2005 Wisconsin Act 344

344,96 Section 96. 302.386 (1), (2) (intro.), (3) (a) and (5) (c) and (d) of the statutes are amended to read:

302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 or, in a secured juvenile correctional facility as defined in s. 938.02 (15m), or in a secured child caring institution, as defined in s. 938.02 (15g) residential care center for children and youth, or to forensic patients in state institutions for those services which that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

(2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a secured juvenile correctional facility as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) residential care center for children and youth, for which any of the following applies:

(3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured juvenile correctional facility, as defined in s. 938.02 (15m), who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.

(5) (c) Any participant in the corrective sanctions program under s. 938.533 unless he or she the participant is placed in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19).

(d) Any participant in the serious juvenile offender program under s. 938.538 unless he or she the participant is placed in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized under s. 301.046 (1).

Note: Deletes language in s. 302.386 (5) (d), stats., relating to the authority of DOC to place a juvenile who has been adjudicated delinquent in a state prison. See the Note to s. 938.357 (4) (d), stats., as affected by this bill.

344,97 Section 97. 938.01 (1) (title) and (2) (title) of the statutes are created to read:

938.01 (1) (title) Title.

(2) (title) Legislative intent.

344,98 Section 98. 938.01 (2) (f) of the statutes is amended to read:

938.01 (2) (f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the judge court to utilize the most effective dispositional option.

344,99 Section 99. 938.01 (2) (g) of the statutes is amended to read:

938.01 (2) (g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with the provisions of this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout such those proceedings.

344,100 Section 100. 938.02 (5) of the statutes is amended to read:

938.02 (5) "Developmentally disabled" means having a developmental disability, as defined in "Developmental disability" has the meaning given in s. 51.01 (5).

344,101 Section 101. 938.02 (7) of the statutes is amended to read:

938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

Note: Clarifies that the department referred to in s. 938.02 (7), stats., is the department of health and family services (DHFS), not DOC.

344,102 Section 102. 938.02 (15d) of the statutes is amended to read:

938.02 (15d) "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and, maintenance, and treatment of persons residing in that facility.

Note: Adds "treatment" to the list of services in the definition of "residential care center for children and youth" in s. 938.02 (15d), stats., since these centers provide treatment as well as "care and maintenance".

344,103 Section 103. 938.02 (15g) of the statutes is amended to read:

938.02 (15g) "Secured child caring institution residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

Note: Changes the term "secure child caring institution" to "secured" residential care center for children and youth" in s. 938.02 (15g), stats. The committee determined that "secured residential care center for children and youth" is a more appropriate term for these facilities.

344,104 Section 104. 938.02 (15m) of the statutes is renumbered 938.02 (10p) and amended to read:

938.02 (10p) "Secured Juvenile correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured Juvenile correctional facility" includes the Mendota juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

Note: Changes the term "secured correctional facility" to "juvenile correctional facility" in s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill. There does not appear to be any reason to use "secured correctional facility" instead of "juvenile correctional facility" in ch. 938, stats. "Juvenile correctional facility" is a more descriptive term for a facility that deals solely with juvenile offenders. "Secured correctional facility" does not indicate that the correctional facility is for juvenile offenders. The same comment applies to other facilities defined in this section, including "secure detention facility" in current s. 938.02 (16), stats., the "Type 1 secured correctional facility" in current s. 938.02 (19), stats., and "Type 2 secured correctional facility" in current s. 938.02 (20), stats. These definitions are also revised to use "juvenile" instead of "secure" or "secured".

344,105 Section 105. 938.02 (15p) of the statutes is repealed.

Note: Repeals the definition of "secured group home" in s. 938.02 (15p), stats. The committee determined that no secured group homes have been established since the concept was first recognized in the statutes and that the concept is unnecessary and unworkable.

344,106 Section 106. 938.02 (16) of the statutes is renumbered 938.02 (10r) and amended to read:

938.02 (10r) "Secure Juvenile detention facility" means a locked facility approved by the department under s. 301.36 for the secure, temporary holding in custody of juveniles.

Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill.

344,107 Section 107. 938.02 (19) of the statutes is amended to read:

938.02 (19) "Type 1 secured juvenile correctional facility" means a secured juvenile correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) (10p) solely because of its status under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill.

344,108 Section 108. 938.02 (19r) of the statutes is amended to read:

938.02 (19r) "Type 2 child caring institution residential care center for children and youth" means a residential care center for children and youth that is designated by the department to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

Note: See the Note to s. 938.02 (15g), stats., as affected by this bill.

344,109 Section 109. 938.02 (20) of the statutes is amended to read:

938.02 (20) "Type 2 secured juvenile correctional facility" means a secured juvenile correctional facility that meets the criteria under sub. (15m) (10p) solely because of its status under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill.

344,110 Section 110. 938.028 of the statutes is amended to read:

938.028 Custody of Indian children. The Indian child welfare act Child Welfare Act, 25 USC 1911 to 1963, supersedes the provisions of this chapter in any child custody proceeding governed by that act.

344,111 Section 111. 938.03 (title) of the statutes is amended to read:

938.03 (title) Time and place of court; absence or disability of judge; court of record.

344,112 Section 112. 938.03 (1) of the statutes is amended to read:

938.03 (1) Time and place of court. The judge court shall set apart a time and place to hold court on juvenile matters.

344,113 Section 113. 938.03 (2) of the statutes is amended to read:

938.03 (2) Absence or disability of judge. In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.

344,114 Section 114. 938.06 (1) (a) of the statutes is amended to read:

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 Except as otherwise provided in this subsection, the director is the chief administrative officer of the center and of the intake and probation sections and secure juvenile detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of responsible for managing the personnel of, and administering the services of, the sections and of the secure juvenile 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.

1m. The center under subd. 1. shall include investigative services, provided by the county department, for all juveniles alleged to be in need of protection or services to be provided by the county department. The center shall also include the and 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 and legal work in the cases under this chapter and ch. 48.

2. The chief judge of the judicial administrative district shall formulate establish written judicial policy policies governing intake and court services for juvenile matters under this chapter and the director of the center shall be charged with executing the judicial policy execute the policies. 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, and may delegate his or her supervisory functions.

3. The county board of supervisors shall develop establish policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report to, and is responsible to , the director of the county department for the execution of all nonjudicial operational relating to the center director's duty to execute the policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission preparing and submitting to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges court and clerk of circuit court. The county board of supervisors shall make provision in the organization of, in organizing the office of director, shall provide for the devolution of the director's authority in the case of temporary absence, illness, disability to act, or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate, and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority over, and may not assert jurisdiction over, the disposition of any case or juvenile after a written order is made under s. 938.21 or if a petition is filed under s. 938.25.

4. All personnel of the intake and probation sections and of the secure juvenile detention facilities shall be appointed under civil service by the director, except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph subdivision.

344,115 Section 115. 938.06 (1) (am) and (b) of the statutes are amended to read:

938.06 (1) (am) 1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social case 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.

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.

(b) Notwithstanding par. (a), the county board of supervisors may institute make changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 46.495.

Note: Replaces "social work" with "case work" in s. 938.06 (1) (am) 1., stats., relating to intake worker qualifications. The committee found that this provision is sometimes interpreted to mean that an intake worker must have a degree in social work and be licensed as a social worker, but that many staff who perform intake work are not social workers, but: (1) have degrees from 4 year accredited colleges in other human service related fields such as criminal justice, sociology, and psychology; and (2) are trained upon hire to perform in accordance with state law and practice standards.

344,116 Section 116. 938.06 (2) and (3) of the statutes are amended to read:

938.06 (2) Counties with a population under 500,000. (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or the court, or both, to provide intake services required by under s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter to provide dispositional services under s. 938.069. Intake services under this chapter shall be provided by employees of the court or the 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 requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

(am) 1. Notwithstanding par. (a), any A county which that 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.

2. Notwithstanding par. (a), any A county in which the county sheriff's department operates a secure juvenile 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 subdivision, employees of the county sheriff's department who staff the secure juvenile 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 employee of the county sheriff's department Such a determination shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination it is made.

(b) 1. All intake workers providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employees who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social case work in a county department. All intake workers providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employees 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.

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.

(3) Intake services. The court or county department responsible for providing intake services under s. 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker person, one of the workers persons shall be designated as chief worker and shall supervise the other workers persons.

Note: Changes, in the last sentence in s. 938.06 (2) (a), stats., "recommending" to "requesting" in order to conform with language in current ss. 938.067 (6) and 938.24 (3) and (5), stats.

In addition see the Note to s. 938.06 (1) (am) 1., stats., as affected by this bill. The same comments apply to s. 938.06 (2) (b) 1., stats., as affected by this bill.

344,117 Section 117. 938.06 (5) of the statutes is renumbered 938.06 (5) (a) (intro.) and amended to read:

938.06 (5) (a) (intro.) The county board of supervisors of any county may, by resolution, authorize the court to use do any of the following:

1. Use placement in a secure juvenile detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f), as a sanction under s. 938.355 (6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. or to use

2. Use commitment to a county department under s. 51.42 or 51.437 for special treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition under s. 938.34 (6) (am).

(b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted under this subsection par. (a).

344,118 Section 118. 938.067 (intro.) of the statutes is amended to read:

938.067 Powers and duties of intake workers. (intro.) To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall do all of the following:

344,119 Section 119. 938.067 (1) (title) of the statutes is created to read:

938.067 (1) (title) Screening.

344,120 Section 120. 938.067 (2) and (3) of the statutes are amended to read:

938.067 (2) Interviewing. Interview, unless impossible if possible, any juvenile who is taken into physical custody and not released, and where, if appropriate, interview other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile's parent or a responsible adult. No juvenile may be placed in a secure juvenile detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.

(3) Whether juvenile should be held . Determine whether the juvenile shall be held under s. 938.205 and such policies as the judge shall promulgate promulgated under s. 938.06 (1) or (2).

344,121 Section 121. 938.067 (4) (title) of the statutes is created to read:

938.067 (4) (title) Where juvenile should be held.

344,122 Section 122. 938.067 (5) of the statutes is amended to read:

938.067 (5) Crisis counseling. Provide any necessary crisis counseling during the intake process when such counseling appears to be necessary.

344,123 Section 123. 938.067 (6) (title), (6g) (title) and (6m) (title) of the statutes are created to read:

938.067 (6) (title) Request for petition; deferred prosecution.

(6g) (title) Victims' rights.