AB100: Bill Text Engrossed

AB100-engrossed, s. 5212g Section 5212g. 885.237 (title) of the statutes is amended to read:

AB100-engrossed,2218,18 885.237 (title) Presumption Presumptions as to operation and registration of motor vehicle.

AB100-engrossed, s. 5212j Section 5212j. 885.237 of the statutes is renumbered 885.237 (1).

AB100-engrossed, s. 5212k Section 5212k. 885.237 (2) of the statutes is created to read:

AB100-engrossed,2219,2 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle.

AB100-engrossed, s. 5213 Section 5213. 887.23 (1) of the statutes is amended to read:

AB100-engrossed,2219,17 887.23 (1) Who may require. The department of health and social services, the department of corrections, the department of education state superintendent of public instruction or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

AB100-engrossed, s. 5217g Section 5217g. 893.40 of the statutes is amended to read:

AB100-engrossed,2219,22 893.40 Action on judgment or decree; court of record. An Except as provided in s. 846.04 (2) and (3), action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.

AB100-engrossed, s. 5219 Section 5219. 893.80 (8) of the statutes is amended to read:

AB100-engrossed,2219,25 893.80 (8) This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-engrossed, s. 5220 Section 5220. 895.035 (2m) (b) of the statutes is amended to read:

AB100-engrossed,2220,15 895.035 (2m) (b) If a child fails to pay a forfeiture or surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the child will not pay the forfeiture or surcharge as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or surcharge unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or surcharge is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB100-engrossed, s. 5221 Section 5221. 895.035 (2m) (bm) 1. of the statutes is amended to read:

AB100-engrossed,2221,5 895.035 (2m) (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or , forfeiture or surcharge unpaid, but not as to the amount of the restitution or , forfeiture or surcharge originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or, forfeiture or surcharge and the ability of the child or the parent to pay the restitution or, forfeiture or surcharge. In considering the ability of the child or the parent to pay the restitution or, forfeiture or surcharge, the court may consider the assets, as well as the income, of the child or the parent and may consider the future ability of the child or parent to pay the restitution or, forfeiture or surcharge within the time specified in s. 893.40.

AB100-engrossed, s. 5222 Section 5222. 895.035 (2m) (c) of the statutes is amended to read:

AB100-engrossed,2221,23 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or, forfeiture or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

AB100-engrossed, s. 5223 Section 5223. 895.055 (3) of the statutes is amended to read:

AB100-engrossed,2222,4 895.055 (3) This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under chs. 561 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

AB100-engrossed, s. 5224 Section 5224. 895.056 (4) of the statutes is amended to read:

AB100-engrossed,2222,8 895.056 (4) This section does not apply to any property that is permitted to be played, bet or wagered under chs. 561 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

AB100-engrossed, s. 5225m Section 5225m. 895.483 (1) of the statutes is amended to read:

AB100-engrossed,2222,15 895.483 (1) A regional emergency response team, a member of such a team, and a local agency, as defined in s. 166.22 (1) (c), that contracts with the state emergency response board division of emergency management in the department of military affairs for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.215 (1).

AB100-engrossed, s. 5227g Section 5227g. 895.57 (3) of the statutes is amended to read:

AB100-engrossed,2222,22 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

AB100-engrossed, s. 5228 Section 5228. 938.02 (2m) of the statutes is amended to read:

AB100-engrossed,2223,3 938.02 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal court.

AB100-engrossed, s. 5229 Section 5229. 938.02 (10) of the statutes is amended to read:

AB100-engrossed,2223,9 938.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), the judge of the municipal court.

AB100-engrossed, s. 5232 Section 5232. 938.06 (1) (a) 1. of the statutes is amended to read:

AB100-engrossed,2223,25 938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department, and. The center shall also include the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases under this chapter and ch. 48.

AB100-engrossed, s. 5233 Section 5233. 938.06 (1) (a) 2. of the statutes is amended to read:

AB100-engrossed,2224,8 938.06 (1) (a) 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

AB100-engrossed, s. 5234 Section 5234. 938.06 (1) (am) 1. of the statutes is amended to read:

AB100-engrossed,2224,16 938.06 (1) (am) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-engrossed, s. 5235 Section 5235. 938.06 (1) (am) 2. of the statutes is amended to read:

AB100-engrossed,2224,20 938.06 (1) (am) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

AB100-engrossed, s. 5236 Section 5236. 938.06 (2) (a) of the statutes is amended to read:

AB100-engrossed,2225,7 938.06 (2) (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services under this chapter shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB100-engrossed, s. 5237 Section 5237. 938.06 (2) (am) 1. of the statutes is amended to read:

AB100-engrossed,2225,12 938.06 (2) (am) 1. Notwithstanding par. (a), any county which had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.

AB100-engrossed, s. 5238 Section 5238. 938.06 (2) (am) 2. of the statutes is amended to read:

AB100-engrossed,2225,23 938.06 (2) (am) 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services under this chapter from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services under this chapter from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB100-engrossed, s. 5239 Section 5239. 938.06 (2) (b) 1. of the statutes is amended to read:

AB100-engrossed,2226,11 938.06 (2) (b) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-engrossed, s. 5240 Section 5240. 938.06 (2) (b) 2. of the statutes is amended to read:

AB100-engrossed,2226,15 938.06 (2) (b) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

AB100-engrossed, s. 5241 Section 5241. 938.183 (1m) (c) of the statutes is amended to read:

AB100-engrossed,2226,20 938.183 (1m) (c) If the juvenile is convicted of a lesser offense and if any of the conditions specified in s. 938.183 (2) (a) 1. or 2. sub. (2) (a) or (b) applies, the court of criminal jurisdiction may impose a criminal penalty or a disposition specified in s. 938.34.

AB100-engrossed, s. 5242 Section 5242. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).

AB100-engrossed, s. 5243 Section 5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and amended to read:

AB100-engrossed,2227,5 938.183 (3) When a juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) is eligible for parole under s. 304.06.

AB100-engrossed, s. 5244 Section 5244. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and amended to read:

AB100-engrossed,2227,13 938.183 (4) If the juvenile is placed outside the juvenile's home under this subsection section, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for establishment of child support.

AB100-engrossed, s. 5246d Section 5246d. 938.22 (1) (a) of the statutes is amended to read:

AB100-engrossed,2227,21 938.22 (1) (a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

AB100-engrossed, s. 5247d Section 5247d. 938.22 (1) (b) of the statutes is amended to read:

AB100-engrossed,2228,4 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the a public secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

AB100-engrossed, s. 5247g Section 5247g. 938.22 (1) (c) of the statutes is amended to read:

AB100-engrossed,2228,10 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of the a public secure detention facility and the detention section of the juvenile delinquency children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

AB100-engrossed, s. 5247i Section 5247i. 938.22 (1) (d) of the statutes is created to read:

AB100-engrossed,2228,15 938.22 (1) (d) The nonjudicial operational policies of a private secure detention facility shall be established by the private entity operating the secure detention facility. Those policies shall be executed by the superintendent appointed under sub. (3) (bm).

AB100-engrossed, s. 5248d Section 5248d. 938.22 (2) (a) of the statutes is amended to read:

AB100-engrossed,2229,3 938.22 (2) (a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. The counties A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.

AB100-engrossed, s. 5249d Section 5249d. 938.22 (3) (bm) of the statutes is created to read:

AB100-engrossed,2229,7 938.22 (3) (bm) A private secure detention facility shall be in the charge of a superintendent appointed by the private entity operating the secure detention facility.

AB100-engrossed, s. 5249g Section 5249g. 938.22 (3) (c) of the statutes is amended to read:

AB100-engrossed,2229,11 938.22 (3) (c) All superintendents appointed under par. (a) or, (b) or (bm) after May 1, 1992, shall, within one year after that appointment, successfully complete an administrative training program approved or provided by the department of justice.

AB100-engrossed, s. 5249m Section 5249m. 938.22 (5) of the statutes is amended to read:

AB100-engrossed,2229,16 938.22 (5) A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated secure detention facilities, shelter care facilities or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.

AB100-engrossed, s. 5250 Section 5250. 938.22 (7) (a) of the statutes is amended to read:

AB100-engrossed,2229,25 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100-engrossed, s. 5250b Section 5250b. 938.22 (7) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,2230,9 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100-engrossed, s. 5251 Section 5251. 938.22 (7) (b) of the statutes is amended to read:

AB100-engrossed,2230,18 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $50 $55, plus a biennial fee of $15 $16.50 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew continue a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the renewal continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB100-engrossed, s. 5252 Section 5252. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,2231,3 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB100-engrossed, s. 5253 Section 5253. 938.22 (7) (c) of the statutes is amended to read:

AB100-engrossed,2231,10 938.22 (7) (c) A shelter care facility that wishes to renew continue a license issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal continuation date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

AB100-engrossed, s. 5253m Section 5253m. 938.222 of the statutes is created to read:

AB100-engrossed,2231,18 938.222 Contracts with private entities for secure detention facility services. (1) The county board of supervisors of any county may contract with a private entity that operates a secure detention facility for the use of the secure detention facility for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

AB100-engrossed,2231,19 (2) (a) A contract under sub. (1) shall require all of the following:

AB100-engrossed,2231,23 1. That the private secure detention facility meet or exceed the minimum requirements for the approval and operation of a secure detention facility established by the department by rules promulgated under s. 938.22 (2) (a) and that the private secure detention facility be approved by the department under s. 301.36.

AB100-engrossed,2232,3 2. That the private secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a public secure detention facility.

AB100-engrossed,2232,5 (b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

AB100-engrossed,2232,9 1. The rates to be paid by the county for holding a juvenile in the private secure detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure detention facility.

AB100-engrossed,2232,11 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure detention facility.

AB100-engrossed,2232,13 3. An agreement that the private secure detention facility is subject to investigation and inspection by the department under s. 301.36.