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.
SB77-SSA1,1909,18
12938.53 Duration of control of department over delinquents. Except as
13provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
14been placed under the supervision of the department under s. 938.183, 938.34
(4h), 15(4m)
, (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department
16determines that there is a reasonable probability that it is no longer necessary either
17for the rehabilitation and treatment of the juvenile or for the protection of the public
18that the department retain supervision.
SB77-SSA1,1910,2120
938.533
(2) Corrective sanctions program. From the appropriation under s.
2120.410 (3) (hr), the department shall provide a corrective sanctions program to serve
22an average daily population of
105 106 juveniles in fiscal year 1997-98 and 136
23juveniles
in fiscal year 1998-99, or an average daily population of more than
105 106
24juveniles in fiscal year 1997-98 and 136 juveniles
in fiscal year 1998-99 if the
25appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
1the positions for the program are increased under s. 13.101 or 16.505 (2)
or if funding
2and positions to serve more than those average daily populations are otherwise
3available, in not less than 3 counties, including Milwaukee County. The
office of 4juvenile offender review
program in the department shall evaluate and select for
5participation in the program juveniles who have been placed under the supervision
6of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The
7department shall place a program participant in the community, provide intensive
8surveillance of that participant and provide an average of $5,000 per year per slot
9to purchase community-based treatment services for each participant. The
10department shall make the intensive surveillance required under this subsection
11available 24 hours a day, 7 days a week, and may purchase or provide electronic
12monitoring for the intensive surveillance of program participants. The department
13shall provide a report center in Milwaukee County to provide on-site programming
14after school and in the evening for juveniles from Milwaukee County who are placed
15in the corrective sanctions program. A contact worker providing services under the
16program shall have a case load of approximately 10 juveniles and, during the initial
17phase of placement in the community under the program of a juvenile who is
18assigned to that contact worker, shall have not less than one face-to-face contact per
19day with that juvenile. Case management services under the program shall be
20provided by a corrective sanctions agent who shall have a case load of approximately
2115 juveniles. The department shall promulgate rules to implement the program.
SB77-SSA1,1911,223
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
24correctional facility, a secured child caring institution or, if the participant is 17 years
1of age or over
or 15 years of age or over and transferred under s. 938.357 (4) (d), a
2Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
SB77-SSA1,1911,104
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
5committing an act that would be a Class A felony if committed by an adult, placement
6in a Type 1 secured correctional facility, a secured child caring institution or, if the
7participant is 17 years of age or over
or 15 years of age or over and transferred under
8s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant
9reaches 25 years of age, unless the participant is released sooner, subject to a
10mandatory minimum period of confinement of not less than one year.
SB77-SSA1,1911,1612
938.538
(5) (a) The
office of juvenile offender review
program in the division
13of juvenile corrections in the department may release a participant to aftercare
14supervision under s. 301.03 (10) (d) at any time after the participant has completed
152 years of participation in the serious juvenile offender program. Aftercare
16supervision of the participant shall be provided by the department.
SB77-SSA1,1911,2118
938.538
(5) (c) Sections 938.357 and 938.363 do not apply to changes of
19placement and revisions of orders for a juvenile who is a participant in the serious
20juvenile offender program
, except that s. 938.357 (4) (d) applies to the transfer of a
21participant to the Racine youthful offender correctional facility named in s. 302.01.
SB77-SSA1,1912,1023
938.57
(1) (c) Provide appropriate protection and services for juveniles in its
24care, including providing services for juveniles and their families in their own homes,
25placing the juveniles in licensed foster homes, licensed treatment foster homes or
1licensed group homes in this state or another state within a reasonable proximity to
2the agency with legal custody or contracting for services for them by licensed child
3welfare agencies or replacing them in juvenile correctional institutions or secured
4child caring institutions in accordance with rules promulgated under ch. 227, except
5that the county department may not purchase the educational component of private
6day treatment programs unless the county department, the school board as defined
7in s. 115.001 (7) and the
secretary of education
state superintendent of public
8instruction all determine that an appropriate public education program is not
9available. Disputes between the county department and the school district shall be
10resolved by the
secretary of education state superintendent of public instruction.
SB77-SSA1,1912,2212
938.57
(4) A county department may provide aftercare supervision under s.
1348.34 938.34 (4n) for juveniles who are released from secured correctional facilities
14or secured child caring institutions operated by the department. If a county
15department intends to change its policy regarding whether the county department
16or the department shall provide aftercare supervision for juveniles released from
17secured correctional facilities or secured child caring institutions operated by the
18department, the county executive or county administrator, or, if the county has no
19county executive or county administrator, the chairperson of the county board of
20supervisors, or, for multicounty departments, the chairpersons of the county boards
21of supervisors jointly, shall submit a letter to the department stating that intent
22before July 1 of the year preceding the year in which the policy change will take effect.
SB77-SSA1,1912,2524
943.13
(4m) (b) A hunter entering land that is required to be open for hunting
25under s. 29.59 (4m) or 29.598
(7m) (5).
SB77-SSA1,1913,62
943.38
(1) (intro.) Whoever with intent to defraud falsely makes or alters a
3writing or object of any of the following kinds so that it purports to have been made
4by another, or at another time, or with different provisions, or by authority of one who
5did not give such authority,
is guilty of a Class C felony may be penalized as provided
6in sub. (1m):
SB77-SSA1,1913,108
943.38
(1) (a) A writing or object whereby legal rights or obligations are
9created, terminated or transferred, or any writing commonly relied upon in business
10or commercial transactions as evidence of debt or property rights
; or.
SB77-SSA1,1913,1312
943.38
(1) (b) A public record or a certified or authenticated copy
thereof; or of
13a public record.
SB77-SSA1,1913,1615
943.38
(1) (c) An official authentication or certification of a copy of a public
16record
; or.
SB77-SSA1,1913,1818
943.38
(1m) Whoever violates sub. (1):
SB77-SSA1,1913,2019
(a) Is guilty of a Class A misdemeanor if the value or purported value,
20whichever is greater, of the writing or object does not exceed $1,000.
SB77-SSA1,1913,2221
(b) Is guilty of a Class C felony if the value or purported value, whichever is
22greater, of the writing or object exceeds $1,000.
SB77-SSA1,1914,424
943.38
(2) Whoever utters as genuine or possesses with intent to utter as false
25or as genuine any forged writing or object mentioned in sub. (1), knowing it to have
1been thus falsely made or altered, is guilty of a Class C felony
if the value or
2purported value, whichever is greater, of the writing or object exceeds $1,000 and a
3Class A misdemeanor if the value or purported value of the writing or object does not
4exceed $1,000.
SB77-SSA1,1914,136
943.75
(3) Subsection (2) does not apply to any humane officer, local health
7officer, peace officer, employe of the department of natural resources while on any
8land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
9wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
10and consumer protection if the officer's or employe's acts are in good faith and in an
11apparently authorized and reasonable fulfillment of his or her duties. This
12subsection does not limit any other person from claiming the defense of privilege
13under s. 939.45 (3).
SB77-SSA1, s. 5340
14Section
5340. 944.21 (8) (b) 3. a. of the statutes is amended to read:
SB77-SSA1,1914,1715
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the
department
16of education educational approval board under s.
38.51 39.51 or is a school described
17in s.
38.51 39.51 (9) (f), (g) or (h); and
SB77-SSA1,1914,2119
945.01
(5) (am) "Lottery" does not include bingo or a raffle conducted under ch.
20563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any
21multistate multijurisdictional lottery conducted under ch. 565.
SB77-SSA1, s. 5342
22Section
5342. 945.095 (1) (d), (f), (g) and (h) of the statutes are amended to
23read:
SB77-SSA1,1915,424
945.095
(1) (d) The person provides the
gaming board department of
25administration, prior to the importation of the gambling devices into the state, all
1records that account for the gambling devices, including the identification number
2affixed to each gambling device by the manufacturer, and that identify the location
3where the gambling devices will be stored prior to the installation of the gambling
4devices on the vessel.
SB77-SSA1,1915,95
(f) If the person removes used gambling devices from a vessel, the person shall
6provide the
gaming board department of administration with an inventory of the
7used gambling devices prior to their removal from the vessel. The inventory shall
8include the identification number affixed to each gambling device by the
9manufacturer.
SB77-SSA1,1915,1310
(g) The person submits documentation to the
gaming board department of
11administration, no later than 30 days after the date of delivery, that the vessel
12equipped with gambling devices has been delivered to the customer who ordered the
13work performed on the vessel.
SB77-SSA1,1915,1914
(h) The person does not sell a gambling device to any other person except to a
15customer who shall use or possess the gambling device outside of this state in a
16locality where the use or possession of the gambling device is lawful. If a person sells
17a gambling device to such a customer, the person shall submit documentation to the
18gaming board department of administration, no later than 30 days after the date of
19delivery, that the gambling device has been delivered to the customer.
SB77-SSA1, s. 5345
20Section
5345. 948.11 (4) (b) 3. a. of the statutes is amended to read:
SB77-SSA1,1915,2321
948.11
(4) (b) 3. a. Is a technical college, is a school approved by the
department
22of education educational approval board under s.
38.51 39.51 or is a school described
23in s.
38.51 39.51 (9) (f), (g) or (h); and