AB443, s. 92
24Section
92. 301.45 (1g) (b) and (bm), (3) (a) 2. and (5) (a) 2. of the statutes are
25amended to read:
AB443,52,4
1301.45
(1g) (b) Is in prison, a
secured juvenile correctional facility,
or a secured
2child caring institution or a secured group home
residential care center for children
3and youth or is on probation, extended supervision, parole, supervision
, or aftercare
4supervision on or after December 25, 1993, for a sex offense.
AB443,52,105
(bm) Is in prison, a
secured juvenile correctional facility,
or a secured
child
6caring institution or a secured group home residential care center for children and
7youth or is on probation, extended supervision, parole, supervision
, or aftercare
8supervision on or after December 25, 1993, for a violation, or for the solicitation,
9conspiracy
, or attempt to commit a violation, of a law of this state that is comparable
10to a sex offense.
AB443,52,15
11(3) (a) 2. If the person has been sentenced to prison or placed in a
secured 12juvenile correctional facility
,
or a secured
child caring institution or a secured group
13home residential care center for children and youth, he or she is subject to this
14subsection upon being released on parole, extended supervision
, or aftercare
15supervision.
AB443,52,20
16(5) (a) 2. If the person has been sentenced to prison for a sex offense or placed
17in a
secured juvenile correctional facility
, or a secured
child caring institution or a
18secured group home residential care center for children and youth for a sex offense,
1915 years after discharge from parole, extended supervision
, or aftercare supervision
20for the sex offense.
AB443, s. 93
21Section
93. 302.11 (10) of the statutes is amended to read:
AB443,52,2422
302.11
(10) An inmate subject to an order under s. 48.366
or 938.34 (4h) is not
23entitled to mandatory release and may be released or discharged only as provided
24under s. 48.366
or 938.538.
Note: Deletes in s. 302.11 (10), stats., the reference to s. 938.34 (4h), stats., to
reflect that this bill repeals the authority of the department of corrections (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.
AB443, s. 94
1Section
94. 302.18 (7) of the statutes is amended to read:
AB443,53,82
302.18
(7) Except as provided in s. 973.013 (3m), the department shall keep a
3person under 15 years of age who has been sentenced to the Wisconsin state prisons
4in a
secured juvenile correctional facility or a secured
child caring institution 5residential care center for children and youth, but the department may transfer that
6person to an adult correctional institution after the person attains 15 years of age.
7The department may not transfer any person under 18 years of age to the
8correctional institution authorized in s. 301.16 (1n).
AB443, s. 95
9Section
95. 302.255 of the statutes is amended to read:
AB443,53,13
10302.255 Interstate corrections compact; additional applicability. 11"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
12under s. 48.366 who are confined to a state prison under s. 302.01
and persons subject
13to an order under s. 938.34 (4h) who are 17 years of age or older.
Note: Deletes language in s. 302.255, 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.
AB443, s. 96
14Section
96. 302.386 (1), (2) (intro.), (3) (a) and (5) (c) and (d) of the statutes are
15amended to read:
AB443,54,516
302.386
(1) Except as provided in sub. (5), liability for medical and dental
17services furnished to residents housed in prisons identified in s. 302.01
or, in a
18secured juvenile correctional facility
as defined in s. 938.02 (15m), or in a secured
19child caring institution, as defined in s. 938.02 (15g) residential care center for
20children and youth, or to forensic patients in state institutions for those services
21which that are not provided by employees of the department shall be limited to the
1amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The
2department may waive any such limit if it determines that needed services cannot
3be obtained for the applicable amount. No provider of services may bill the resident
4or patient for the cost of services exceeding the amount of the liability under this
5subsection.
AB443,54,10
6(2) (intro.) The liability of the state for medical and dental services under sub.
7(1) does not extend to that part of the medical or dental services of a resident housed
8in a prison identified in s. 302.01, a
secured juvenile correctional facility
as defined
9in s. 938.02 (15m), or a secured
child caring institution, as defined in s. 938.02 (15g) 10residential care center for children and youth, for which any of the following applies:
AB443,54,16
11(3) (a) Except as provided in par. (b), the department may require a resident
12housed in a prison identified in s. 302.01 or in a
secured juvenile correctional facility
,
13as defined in s. 938.02 (15m), who receives medical or dental services to pay a
14deductible, coinsurance, copayment, or similar charge upon the medical or dental
15service that he or she receives. The department shall collect the allowable
16deductible, coinsurance, copayment, or similar charge.
AB443,54,19
17(5) (c) Any participant in the corrective sanctions program under s. 938.533
18unless
he or she the participant is placed in a Type 1
secured juvenile correctional
19facility, as defined in s. 938.02 (19).
AB443,54,2320
(d) Any participant in the serious juvenile offender program under s. 938.538
21unless
he or she the participant is placed in a Type 1
secured juvenile correctional
22facility, as defined in s. 938.02 (19)
, or in a Type 1 prison other than the institution
23authorized 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.
AB443, s. 97
1Section
97. 938.01 (1) (title) and (2) (title) of the statutes are created to read:
AB443,55,22
938.01
(1) (title)
Title.
AB443,55,3
3(2) (title)
Legislative intent.
AB443, s. 98
4Section
98. 938.01 (2) (f) of the statutes is amended to read:
AB443,55,85
938.01
(2) (f) To respond to a juvenile offender's needs for care and treatment,
6consistent with the prevention of delinquency, each juvenile's best interest and
7protection of the public, by allowing the
judge court to utilize the most effective
8dispositional option.
AB443, s. 99
9Section
99. 938.01 (2) (g) of the statutes is amended to read:
AB443,55,1410
938.01
(2) (g) To ensure that victims and witnesses of acts committed by
11juveniles that result in proceedings under this chapter are, consistent with
the
12provisions of this chapter and the Wisconsin constitution, afforded the same rights
13as victims and witnesses of crimes committed by adults, and are treated with dignity,
14respect, courtesy
, and sensitivity throughout
such those proceedings.
AB443, s. 100
15Section
100. 938.02 (5) of the statutes is amended to read:
AB443,55,1816
938.02
(5) "Developmentally disabled" means having a developmental
17disability, as defined in "Developmental disability" has the meaning given in s. 51.01
18(5).
AB443, s. 101
19Section
101. 938.02 (7) of the statutes is amended to read:
AB443,55,2220
938.02
(7) "Group home" means any facility operated by a person required to
21be licensed by the department
of health and family services under s. 48.625 for the
22care 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.
AB443, s. 102
23Section
102. 938.02 (15d) of the statutes is amended to read:
AB443,56,3
1938.02
(15d) "Residential care center for children and youth" means a facility
2operated by a child welfare agency licensed under s. 48.60 for the care
and, 3maintenance
, 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".
AB443, s. 103
4Section
103. 938.02 (15g) of the statutes is amended to read:
AB443,56,85
938.02
(15g) "Secured
child caring institution residential care center for
6children and youth" means a residential care center for children and youth operated
7by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure
8custody 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.
AB443, s. 104
9Section
104. 938.02 (15m) of the statutes is renumbered 938.02 (10p) and
10amended to read:
AB443,56,1611
938.02
(10p) "
Secured Juvenile correctional facility" means a correctional
12institution operated or contracted for by the department of corrections or operated
13by the department of health and family services for holding in secure custody persons
14adjudged delinquent. "
Secured Juvenile correctional facility" includes the Mendota
15juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533
16(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".
AB443, s. 105
1Section
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.
AB443, s. 106
2Section
106. 938.02 (16) of the statutes is renumbered 938.02 (10r) and
3amended to read:
AB443,57,64
938.02
(10r) "
Secure Juvenile detention facility" means a locked facility
5approved by the department under s. 301.36 for the secure, temporary holding in
6custody of juveniles.
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 107
7Section
107. 938.02 (19) of the statutes is amended to read:
AB443,57,118
938.02
(19) "Type 1
secured
juvenile correctional facility" means a
secured 9juvenile correctional facility, but excludes any correctional institution that meets the
10criteria under sub.
(15m) (10p) solely because of its status under s. 938.533 (3) (b),
11938.538 (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.
AB443, s. 108
12Section
108. 938.02 (19r) of the statutes is amended to read:
AB443,57,1713
938.02
(19r) "Type 2
child caring institution residential care center for
14children and youth" means a residential care center for children and youth that is
15designated by the department to provide care and maintenance for juveniles who
16have been placed in the residential care center for children and youth under the
17supervision of a county department under s. 938.34 (4d).
Note: See the Note to s. 938.02 (15g), stats., as affected by this bill.
AB443, s. 109
18Section
109. 938.02 (20) of the statutes is amended to read:
AB443,58,3
1938.02
(20) "Type 2
secured juvenile correctional facility" means a
secured 2juvenile correctional facility that meets the criteria under sub.
(15m) (10p) solely
3because 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.
AB443, s. 110
4Section
110. 938.028 of the statutes is amended to read:
AB443,58,7
5938.028 Custody of Indian children. The Indian
child welfare act Child
6Welfare Act,
25 USC 1911 to
1963, supersedes
the provisions of this chapter in any
7child custody proceeding governed by that act.
AB443, s. 111
8Section
111. 938.03 (title) of the statutes is amended to read:
AB443,58,10
9938.03 (title)
Time and place of court; absence or disability of judge;
10court of record.
AB443, s. 112
11Section
112. 938.03 (1) of the statutes is amended to read:
AB443,58,1312
938.03
(1) Time and place of court. The
judge court shall set apart a time and
13place to hold court on juvenile matters.
AB443, s. 113
14Section
113. 938.03 (2) of the statutes is amended to read:
AB443,58,1915
938.03
(2) Absence or disability of judge. In the case of the absence or
16disability of the judge of a court assigned to exercise jurisdiction under this chapter
17and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the
18judge's place. If the judge assigned temporarily is from a circuit other than the one
19for which elected, the judge shall receive expenses
as provided under s. 753.073.
AB443, s. 114
20Section
114. 938.06 (1) (a) of the statutes is amended to read:
AB443,59,9
21938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county
22board of supervisors shall provide the court with the services necessary for
23investigating and supervising cases under this chapter by operating a children's
1court center under the supervision of a director who is appointed as provided in s.
246.21 (1m) (a).
The Except as otherwise provided in this subsection, the director is
3the chief administrative officer of the center and of the intake and probation sections
4and
secure juvenile detention facilities of the center
except as otherwise provided in
5this subsection. The director is
charged with administration of responsible for
6managing the personnel
of, and
administering the services of
, the sections and
of the
7secure juvenile detention facilities, and
is responsible for supervising
both the 8operation of the physical plant and
the maintenance and improvement of the
9buildings and grounds of the center.
AB443,59,15
101m. The center
under subd. 1. shall include investigative services
, provided by
11the county department, for
all juveniles alleged to be in need of protection or services
12to be provided by the county department. The center shall also include the and the 13services of an assistant district attorney or assistant corporation counsel
, or both,
14who shall be assigned to the center to provide investigative
as well as and legal work
15in
the cases under this chapter and ch. 48.
AB443,59,2216
2. The chief judge of the judicial administrative district shall
formulate 17establish written judicial
policy
policies governing intake and court services for
18juvenile matters under this chapter and the director
of the center shall
be charged
19with executing the judicial policy execute the policies. The chief judge shall direct
20and supervise the work of all personnel of the court, except the work of the district
21attorney or corporation counsel assigned to the court
. The chief judge, and may
22delegate his or her supervisory functions.
AB443,60,1723
3. The county board of supervisors shall
develop
establish policies and
24establish necessary rules for the management and administration of the nonjudicial
25operations of the children's court center. The director of the center shall report
to,
1and is responsible to
, the director of the county department
for the execution of all
2nonjudicial operational relating to the center director's duty to execute the policies
3and rules governing the center, including activities of probation officers whenever
4they are not performing services for the court. The director of the center is
also 5responsible for
the preparation and submission preparing and submitting to the
6county board of supervisors of the annual budget for the center except for the judicial
7functions or responsibilities which are delegated by law to the
judge or judges court 8and clerk of circuit court. The county board of supervisors
shall make provision in
9the organization of, in organizing the office of director
, shall provide for the
10devolution of the director's authority in the case of temporary absence, illness,
11disability to act
, or a vacancy in position and shall establish the general
12qualifications for the position. The county board of supervisors
also has the authority
13to investigate, arbitrate
, and resolve any conflict in the administration of the center
14as between judicial and nonjudicial operational policy and rules. The county board
15of supervisors does not have authority
over, and may not assert jurisdiction over
, the
16disposition of any case or juvenile after a written order is made under s. 938.21 or
17if a petition is filed under s. 938.25.
AB443,60,22
184. All personnel of the intake and probation sections and of the
secure juvenile 19detention facilities shall be appointed under civil service by the director
, except that
20existing court service personnel having permanent civil service status may be
21reassigned to any of the
respective sections within the center specified in this
22paragraph subdivision.
AB443, s. 115
23Section
115. 938.06 (1) (am) and (b) of the statutes are amended to read:
AB443,61,524
938.06
(1) (am) 1. All intake workers providing services under this chapter who
25begin employment after May 15, 1980, shall have the qualifications required to
1perform entry level
social case work in a county department and shall have
2successfully completed 30 hours of intake training
, approved or provided by the
3department
, prior to the completion of the first 6 months of employment in the
4position. The department shall monitor compliance with this subdivision according
5to rules promulgated by the department.
AB443,61,86
2. The department shall make training programs available annually that
7permit intake workers providing services under this chapter to satisfy the
8requirements
specified under subd. 1.
AB443,61,129
(b) Notwithstanding par. (a), the county board of supervisors may
institute 10make changes in the administration of services to the children's court center in order
11to qualify for the maximum amount of federal and state aid as provided in sub. (4)
12and 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.
AB443, s. 116
13Section
116. 938.06 (2) and (3) of the statutes are amended to read:
AB443,62,414
938.06
(2) Counties with a population under 500,000. (a) In counties having
15less than 500,000 population, the county board of supervisors shall authorize the
16county department or
the court
, or both
, to provide intake services
required by under 17s. 938.067 and the staff needed
to carry out the objectives and provisions of this
18chapter to provide dispositional services under s. 938.069. Intake services
under this
19chapter shall be provided by employees of the court or
the county department and
20may not be subcontracted to other individuals or agencies, except as provided in par.
21(am). Intake workers shall be governed in their intake work, including their
1responsibilities for
recommending requesting the filing of a petition and entering
2into a deferred prosecution agreement, by general written policies
which shall be
3formulated established by the circuit judges for the county, subject to the approval
4of the chief judge of the judicial administrative district.
AB443,62,85
(am) 1.
Notwithstanding par. (a), any A county
which that had intake services
6under this chapter subcontracted from the county sheriff's department on
7April 1, 1980, may continue to subcontract those intake services from the county
8sheriff's department.
AB443,62,199
2.
Notwithstanding par. (a), any A county in which the county sheriff's
10department operates a
secure juvenile detention facility may subcontract intake
11services under this chapter from the county sheriff's department as provided in this
12subdivision. If a county subcontracts intake services under this
chapter from the
13county sheriff's department subdivision, employees of the county sheriff's
14department who staff the
secure juvenile detention facility may make secure custody
15determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m.
and any
16determination under s. 938.208 made by an employee of the county sheriff's
17department Such a determination shall be reviewed by an intake worker employed
18by the court or county department within 24 hours after
that determination it is
19made.
AB443,63,420
(b) 1. All intake workers providing services under this chapter who begin
21employment after May 15, 1980, excluding county sheriff's department employees
22who provide intake services under par. (am) 2., shall have the qualifications required
23to perform entry level
social case work in a county department. All intake workers
24providing services under this chapter who begin employment after May 15,
1980,
25including county sheriff's department employees who provide intake services under
1par. (am) 2., shall have successfully completed 30 hours of intake training approved
2or provided by the department prior to the completion of the first 6 months of
3employment in the position. The department shall monitor compliance with this
4subdivision according to rules promulgated by the department.
AB443,63,75
2. The department shall make training programs available annually that
6permit intake workers providing services under this chapter to satisfy the
7requirements
specified under subd. 1.
AB443,63,11
8(3) Intake services. The court or county department responsible for providing
9intake services under s. 938.067 shall specify one or more persons to provide intake
10services. If there is more than one
such worker
person, one of the
workers persons 11shall 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.
AB443, s. 117
12Section
117. 938.06 (5) of the statutes is renumbered 938.06 (5) (a) (intro.) and
13amended to read:
AB443,63,1514
938.06
(5) (a) (intro.) The county board of supervisors of any county may, by
15resolution, authorize the court to
use do any of the following:
AB443,63,19
161. Use placement in a
secure juvenile detention facility or juvenile portion of
17the county jail as a disposition under s. 938.34 (3) (f), as a sanction under s. 938.355
18(6m) (a) 1g.
, or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2.
19or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.
or to use
AB443,63,22
202. Use commitment to a county department under s. 51.42 or 51.437 for special
21treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition
22under s. 938.34 (6) (am).
AB443,64,4
1(b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a
2sanction under s. 938.355 (6m) (a) 1g.
, or short-term detention under s. 938.355 (6d)
3(a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted
4under
this subsection par. (a).
AB443, s. 118
5Section
118. 938.067 (intro.) of the statutes is amended to read: