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
SB77-SSA1,1916,6
1961.38
(2) In emergency situations, as defined by rule of the pharmacy
2examining board, schedule II drugs may be dispensed upon oral
or electronic 3prescription of a practitioner, reduced promptly to writing and filed by the pharmacy.
4Prescriptions shall be retained in conformity with rules of the pharmacy examining
5board promulgated under s. 961.31. No prescription for a schedule II substance may
6be refilled.
SB77-SSA1,1916,148
961.38
(3) Except when dispensed directly by a practitioner, other than a
9pharmacy, to an ultimate user, a controlled substance included in schedule III or IV,
10which is a prescription drug, shall not be dispensed without a written
or, oral
or
11electronic prescription of a practitioner. The prescription shall not be filled or refilled
12except as designated on the prescription and in any case not more than 6 months
13after the date thereof, nor may it be refilled more than 5 times, unless renewed by
14the practitioner.
SB77-SSA1,1916,1816
961.38
(5) No practitioner shall prescribe, orally
, electronically or in writing,
17or take without a prescription a controlled substance included in schedule I, II, III
18or IV for the practitioner's own personal use.
SB77-SSA1,1916,2120
967.02
(2) "Department" means the department of corrections, except as
21provided in
ss. 973.135 (1) (a) and s. 975.001.
SB77-SSA1, s. 5445
22Section
5445. 973.046 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,1916,2523
973.046
(1) (intro.)
Beginning on August 12, 1993, if If a court imposes a
24sentence or places a person on probation under any of the following circumstances,
25the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
SB77-SSA1,1917,22
973.046
(1) (a) The person violated s. 940.225
, 943.10 or 948.02 (1) or (2).
SB77-SSA1,1918,34
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
5permission for the payment of the fine, of the penalty assessment imposed by s.
6165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
7assistance surcharge under s. 973.045,
the crime laboratories and drug law
8enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
9analysis surcharge under s. 973.046, any applicable drug abuse program
10improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse
11assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
12improvement surcharge imposed by s. 346.655,
any applicable enforcement
13assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed
14by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4),
15any applicable environmental assessment imposed by s. 299.93, any applicable wild
16animal protection assessment imposed by s. 29.9965, any applicable natural
17resources assessment imposed by s. 29.997 and any applicable natural resources
18restitution payment imposed by s. 29.998 to be made within a period not to exceed
19120 days. If no such permission is embodied in the sentence, the fine, the penalty
20assessment, the jail assessment, the crime victim and witness assistance surcharge,
21the crime laboratories and drug law enforcement assessment, any applicable
22deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
23improvement surcharge, any applicable domestic abuse assessment, any applicable
24driver improvement surcharge,
any applicable enforcement assessment, any
25applicable weapons assessment, any applicable uninsured employer assessment,
1any applicable environmental assessment, any applicable wild animal protection
2assessment, any applicable natural resources assessment and any applicable
3natural resources restitution payment shall be payable immediately.
SB77-SSA1,1919,105
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
6probation, the court may make the payment of the fine, the penalty assessment, the
7jail assessment, the crime victim and witness assistance surcharge,
the crime
8laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
9acid analysis surcharge, any applicable drug abuse program improvement
10surcharge, any applicable domestic abuse assessment, any applicable uninsured
11employer assessment, any applicable driver improvement surcharge,
any applicable
12enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment,
13any applicable environmental assessment, any applicable wild animal protection
14assessment, any applicable natural resources assessment and any applicable
15natural resources restitution payments a condition of probation. When the
16payments are made a condition of probation by the court, payments thereon shall be
17applied first to payment of the penalty assessment until paid in full, shall then be
18applied to the payment of the jail assessment until paid in full, shall then be applied
19to the payment of part A of the crime victim and witness assistance surcharge until
20paid in full, shall then be applied to part B of the crime victim and witness assistance
21surcharge until paid in full,
shall then be applied to the crime laboratories and drug
22law enforcement assessment until paid in full, shall then be applied to the
23deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to
24the drug abuse improvement surcharge until paid in full, shall then be applied to
25payment of the driver improvement surcharge until paid in full, shall then be applied
1to payment of the domestic abuse assessment until paid in full, shall then be applied
2to payment of the natural resources assessment if applicable until paid in full, shall
3then be applied to payment of the natural resources restitution payment until paid
4in full, shall then be applied to the payment of the environmental assessment if
5applicable until paid in full, shall then be applied to the payment of the wild animal
6protection assessment if applicable until paid in full, shall then be applied to
7payment of the weapons assessment until paid in full, shall then be applied to
8payment of the uninsured employer assessment until paid in full
, shall then be
9applied to payment of the enforcement assessment under s. 253.06 (4) (c), if
10applicable, until paid in full and shall then be applied to payment of the fine.
SB77-SSA1,1920,212
973.05
(5) (a) Upon entry of the assignment under sub. (4) (b), unless the court
13finds that income withholding is likely to cause the defendant irreparable harm, the
14court shall provide notice of the assignment by regular mail to the last-known
15address of the person from whom the defendant receives or will receive money. If the
16clerk does not receive the money from the person notified, the court shall provide
17notice of the assignment to any other person from whom the defendant receives or
18will receive money. Notice under this paragraph may be a notice of the court, a copy
19of the executed assignment or a copy of that part of the court order directing payment.
20If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall
21send the notice of that order to the administrator of the lottery division of the
gaming
22commission department of revenue, including a statement of the amount owed under
23the judgment and the name and address of the person owing the judgment. The court
24shall notify the administrator of the lottery division of the
gaming commission
1department of revenue when the judgment that is the basis of the assignment has
2been paid in full.
SB77-SSA1,1920,64
973.055
(3) All moneys collected from domestic abuse assessments shall be
5deposited by the state treasurer in s. 20.435
(1)
(3) (hh) and utilized in accordance
6with s. 46.95.
SB77-SSA1,1921,4
8973.07 Failure to pay fine or costs or to comply with certain
9community service work. If the fine, costs, penalty assessment, jail assessment,
10crime victim and witness assistance surcharge,
crime laboratories and drug law
11enforcement assessment, applicable deoxyribonucleic acid analysis surcharge,
12applicable drug abuse program improvement surcharge, applicable domestic abuse
13assessment, applicable driver improvement surcharge,
applicable enforcement
14assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable
15uninsured employer assessment, applicable environmental assessment, applicable
16wild animal protection assessment, applicable natural resources assessment and
17applicable natural resources restitution payments are not paid or community service
18work under s. 943.017 (3) is not completed as required by the sentence, the defendant
19may be committed to the county jail until the fine, costs, penalty assessment, jail
20assessment, crime victim and witness assistance surcharge,
crime laboratories and
21drug law enforcement assessment, applicable deoxyribonucleic acid analysis
22surcharge, applicable drug abuse program improvement surcharge, applicable
23domestic abuse assessment, applicable driver improvement surcharge,
applicable
24enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment,
25applicable uninsured employer assessment, applicable environmental assessment,
1applicable wild animal protection assessment, applicable natural resources
2assessment or applicable natural resources restitution payments are paid or
3discharged, or the community service work under s. 943.017 (3) is completed, for a
4period fixed by the court not to exceed 6 months.
SB77-SSA1,1921,206
973.09
(3) (b) The department shall notify the sentencing court, any person to
7whom unpaid restitution is owed and the district attorney of the status of the ordered
8restitution payments unpaid at least 90 days before the probation expiration date.
9If payment as ordered has not been made, the court shall hold a probation review
10hearing prior to the expiration date, unless the hearing is voluntarily waived by the
11probationer with the knowledge that waiver may result in an extension of the
12probation period or in a revocation of probation. If the court does not extend
13probation, it shall issue a judgment for the unpaid restitution and direct the clerk
14of circuit court to file and enter the judgment in the judgment and lien docket,
15without fee, unless it finds that the victim has already recovered a judgment against
16the probationer for the damages covered by the restitution order. If the court issues
17a judgment for the unpaid restitution, the court shall send to the person at his or her
18last-known address written notification that a civil judgment has been issued for the
19unpaid restitution. The judgment has the same force and effect as judgments
20entered under s. 806.10.
SB77-SSA1,1921,2522
973.09
(3) (bm) 1. At least 90 days before the expiration date of a probationer's
23period of probation, the department may notify the sentencing court and the district
24attorney that a probationer owes unpaid fees to the department under s. 304.073 or
25304.074.
SB77-SSA1,1922,7
12. Upon receiving notice from the department under subd. 1., the court shall
2schedule a probation review hearing to be held before the expiration date of the
3period of probation unless the probationer either pays the fees before the scheduled
4hearing date or voluntarily waives the hearing. A waiver of a probation review
5hearing under this subdivision shall include an acknowledgement by the probationer
6that waiver may result in an extension of the probation period, a modification of the
7terms and conditions of probation or a revocation of probation.
SB77-SSA1,1922,138
3. At a probation review hearing under subd. 2., the department has the burden
9of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the
10amount of the unpaid fees. If the department proves by a preponderance of the
11evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court
12may, by order, extend the period of probation for a stated period, modify the terms
13and conditions of probation or revoke the probationer's probation.
SB77-SSA1,1922,2014
4. If the court does not extend, revoke or modify the terms of probation under
15subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit
16court to file and enter the judgment in the judgment and lien docket, without fee.
17If the court issues a judgment for the unpaid fees, the court shall send to the
18department a written notification that a civil judgment has been issued for the
19unpaid fees. The judgment has the same force and effect as judgments entered under
20s. 806.10.
SB77-SSA1, s. 5455
21Section
5455. 973.09 (3) (c) 1. and 2. of the statutes are amended to read:
SB77-SSA1,1922,2322
973.09
(3) (c) 1. The probationer has not made a good faith effort to discharge
23court-ordered payment obligations
or to pay fees owed under s. 304.073 or 304.074.
SB77-SSA1,1923,224
2. The probationer is not presently able to make required
restitution payments
25and the probationer and the person to whom restitution is owed consent to the
1performance of community service work under sub. (7m) in satisfaction of restitution
2ordered for that person, for which an extended period of probation is required.
SB77-SSA1,1923,5
4973.135 (title)
Courts to report convictions to the department of
5education state superintendent of public instruction.
SB77-SSA1, s. 5459
7Section
5459. 973.135 (1) (am) of the statutes is renumbered 973.135 (1) (a).
SB77-SSA1,1923,109
973.135
(1) (b) "State superintendent" means the state superintendent of
10public instruction.
SB77-SSA1,1923,1712
973.135
(2) If a court determines that a person convicted of a crime specified
13in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
14term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
15(3m) or a crime in which the victim was a child, is employed by an educational agency,
16the clerk of the court in which such conviction occurred shall promptly forward to the
17department state superintendent the record of conviction.
SB77-SSA1,1923,2119
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
20clerk of the court shall promptly forward to the
department state superintendent a
21certificate stating that the conviction has been reversed, set aside or vacated.