SB77: Bill Text

SB77,1940,11 895.46 (9) (a) Subject to par. (b), the protection afforded by this section applies to a student enrolled in a public or private institution of higher education and under the direct supervision of a health care provider, as defined in s. 146.81 (1), who provides health care services to prisoners incarcerated in a state prison described under s. 302.01 pursuant to a contract between a state agency, as defined in s. 20.001 (1), and a public or private institution of higher education.

SB77,1940,19 (b) Failure by the student to give notice to the secretary of health and family services of an action or special proceeding commenced against the student as soon as reasonably possible is a bar to recovery by the student from the state of reasonable attorney fees and costs of defending the action. The attorney fees and costs shall not be recoverable if the state offers the student legal counsel and the offer is refused by the student. If the student refuses to cooperate in the defense of the litigation, the student is not eligible for any indemnification or for the provision of legal counsel by the state under this section.

SB77, s. 5226 Section 5226. 895.48 (title) of the statutes is amended to read:

SB77,1940,23 895.48 (title) Civil liability exemption; emergency care, health care at athletic events and health care, hazardous substances and information concerning paternity.

SB77, s. 5227 Section 5227. 895.48 (3) of the statutes is created to read:

SB77,1941,9 895.48 (3) Any member of the staff of a hospital who is designated by the hospital and trained by the department of industry, labor and job development under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of industry, labor and job development and oral information about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that written and oral information.

SB77, s. 5228 Section 5228. 938.02 (2m) of the statutes is amended to read:

SB77,1941,15 938.02 (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.

SB77, s. 5229 Section 5229. 938.02 (10) of the statutes is amended to read:

SB77,1941,21 938.02 (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.

SB77, s. 5230 Section 5230. 938.02 (13) of the statutes is amended to read:

SB77,1942,3 938.02 (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding adjudicated or acknowledged to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

SB77, s. 5231 Section 5231. 938.02 (14m) of the statutes is amended to read:

SB77,1942,7 938.02 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. 46.73 (6) (d) 2. b. to intervene in the abuse of alcohol and other drugs by pupils.

SB77, s. 5232 Section 5232. 938.06 (1) (a) 1. of the statutes is amended to read:

SB77,1942,23 938.06 (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 under this chapter 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.

SB77, s. 5233 Section 5233. 938.06 (1) (a) 2. of the statutes is amended to read:

SB77,1943,7 938.06 (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).

SB77, s. 5234 Section 5234. 938.06 (1) (am) 1. of the statutes is amended to read:

SB77,1943,15 938.06 (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.

SB77, s. 5235 Section 5235. 938.06 (1) (am) 2. of the statutes is amended to read:

SB77,1943,19 938.06 (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.

SB77, s. 5236 Section 5236. 938.06 (2) (a) of the statutes is amended to read:

SB77,1944,6 938.06 (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.

SB77, s. 5237 Section 5237. 938.06 (2) (am) 1. of the statutes is amended to read:

SB77,1944,11 938.06 (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.

SB77, s. 5238 Section 5238. 938.06 (2) (am) 2. of the statutes is amended to read:

SB77,1944,22 938.06 (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.

SB77, s. 5239 Section 5239. 938.06 (2) (b) 1. of the statutes is amended to read:

SB77,1945,9 938.06 (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.

SB77, s. 5240 Section 5240. 938.06 (2) (b) 2. of the statutes is amended to read:

SB77,1945,13 938.06 (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.

SB77, s. 5241 Section 5241. 938.183 (1m) (c) of the statutes is amended to read:

SB77,1945,18 938.183 (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.

SB77, s. 5242 Section 5242. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).

SB77, s. 5243 Section 5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and amended to read:

SB77,1946,4 938.183 (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) for an act committed before July 1, 1998, is eligible for parole under s. 304.06.

SB77, s. 5244 Section 5244. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and amended to read:

SB77,1946,12 938.183 (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.

SB77, s. 5245 Section 5245. 938.22 (title) of the statutes is amended to read:

SB77,1946,15 938.22 (title) Establishment of secure detention facilities, child caring institutions and shelter care facilities.

SB77, s. 5246 Section 5246. 938.22 (1) (a) of the statutes is amended to read:

SB77,1946,21 938.22 (1) (a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both of any county, or the county boards of supervisors for 2 or more counties may jointly, may establish a secure detention facility, a child caring institution or a shelter care facility or both any combination of those facilities or institutions in accordance with ss. 46.16, 46.20 and 301.36.

SB77, s. 5247 Section 5247. 938.22 (1) (b) of the statutes is amended to read:

SB77,1947,4 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the secure detention facility, child caring institution or shelter care facility shall be determined by the county board of supervisors or, in the case of a secure detention facility, child caring institution 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).

SB77, s. 5248 Section 5248. 938.22 (2) (a) of the statutes is amended to read:

SB77,1947,15 938.22 (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 child caring institution or shelter care facility to the department of health and family services. The applicable department shall review the submitted plans. The counties 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.

SB77, s. 5249 Section 5249. 938.22 (3) (a) of the statutes is amended to read:

SB77,1947,25 938.22 (3) (a) In counties having a population of less than 500,000, public secure detention facilities, public child caring institutions and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secure detention facilities, public child caring institutions or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention facilities, child caring institutions or shelter care facilities, subject to par. (am) and to civil service regulations in counties having civil service.

SB77, s. 5250 Section 5250. 938.22 (7) (a) of the statutes is amended to read:

SB77,1948,9 938.22 (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 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).

SB77, s. 5251 Section 5251. 938.22 (7) (b) of the statutes is amended to read:

SB77,1948,18 938.22 (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.

SB77, 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:

SB77,1949,3 938.22 (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.

SB77, s. 5253 Section 5253. 938.22 (7) (c) of the statutes is amended to read:

SB77,1949,10 938.22 (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.

SB77, s. 5254 Section 5254. 938.223 (1) of the statutes is amended to read:

SB77,1949,17 938.223 (1) The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure detention facility for the use of one or more Minnesota secure detention facilities 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).

SB77, s. 5255 Section 5255. 938.224 of the statutes is created to read:

SB77,1949,25 938.224 Contracts with department for secure detention facility services. (1) The county board of supervisors of any county may contract with the department for the use of a secured correctional facility operated by the department 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).

SB77,1950,1 (2) A contract under sub. (1) shall require all of the following:

SB77,1950,3 (a) That the county may use a secured correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:

SB77,1950,5 1. There is no county-operated secure detention facility approved by the department within 75 miles of the county seat of the county.

SB77,1950,7 2. There is no bed space available in a county-operated secure detention facility approved by the department within 75 miles of the county seat of the county.

SB77,1950,11 (b) That the county may use a secured correctional facility for holding a juvenile under sub. (1) only if the department approves that use based on the availability of beds in the secured correctional facility and on the programming needs of the juvenile.

SB77,1950,13 (3) In addition to the requirements under sub. (2), a contract under sub. (1) shall include all of the following:

SB77,1950,17 (a) The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department.

SB77,1950,20 (b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting county and the department.

SB77,1950,22 (4) A juvenile held in custody under sub. (1) is under the supervision and control of the department and is subject to the rules and discipline of the department.

SB77, s. 5256 Section 5256. 938.296 (6) of the statutes is amended to read:

SB77,1951,3 938.296 (6) The court may order the county to pay for the cost of a test or series of tests ordered under sub. (4). This subsection does not prevent recovery of reasonable contribution toward the cost of that test or series of tests from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 301.03 (18).

SB77, s. 5257 Section 5257. 938.30 (6) of the statutes is amended to read:

SB77,1951,20 938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

SB77, s. 5258 Section 5258. 938.31 (7) of the statutes is amended to read:

SB77,1952,11 938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

SB77, s. 5259 Section 5259. 938.33 (3) (b) of the statutes is amended to read:

SB77,1952,15 938.33 (3) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for the establishment of child support.

SB77, s. 5260 Section 5260. 938.33 (4) (b) of the statutes is amended to read:

SB77,1952,19 938.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for the establishment of child support.

SB77, s. 5261 Section 5261. 938.33 (4m) (intro.) of the statutes is amended to read:

SB77,1953,2 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 46.10 301.12 (14) (c) for deviation from the percentage standard. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

SB77, s. 5262 Section 5262. 938.33 (4m) (b) of the statutes is amended to read:

SB77,1953,5 938.33 (4m) (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 46.10 301.12 (14) (c).

SB77, s. 5263 Section 5263. 938.34 (8d) of the statutes is created to read:

SB77,1953,9 938.34 (8d) Delinquency victim and witness assistance surcharge. (a) In addition to any other disposition imposed under this section, the court shall impose a delinquency victim and witness assistance surcharge of $20.

SB77,1953,12 (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

SB77,1953,16 (c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

SB77,1954,4 (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a surcharge imposed by the court. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.