AB443: Bill Text

AB443,291,3 (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or, contracting for services for them by licensed child welfare agencies, or replacing them in secured juvenile correctional facilities, or secured child caring institutions or secured group homes residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB443,291,10 (cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing , or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department it by the court assigned to exercise jurisdiction under this chapter and ch. 48.

AB443,291,12 (d) Provide for the moral and religious training of juveniles in its care according to the religious belief beliefs of the juvenile or of his or her parents.

AB443,291,16 (2) Assistance from private individuals and organizations. In performing the functions specified in under sub. (1), the county department may avail itself of the cooperation accept the assistance of any an individual or private agency or organization interested in the social welfare of juveniles in the county.

AB443, s. 615 Section 615. 938.57 (3) (title) of the statutes is created to read:

AB443,291,18 938.57 (3) (title) Continuing maintenance for juveniles over 17.

AB443, s. 616 Section 616. 938.57 (4) of the statutes is amended to read:

AB443,292,7 938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from secured juvenile correctional facilities, or secured child caring institutions or secured group homes residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured juvenile correctional facilities, or secured child caring institutions or secured group homes, residential care centers for children and youth the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB443, s. 617 Section 617. 938.59 (1) of the statutes is amended to read:

AB443,292,21 938.59 (1) Investigation and examination. The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (4d) or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

AB443, s. 618 Section 618. 938.59 (2) (title) of the statutes is created to read:

AB443,292,23 938.59 (2) (title) Report to the department.

AB443, s. 619 Section 619. 938.78 (1) (title) and (2) (title) of the statutes are created to read:

AB443,292,25 938.78 (1) (title) Definition.

AB443,293,1 (2) (title) Confidentiality; exceptions.

AB443, s. 620 Section 620. 938.78 (2) (a), (ag) and (am) of the statutes are amended to read:

AB443,293,6 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.

AB443,293,13 (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over older, to the parent, guardian, legal custodian, or juvenile, unless the agency finds that inspection of the record by the juvenile, parent, guardian, or legal custodian would result in imminent danger to anyone.

AB443,293,21 (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over older, to the person named in the permission if the parent, guardian, legal custodian, or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.

Note: Clarifies that, with specified exceptions, s. 938.78 (2) (a), stats., applies to the contents of any record kept or information received about an individual who is or was (i.e., currently or in the past) in the agency's care or legal custody.

AB443, s. 621 Section 621. 938.78 (2) (b) 1. and (3) of the statutes are amended to read:

AB443,294,12 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB443,295,8 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a secured juvenile correctional facility, residential care center for children and youth, secured group home, inpatient facility, as defined in s. 51.01 (10), secure juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a secured juvenile correctional facility, residential care center for children and youth, secured group home, inpatient facility, secure juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB443, s. 622 Section 622. 938.795 (1) to (4) of the statutes are amended to read:

AB443,295,13 938.795 (1) Collect statistics and information. Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department relating to delinquency and crime.

AB443,295,17 (2) Assist communities. Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating the a total community program relating to delinquency and crime, including the improvement of law enforcement.

AB443,295,20 (3) Assist schools. Assist schools in extending their particular contribution in locating identifying and helping juveniles vulnerable to delinquency and crime and in improving their school services to for all youth.

AB443,295,22 (4) Enlighten public opinion. Develop and maintain an enlightened public opinion in support of a any program to control delinquency and crime.

AB443, s. 623 Section 623. 938.992 (3) of the statutes is amended to read:

AB443,296,2 938.992 (3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

Note: Deletes reference in s. 938.992 (3), stats., to placement of a juvenile who has been adjudicated delinquent in a state prison. See the Note to s. 938.357 (4) (d), stats., as repealed by this bill.

AB443, s. 624 Section 624. 940.225 (5) (ab) of the statutes is amended to read:

AB443,296,7 940.225 (5) (ab) "Correctional institution" means a jail or correctional facility, as defined in s. 961.01 (12m), a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secure juvenile detention facility, as defined in s. 938.02 (16) (10r).

AB443, s. 625 Section 625. 946.42 (1) (a) of the statutes is amended to read:

AB443,297,3 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure juvenile detention facility, as defined in s. 938.02 (16) (10r), a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB443, s. 626 Section 626. 946.44 (2) (c) and (d) of the statutes are amended to read:

AB443,297,9 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r).

AB443,297,15 (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h), who is placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth under s. 938.183, 938.34 (4m), or 938.357 (4) or (5) (e), who is placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d), or who is subject to an order under s. 48.366.

AB443, s. 627 Section 627. 946.45 (2) (c) and (d) of the statutes are amended to read:

AB443,297,21 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r).

AB443,298,2 (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h), who is placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e), who is placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d), or who is subject to an order under s. 48.366.

AB443, s. 628 Section 628. 948.50 (4) (b) of the statutes is amended to read:

AB443,298,6 948.50 (4) (b) Is placed in or transferred to a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g).

AB443, s. 629 Section 629. 968.255 (7) (b) of the statutes is amended to read:

AB443,298,11 968.255 (7) (b) Is placed in or transferred to a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).

AB443, s. 630 Section 630. 970.032 (1) of the statutes is amended to read:

AB443,298,20 970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine whether there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c) or (2), whichever is applicable. If the court does not make that finding, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.

AB443, s. 631 Section 631. 973.013 (3m) of the statutes is amended to read:

AB443,299,15 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department shall place the person at a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth under this subsection.

AB443, s. 632 Section 632. 976.08 of the statutes is amended to read:

AB443,299,20 976.08 Additional applicability. In this chapter, "prisoner" includes any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age or older.

Note: Deletes reference in s. 976.08, stats., to placement of a juvenile who has been adjudicated delinquent in a state prison. See the Note to s. 938.357 (4) (d), stats., as repealed by this bill.

AB443, s. 633 Section 633. 980.015 (2) (b) of the statutes is amended to read:

AB443,300,3 980.015 (2) (b) The anticipated release from a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB443, s. 634 Section 634. 980.02 (1) (b) 2., (2) (ag) and (4) (am) and (b) of the statutes are amended to read:

AB443,300,11 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), from a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB443,300,20 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or from a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or from a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB443,301,2 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, or release from imprisonment, from a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), from a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB443,301,7 (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

AB443, s. 635 Section 635. 980.04 (1) of the statutes is amended to read:

AB443,301,22 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.

AB443, s. 636 Section 636. Initial applicability.

AB443,302,3 (1) Placement of juveniles in adult prisons. The treatment of sections 301.03 (10) (d), 302.11 (10), 302.255, 302.386 (5) (d), 938.183 (3), 938.357 (4) (d), 938.538 (3) (a) 1., 1m., and 2., (4) (a), (5) (c), and (6), 938.992 (3), and 976.08 of the statutes first applies to a juvenile who is convicted or adjudicated delinquent for a violation committed on July 1, 1996.

AB443,302,4 (End)