AB176: Bill Text

AB176, s. 26 Section 26. 51.20 (11) (a) of the statutes is amended to read:

AB176,14,7 51.20 (11) (a) If before involuntary commitment a jury is demanded by the individual against whom a petition has been filed under sub. (1) or by the individual's counsel if the individual does not object, the court shall direct that a jury of 6 people be selected to determine if the allegations specified in sub. (1) (a), (ar) or (av) are true. A jury trial is deemed waived unless demanded at least 48 hours in advance of the time set for final hearing, if notice of that time has been previously provided to the subject individual or his or her counsel. If a jury trial demand is filed within 5 days of detention, the final hearing shall be held within 14 days of detention. If a jury trial demand is filed later than 5 days after detention, the final hearing shall be held within 14 days of the date of demand. If an inmate of a state prison, county jail or house of correction demands a jury trial within 5 days after the probable cause hearing, the final hearing shall be held within 28 days of the probable cause hearing. If an inmate of a state prison, county jail or house of correction demands a jury trial later than 5 days after the probable cause hearing, the final hearing shall be held within 28 days of the date of demand.

AB176, s. 27 Section 27. 51.20 (13) (a) 3. of the statutes is amended to read:

AB176,14,13 51.20 (13) (a) 3. If the individual is not an inmate of a state prison, county jail or house of correction and the allegations specified in sub. (1) (a) are proven, order commitment to the care and custody of the appropriate county department under s. 51.42 or 51.437, or if inpatient care is not required order commitment to outpatient treatment under care of such county department; or

AB176, s. 28 Section 28. 51.20 (13) (a) 4. of the statutes is amended to read:

AB176,14,19 51.20 (13) (a) 4. If the individual is an inmate of a state prison and the allegations under sub. (1) (a) or (ar) are proven, order commitment to the department and either authorize the transfer of the inmate to a state treatment facility or if inpatient care is not needed authorize treatment on an outpatient basis in the prison; or

AB176, s. 29 Section 29. 51.20 (19) (b) 1. of the statutes is amended to read:

AB176,14,22 51.20 (19) (b) 1. Establishing standards for the use of psychotropic drugs on prisoners in a state prison and inmates committed under sub. (1) (ar).

AB176, s. 30 Section 30. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

AB176,15,10 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, extended supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, extended supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility institution to such a treatment program and is then transferred back to the correctional facility institution. Every probationer, parolee or person on extended supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, extended supervision and parole agent. Release of records under this subdivision is limited to:

AB176, s. 31 Section 31. 51.30 (4) (b) 10. c. of the statutes is amended to read:

AB176,15,14 51.30 (4) (b) 10. c. When an individual is transferred from a treatment facility back to a correctional facility institution, the information provided under subd. 10. d.

AB176, s. 32 Section 32. 51.30 (4) (b) 10. d. of the statutes is amended to read:

AB176,15,24 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, extended supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility institution, disclosure shall be made to clinical staff only. In cases involving a person on probation, extended supervision or parole, disclosure shall be made to a probation, extended supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

AB176, s. 33 Section 33. 51.35 (3) (a) of the statutes is amended to read:

AB176,16,21 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility institution or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB176, s. 34 Section 34. 51.35 (3) (c) of the statutes is amended to read:

AB176,17,11 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility institution or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department, who has reason to believe that any individual confined in the facility or institution, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2. a., b., c. or d., is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the facility or institution, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the correctional facility institution or secured child caring institution is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB176, s. 35 Section 35. 51.35 (3) (c) of the statutes, as affected by 1995 Wisconsin Acts 292 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB176,17,24 51.35 (3) (c) A licensed psychologist of a juvenile correctional institution or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the institution, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the institution, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch. 48 of the county where the correctional institution is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB176, s. 36 Section 36. 51.35 (3) (e) of the statutes is amended to read:

AB176,18,20 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility institution or a secured child caring institution, as defined in s. 938.02 (15g), to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c. or d. to the individual or to others, is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending facility or institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the facility or institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility institution or secured child caring institution.

AB176, s. 37 Section 37. 51.35 (3) (e) of the statutes, as affected by 1995 Wisconsin Acts 292 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB176,19,14 51.35 (3) (e) The department may authorize emergency transfer of an individual from a juvenile correctional institution to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional institution.

AB176, s. 38 Section 38. 51.35 (3) (g) of the statutes is amended to read:

AB176,19,25 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility institution or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility institution or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.

AB176, s. 39 Section 39. 51.37 (5) (a) of the statutes is amended to read:

AB176,20,16 51.37 (5) (a) When a licensed physician or licensed psychologist of a state prison, of a county jail or of the department of corrections reports in writing to the officer in charge of a jail or institution that any prisoner is, in his or her opinion, mentally ill, drug dependent, or developmentally disabled and is appropriate for treatment as described in s. 51.20 (1), or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2.; or that the prisoner is mentally ill, drug dependent, developmentally disabled or is an alcoholic and is in need of psychiatric or psychological treatment, and that the prisoner voluntarily consents to a transfer for treatment, the officer shall make a written report to the department of corrections which may transfer the prisoner if a voluntary application is made and the department of health and family services consents. If voluntary application is not made, the department of corrections may file a petition for involuntary commitment under s. 51.20 (1) or 51.45 (13). Any time spent by a prisoner in an institution designated under sub. (3) or s. 51.37 (2), 1983 stats., shall be included as part of the individual's sentence.

AB176, s. 40 Section 40. 51.37 (8) (b) of the statutes is amended to read:

AB176,21,6 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

AB176, s. 41 Section 41. 51.37 (10) (e) of the statutes is amended to read:

AB176,21,11 51.37 (10) (e) The director of the facility in which the patient under par. (am) is detained or committed shall notify the appropriate correctional officers of the department of corrections of the intention to grant a home visit or leave under this subsection at least 20 days prior to the departure of the patient from the facility.

AB176, s. 42 Section 42. 51.37 (11) of the statutes is amended to read:

AB176,21,18 51.37 (11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation, extended supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.

AB176, s. 43 Section 43. 51.40 (1) (j) of the statutes is amended to read:

AB176,21,23 51.40 (1) (j) "State facility" means a state mental health institute, a center for the developmentally disabled, a prison as specified in s. 302.01 or a facility that is operated directly by the department of health and family services or the department of corrections.

AB176, s. 44 Section 44. 51.42 (3) (as) 1. of the statutes is amended to read:

AB176,22,25 51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.

AB176, s. 45 Section 45. 51.45 (15) (b) of the statutes is amended to read:

AB176,23,5 51.45 (15) (b) No provisions of this section may be deemed to contradict any rules or regulations governing the conduct of any inmate of a state or county correctional institution who is being treated in an alcoholic treatment program within the institution.

AB176, s. 46 Section 46. 51.61 (1) (intro.) of the statutes is amended to read:

AB176,23,22 51.61 (1) (intro.) In this section, "patient" means any individual who is receiving services for mental illness, developmental disabilities, alcoholism or drug dependency, including any individual who is admitted to a treatment facility in accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed under this chapter or ch. 48, 55, 971, 975 or 980, or who is transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those conditions through the department or a county department under s. 51.42 or 51.437 or in a private treatment facility. "Patient" does not include persons committed under ch. 975 who are transferred to or residing in any state a prison listed under s. 302.01. In private hospitals and in public general hospitals, "patient" includes any individual who is admitted for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse but does not include an individual who receives treatment in a hospital emergency room nor an individual who receives treatment on an outpatient basis at those hospitals, unless the individual is otherwise covered under this subsection. Except as provided in sub. (2), each patient shall:

AB176, s. 47 Section 47. 51.61 (1) (b) 3. of the statutes is amended to read:

AB176,24,3 51.61 (1) (b) 3. Payment to a patient performing labor under this section shall not be applied to costs of treatment without the informed, written consent of such patient. This paragraph does not apply to individuals serving a criminal sentence who are transferred from a state correctional institution prison under s. 51.37 (5) to a treatment facility.

AB176, s. 48 Section 48. 51.75 (9) (a) of the statutes is amended to read:

AB176,24,10 51.75 (9) (a) No provision of this compact except sub. (5) applies to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

AB176, s. 49 Section 49. 59.24 of the statutes is amended to read:

AB176,24,23 59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases where the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a juvenile in a secured correctional facility, as defined in s. 938.02 (15m).

AB176, s. 50 Section 50. 59.52 (16) (a) of the statutes is amended to read:

AB176,25,10 59.52 (16) (a) Institutions, state farms, airports. Appropriate each year to any municipality and school district in which a county farm, hospital, charitable or penal correctional institution or state hospital, charitable or penal correctional institution or state-owned lands used for agricultural purposes or county or municipally owned airport is located, an amount of money equal to the amount which would have been paid in municipal and school tax upon the lands without buildings, if those lands were privately owned. The valuation of the lands, without buildings, and computation of the tax shall be made by the board. In making the computation under this paragraph, lands on which a courthouse or jail are located and unimproved county lands shall not be included.

AB176, s. 51 Section 51. 59.53 (16) (a) of the statutes is amended to read:

AB176,26,2 59.53 (16) (a) In counties having a population of 30,000 or more the board may erect, establish and maintain isolation hospitals or places for the care and treatment of all persons afflicted with infectious, contagious and communicable diseases, requiring isolation and quarantine under the laws of the state, who are inmates of the charitable, penal, correctional and other institutions of said county or who are required to be cared for and treated at the expense of said county. The board may also provide for the care and treatment therein of all persons so afflicted, who are required to be cared for by the various municipalities in said counties, under such terms, conditions, rules and regulations, as to apportionment of cost of erection of such buildings and places and the expense of care and treatment of such persons afflicted, as may be agreed upon between the county board and the common council of such cities and the boards of such villages and towns, and each such council or board is hereby vested with power and authority to enter into such contracts and to appropriate such funds as may be necessary to carry into execution all contracts so made.

AB176, s. 52 Section 52. 66.04 (1) of the statutes is amended to read:

AB176,26,7 66.04 (1) Bonus to state institution. No appropriation or bonus of any kind, except for a donation, may be made by any town, village, or city, nor any municipal liability created nor tax levied, as a consideration or inducement to the state to locate any public educational, charitable, reformatory, or penal correctional institution.

AB176, s. 53 Section 53. 71.54 (2) (c) 2. of the statutes is amended to read:

AB176,26,17 71.54 (2) (c) 2. In addition to property taxes accrued or rent constituting property taxes accrued under subd. 1., if the claimant moves from a homestead owned by the claimant to housing that is exempt from taxation under ch. 70, other than housing for which payments in lieu of taxes are made under s. 66.40 (22) and other than a correctional institution or detention facility, a claim may be allowed based on property taxes accrued on that former homestead for the length of time, up to the first 12 months, that the claimant resides in the tax-exempt housing and owns the former homestead, if the claimant has attempted to sell the former homestead but has not rented it out or leased it out.

AB176, s. 54 Section 54. 71.64 (8) (c) of the statutes is amended to read:

AB176,26,22 71.64 (8) (c) The department of corrections is not required to withhold under sub. (1) from wages paid to an inmate working in a prison listed in s. 302.01, and if the inmate's wages do not exceed $2,000 per year the department of corrections is not required under s. 71.65 (3) to file reports relating to those wages.

AB176, s. 55 Section 55. 77.996 (2) (f) of the statutes is amended to read:

AB176,26,25 77.996 (2) (f) Facilities that are located at a prison or other penal correctional institution.

AB176, s. 56 Section 56. 84.27 of the statutes is amended to read:

AB176,27,14 84.27 Institution roads. The department may administer a program to improve highways forming convenient connections between the university of Wisconsin system and state charitable or penal correctional institutions, and the state trunk highway system, or to construct roadways under or over state trunk highways that pass through the grounds thereof, or to construct and maintain all drives and roadways on such grounds or the grounds of the state capitol. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority of the department, upon the request for such work filed by the board of regents of the university of Wisconsin system or the state boards, commissions, departments or officers, respectively, as to such work in connection with the institution controlled by them. The cost of any work under this section shall be the responsibility of the board of regents of the university of Wisconsin system or the state boards, commissions, departments or officers involved.

AB176, s. 57 Section 57. 101.12 (5) (a) 2. b. of the statutes is amended to read:

AB176,27,17 101.12 (5) (a) 2. b. As a jail, correctional facility institution or other secure facility for persons in detention;

AB176, s. 58 Section 58. 101.123 (1) (dm) of the statutes is amended to read:

AB176,27,22 101.123 (1) (dm) "Prison" means a prison described in s. 302.01, except it does not include the correctional institution under s. 301.046 (1), if the institution is the prisoner's place of residence and does not include, or a Type 2 prison, as defined in s. 301.01 (6).

AB176, s. 59 Section 59. 102.475 (8) (a) of the statutes is amended to read:

AB176,28,2 102.475 (8) (a) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are supervision and discipline of inmates at a penal correctional institution, prison, jail, house of correction or other place of penal detention.

AB176, s. 60 Section 60. 106.215 (8g) (b) of the statutes is amended to read:

AB176,28,9 106.215 (8g) (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state a prison, probationers, parolees or persons on extended supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

AB176, s. 61 Section 61. 108.02 (15) (g) 3. of the statutes is amended to read:

AB176,28,11 108.02 (15) (g) 3. By an inmate of a custodial or penal correctional institution.

AB176, s. 62 Section 62. 108.07 (8) (b) of the statutes is amended to read:

AB176,28,20 108.07 (8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01, and has employment with an employer other than the department of corrections or a private business leasing space within a state prison under s. 303.01 (2) (em), and the claimant's employment terminates because conditions of incarceration or supervision make it impossible to continue the employment, the department shall charge to the fund's balancing account any benefits based on the terminated employment that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18.

AB176, s. 63 Section 63. 115.31 (1) (b) of the statutes is amended to read:

AB176,29,4 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01 prison, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped, the Wisconsin school for the deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB176, s. 64 Section 64. 115.76 (10) of the statutes is amended to read:

AB176,29,12 115.76 (10) "Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if the child with a disability resides in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), or a private prison operating under a contract under s. 301.21 (3).

AB176, s. 65 Section 65. 115.762 (4) of the statutes is amended to read:

AB176,29,18 115.762 (4) Limitation. Nothing in this subchapter requires that special education and related services be provided to a child with a disability who is at least 18 years old but not yet 22 years old and who, in the child's educational placement before his or her incarceration in a state prison, was not identified as a child with a disability or for whom an individualized education program was not developed.

AB176, s. 66 Section 66. 115.787 (6) of the statutes is amended to read:

AB176,29,23 115.787 (6) Children with disabilities in state prisons. (a) 1. The requirements relating to participation of children with disabilities in general assessments under sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison.

AB176,30,3 2. The requirements relating to transition planning and transition services under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison and whose eligibility under this subchapter will end, because of his or her age, before he or she will be released from prison.

AB176,30,9 (b) If a child with a disability is convicted of a crime under state law and incarcerated in a state prison, the child's individualized education program team may modify the child's individualized education program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) if the department of corrections has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

AB176, s. 67 Section 67. 115.81 (1) (b) of the statutes is amended to read:

AB176,30,19 115.81 (1) (b) "Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution, except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), or a private prison operating under a contract under s. 301.21 (3) before the placement of the child in a child caring institution, "responsible local educational agency" means the school district in which the child caring institution is located.

AB176, s. 68 Section 68. 118.125 (4) of the statutes is amended to read:

AB176,31,8 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility institution or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility institution, secured child caring institution as defined in s. 938.02 (15g), adult correctional institution, mental health institute or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB176, s. 69 Section 69. 118.16 (4) (cm) 1. of the statutes is amended to read: