correctional facility.
SB77-SSA1,1906,1118
938.357
(4) (d) The department may transfer a juvenile who is subject to an
19order under s. 48.366, 1993 stats., 938.183 or 938.34 (4h) and is placed in a Type 1
20secured correctional facility to the Racine youthful offender correctional facility
21named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile
22offender review in the department has determined that the conduct of the juvenile
23in the Type 1 secured correctional facility presents a serious problem to the juvenile
24or others. The factors that the office of juvenile offender review may consider in
25making that determination shall include, but are not limited to, whether and to what
1extent the juvenile's conduct in the Type 1 secured correctional facility is violent and
2disruptive, the security needs of the Type 1 secured correctional facility and whether
3and to what extent the juvenile is refusing to cooperate or participate in the
4treatment programs provided for the juvenile in the Type 1 secured correctional
5facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding
6the department's exercise of authority under this paragraph unless the department
7provides for a hearing by rule. A juvenile may seek review of a decision of the
8department under this paragraph only by the common law writ of certiorari. If the
9department transfers a juvenile under this paragraph, the department shall send
10written notice of the transfer to the parent, guardian, legal custodian and
11committing court.
SB77-SSA1,1906,1913
938.357
(4g) (b) The department may waive the time period within which an
14aftercare plan must be prepared and submitted under par. (a) if the department
15anticipates that the juvenile will remain in the secured correctional facility or
16secured child caring institution for a period exceeding 8 months or if the juvenile is
17subject to s. 48.366 or 938.183
(2). If the department waives that time period, the
18aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan
19within 30 days after the date on which the department requests the aftercare plan.
SB77-SSA1,1907,621
938.357
(5m) If a proposed change in placement changes a juvenile's placement
22from a placement in the juvenile's home to a placement outside the juvenile's home,
23the court shall order the juvenile's parent to provide a statement of income, assets,
24debts and living expenses to the court or the person or agency primarily responsible
25for implementing the dispositional order by a date specified by the court. The clerk
1of court shall provide, without charge, to any parent ordered to provide a statement
2of income, assets, debts and living expenses a document setting forth the percentage
3standard established by the department of
health and family services workforce
4development under s.
46.25 49.22 (9) and listing the factors that a court may consider
5under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court
6shall determine the liability of the parent in the manner provided in s. 46.10 (14).
SB77-SSA1,1907,198
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
9court otherwise designates an alternative placement for the juvenile by a disposition
10made under s. 938.183
(2), 938.34 or 938.345 or by a change in placement under s.
11938.357, the duty of the parent or guardian to provide support shall continue even
12though the legal custodian or the placement designee may provide the support. A
13copy of the order transferring custody or designating alternative placement for the
14juvenile shall be submitted to the agency or person receiving custody or placement
15and the agency or person may apply to the court for an order to compel the parent
16or guardian to provide the support. Support payments for residential services, when
17purchased or otherwise funded or provided by the department, or a county
18department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
19s. 46.10 (14).
SB77-SSA1,1908,521
938.36
(1) (b) In determining the amount of support under par. (a), the court
22may consider all relevant financial information or other information relevant to the
23parent's earning capacity, including information reported
under s. 49.22 (2m) to the
24department of
health and family services workforce development, or the county child
25and spousal support agency, under s.
46.25 (2m) 59.53 (5). If the court has
1insufficient information with which to determine the amount of support, the court
2shall order the juvenile's parent to furnish a statement of income, assets, debts and
3living expenses, if the parent has not already done so, to the court within 10 days
4after the court's order transferring custody or designating an alternative placement
5is entered or at such other time as ordered by the court.
SB77-SSA1,1908,127
938.365
(2g) (a) At the hearing the person or agency primarily responsible for
8providing services to the juvenile shall file with the court a written report stating to
9what extent the dispositional order has been meeting the objectives of the plan for
10the juvenile's rehabilitation or care and treatment. The
office of juvenile offender
11review
program may file a written report regarding any juvenile examined by the
12program.
SB77-SSA1,1909,214
938.48
(4) Provide appropriate care and training for juveniles under its
15supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including
16serving those juveniles in their own homes, placing them in licensed foster homes or
17licensed treatment foster homes in accordance with s. 48.63 or licensed group homes,
18contracting for their care by licensed child welfare agencies or replacing them in
19juvenile correctional institutions or secured child caring institutions in accordance
20with rules promulgated under ch. 227, except that the department may not purchase
21the educational component of private day treatment programs for juveniles in its
22custody unless the department, the school board as defined in s. 115.001 (7) and the
23secretary of education state superintendent of public instruction all determine that
24an appropriate public education program is not available. Disputes between the
1department and the school district shall be resolved by the
secretary of education 2state superintendent of public instruction.
SB77-SSA1,1909,104
938.48
(14) Pay maintenance, tuition and related expenses from the
5appropriation under s. 20.410 (3)
(am) and (ho) for persons who when they reached
617 years of age were students regularly attending a school, college or university or
7regularly attending a course of vocational or technical training designed to fit them
8for gainful employment, and who when reaching that age were under the supervision
9of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result
10of a judicial decision.