SB301: Bill Text

SB301,86,19 895.497 (title) Liability Civil liability exemption: furnishing safety services relating to child safety restraint systems.

Note: Conforms form of title to the other titles in ch. 895 relating to civil liability exemptions, as affected by 2005 Wis. Act 155.

SB301, s. 237 Section 237. 895.506 (title) of the statutes, as created by 2005 Wisconsin Act 325, is amended to read:

SB301,87,4 895.506 (title) Liability Civil liability exemption: weight gain and obesity claims.

Note: Conforms form of title to the other titles in ch. 895 relating to civil liability exemptions, as affected by 2005 Wis. Act 155.

SB301, s. 238 Section 238. 895.507 of the statutes, as created by 2005 Wisconsin Act 138, is renumbered 134.98.

Note: 2005 Wis. Act 155 revises ch. 895 to include only provisions related to limits on liability and miscellaneous court provisions and renumbers s. 895.505, relating to disposal of records containing personal information, to s. 134.97. Section 895.507 relating to notice of unauthorized acquisition of personal information, is renumbered 134.98 so the section continues to be located with the former s. 895.505 in the statutes.

SB301, s. 239 Section 239. 895.81 of the statutes, as created by 2005 Wisconsin Act 212, is renumbered 895.472.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 155 revises ch. 895 to create 2 subchapters and to reorganize the chapter accordingly. Section 895.81, Indemnification of a financial institution, is moved so it is not located in subchapter II, Exemptions From Liability, and is located in subchapter I, Damages, Liability, and Miscellaneous Provisions Regarding Actions in Courts.

SB301, s. 240 Section 240. The treatment of 905.04 (4) (a) of the statutes by 2005 Wisconsin Act 387 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 905.04 (4) (a) reads:

(a) Proceedings for hospitalization, guardianship, protective services, or protective placement or for control, care, or treatment of a sexually violent person. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian in this state, for court-ordered protective services or protective placement, for review of guardianship, protective services, or protective placement orders, or for control, care, or treatment of a sexually violent person under ch. 980, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist, or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement or control, care, and treatment as a sexually violent person.

SB301, s. 241 Section 241. 938.08 (3) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Act 344, is amended to read:

SB301,88,7 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), department personnel designated by the department, and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department, and personnel of a county contracted with under s. 301.08 (1) (b) 4. and designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

Note: Section 301.08 (1) (b) 4. was repealed by 2005 Wis. Act 344, leaving the stricken language without effect.

SB301, s. 242 Section 242. 938.17 (1) (b) of the statutes is amended to read:

SB301,88,11 938.17 (1) (b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 243 Section 243. The treatment of 938.17 (2) (a) 3. (intro.) of the statutes by 2005 Wisconsin Act 190 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.17 (2) (a) 3. (intro.) reads:

3. Except as provided in subd. 1m., when a juvenile is alleged to have violated a municipal ordinance, one of the following may occur:

SB301, s. 244 Section 244. The treatment of 938.18 (1) (a), as renumbered, of the statutes by 2005 Wisconsin Act 212, section 3, is not repealed by 2005 Wisconsin Act 344, section 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.18 (1) (a), as renumbered from s. 938.18 (1) (a) 1. by 2005 Wisconsin Act 344, reads:

(a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), 943.87, or 961.41 (1) on or after the juvenile's 14th birthday.

SB301, s. 245 Section 245. 938.183 (1m) (a) of the statutes is amended to read:

SB301,89,3 938.183 (1m) (a) If the juvenile is under 15 years of age, the juvenile may be held in secure custody only in a secure juvenile detention facility or in the juvenile portion of a county jail.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 246 Section 246. 938.195 (1) (title) of the statutes is created to read:

SB301,89,5 938.195 (1) (title) Definitions.

Note: Section 938.195 was created by 2005 Wis. Act 60 without subsection titles. As a result of 2005 Wis. Act 344, all other subsections in ch. 938 have titles.

SB301, s. 247 Section 247. 938.195 (1) (c) of the statutes is amended to read:

SB301,89,11 938.195 (1) (c) "Place of detention" means a secure juvenile detention facility, jail, municipal lockup facility, or secured juvenile correctional facility, or a police or sheriff's office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.

Note: The term "secure detention facility" was changed to "juvenile detention facility" and the term "secured correctional facility" was changed to "juvenile correctional facility" by 2005 Wis. Act 344.

SB301, s. 248 Section 248. 938.195 (2) (title) of the statutes is created to read:

SB301,89,13 938.195 (2) (title) When required.

Note: Section 938.195 was created by 2005 Wis. Act 60 without subsection titles. As a result of 2005 Wis. Act 344, all other subsections in ch. 938 have titles.

SB301, s. 249 Section 249. 938.195 (3) (title) of the statutes is created to read:

SB301,89,15 938.195 (3) (title) Notice not required.

Note: Section 938.195 was created by 2005 Wis. Act 60 without subsection titles. As a result of 2005 Wis. Act 344, all other subsections in ch. 938 have titles.

SB301, s. 250 Section 250. 938.208 (intro.) of the statutes is amended to read:

SB301,90,3 938.208 Criteria for holding a juvenile in a secure juvenile detention facility. (intro.) A juvenile may be held in a secure juvenile detention facility if the intake worker determines that one any of the following conditions applies:

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 251 Section 251. 938.209 (1) (intro.) of the statutes is amended to read:

SB301,90,7 938.209 (1) County jail. (intro.) Subject to s. 938.208, a county jail may be used as a secure juvenile detention facility if the criteria under either par. (a) or (b) are met:

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 252 Section 252. 938.209 (1) (a) (intro.) of the statutes is amended to read:

SB301,90,11 938.209 (1) (a) (intro.) There is no other secure juvenile detention facility approved by the department or a county which is available and all of the following conditions are met:

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 253 Section 253. 938.209 (1) (a) 1. of the statutes is amended to read:

SB301,90,14 938.209 (1) (a) 1. The jail meets the standards for secure juvenile detention facilities established by the department.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 254 Section 254. 938.21 (2) (am) of the statutes is amended to read:

SB301,90,20 938.21 (2) (am) A juvenile held in a nonsecure place of custody may waive in writing his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted upon the request of the juvenile or any other interested party for good cause shown. Any juvenile transferred to a secure juvenile detention facility shall thereafter have a rehearing under this section.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 255 Section 255. 938.22 (1) (d) of the statutes is amended to read:

SB301,91,5 938.22 (1) (d) The nonjudicial operational policies of a private secure juvenile detention facility shall be established by the private entity operating the secure juvenile detention facility. Those policies shall be executed by the superintendent appointed under sub. (3) (bm).

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 256 Section 256. 938.22 (3) (bm) of the statutes is amended to read:

SB301,91,9 938.22 (3) (bm) A private juvenile detention facility shall be in the charge of a superintendent appointed by the private entity operating the secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 257 Section 257. 938.22 (5) of the statutes is amended to read:

SB301,91,15 938.22 (5) County contracts with private facilities. A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated secure juvenile detention facilities, shelter care facilities, or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 258 Section 258. 938.222 (title) of the statutes is amended to read:

SB301,91,18 938.222 (title) Contracts with private entities for secure juvenile detention facility services.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 259 Section 259. 938.222 (2) (b) 1. of the statutes is amended to read:

SB301,92,4 938.222 (2) (b) 1. The rates to be paid by the county for holding a juvenile in the private secure juvenile detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 260 Section 260. 938.222 (2) (b) 2. of the statutes is amended to read:

SB301,92,7 938.222 (2) (b) 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 261 Section 261. 938.222 (2) (b) 3. of the statutes is amended to read:

SB301,92,10 938.222 (2) (b) 3. An agreement that the private secure juvenile detention facility is subject to investigation and inspection by the department under s. 301.36.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 262 Section 262. 938.223 (title) of the statutes is amended to read:

SB301,92,13 938.223 (title) Contracts with Minnesota counties for secure juvenile detention facility services.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 263 Section 263. 938.223 (1) of the statutes is amended to read:

SB301,93,2 938.223 (1) Uses of facilities. The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure juvenile detention facility for the use of one or more Minnesota secure juvenile detention facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 264 Section 264. 938.223 (2) (b) 1. of the statutes is amended to read:

SB301,93,8 938.223 (2) (b) 1. The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota secure juvenile detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 265 Section 265. 938.223 (2) (b) 2. of the statutes is amended to read:

SB301,93,11 938.223 (2) (b) 2. An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 266 Section 266. 938.223 (2) (b) 3. of the statutes is amended to read:

SB301,93,14 938.223 (2) (b) 3. An agreement that the Minnesota secure juvenile detention facility is subject to investigation and inspection by the department under s. 301.36.