SB301,87,4
3895.506 (title)
Liability
Civil liability exemption: weight gain and
4obesity 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.
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.
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.
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.
SB301,88,7
1938.08
(3) (a) (intro.) In addition to the law enforcement authority under sub.
2(2), department personnel designated by the department
, and personnel of an agency
3contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the
4agency and the department
, and personnel of a county contracted with under s.
5301.08 (1) (b) 4. and designated by agreement between the county and the
6department have the power of law enforcement authorities to take a juvenile into
7physical 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
8Section
242. 938.17 (1) (b) of the statutes is amended to read:
SB301,88,119
938.17
(1) (b) If the court orders the juvenile to serve a period of incarceration
10of less than 6 months, the juvenile may serve that period of incarceration only in a
11secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
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:
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
17Section
245. 938.183 (1m) (a) of the statutes is amended to read:
SB301,89,3
1938.183
(1m) (a) If the juvenile is under 15 years of age, the juvenile may be
2held in secure custody only in a
secure juvenile detention facility or in the juvenile
3portion of a county jail.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 246
4Section
246. 938.195 (1) (title) of the statutes is created to read:
SB301,89,55
938.195
(1) (title)
Definitions.
SB301, s. 247
6Section
247. 938.195 (1) (c) of the statutes is amended to read:
SB301,89,117
938.195
(1) (c) "Place of detention" means a
secure juvenile detention facility,
8jail, municipal lockup facility, or
secured juvenile correctional facility, or a police or
9sheriff's office or other building under the control of a law enforcement agency, at
10which juveniles are held in custody in connection with an investigation of a
11delinquent 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
12Section
248. 938.195 (2) (title) of the statutes is created to read:
SB301,89,1313
938.195
(2) (title)
When required.
SB301, s. 249
14Section
249. 938.195 (3) (title) of the statutes is created to read:
SB301,89,1515
938.195
(3) (title)
Notice not required.
SB301, s. 250
16Section
250. 938.208 (intro.) of the statutes is amended to read:
SB301,90,3
1938.208 Criteria for holding a juvenile in a secure juvenile detention
2facility. (intro.) A juvenile may be held in a
secure juvenile detention facility if the
3intake 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
4Section
251. 938.209 (1) (intro.) of the statutes is amended to read:
SB301,90,75
938.209
(1) County jail. (intro.) Subject to s. 938.208, a county jail may be used
6as a
secure juvenile detention facility if the criteria under either par. (a) or (b) are
7met:
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 252
8Section
252. 938.209 (1) (a) (intro.) of the statutes is amended to read:
SB301,90,119
938.209
(1) (a) (intro.) There is no other
secure juvenile detention facility
10approved by the department or a county which is available and all of the following
11conditions are met:
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 253
12Section
253. 938.209 (1) (a) 1. of the statutes is amended to read:
SB301,90,1413
938.209
(1) (a) 1. The jail meets the standards for
secure juvenile detention
14facilities established by the department.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 254
15Section
254. 938.21 (2) (am) of the statutes is amended to read:
SB301,90,2016
938.21
(2) (am) A juvenile held in a nonsecure place of custody may waive in
17writing his or her right to participate in the hearing under this section. After any
18waiver, a rehearing shall be granted upon the request of the juvenile or any other
19interested party for good cause shown. Any juvenile transferred to a
secure juvenile 20detention 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
1Section
255. 938.22 (1) (d) of the statutes is amended to read:
SB301,91,52
938.22
(1) (d) The nonjudicial operational policies of a private
secure juvenile 3detention facility shall be established by the private entity operating the
secure 4juvenile detention facility. Those policies shall be executed by the superintendent
5appointed under sub. (3) (bm).
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 256
6Section
256. 938.22 (3) (bm) of the statutes is amended to read:
SB301,91,97
938.22
(3) (bm) A private juvenile detention facility shall be in the charge of
8a superintendent appointed by the private entity operating the
secure juvenile 9detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 257
10Section
257. 938.22 (5) of the statutes is amended to read:
SB301,91,1511
938.22
(5) County contracts with private facilities. A county board of
12supervisors, or 2 or more county boards of supervisors jointly, may contract with
13privately operated
secure juvenile detention facilities, shelter care facilities
, or home
14detention programs for purchase of services. A county board of supervisors may
15delegate 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
16Section
258. 938.222 (title) of the statutes is amended to read:
SB301,91,18
17938.222 (title)
Contracts with private entities for secure juvenile
18detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 259
19Section
259. 938.222 (2) (b) 1. of the statutes is amended to read:
SB301,92,4
1938.222
(2) (b) 1. The rates to be paid by the county for holding a juvenile in
2the private
secure juvenile detention facility and the charges to be paid by the county
3for any extraordinary medical and dental expenses and any programming provided
4for 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
5Section
260. 938.222 (2) (b) 2. of the statutes is amended to read:
SB301,92,76
938.222
(2) (b) 2. An agreement that the county retains jurisdiction over a
7juvenile 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
8Section
261. 938.222 (2) (b) 3. of the statutes is amended to read:
SB301,92,109
938.222
(2) (b) 3. An agreement that the private
secure juvenile detention
10facility 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
11Section
262. 938.223 (title) of the statutes is amended to read:
SB301,92,13
12938.223 (title)
Contracts with Minnesota counties for secure juvenile
13detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 263
14Section
263. 938.223 (1) of the statutes is amended to read:
SB301,93,215
938.223
(1) Uses of facilities. The county board of supervisors of any county
16may contract with one or more counties in Minnesota that operate a
secure juvenile 17detention facility for the use of one or more Minnesota
secure juvenile detention
18facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17
19(1), 938.183 (1m) (a)
, or 938.208 or who are subject to a disposition under s. 938.17
1(1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1.
, or short-term detention
2under 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
3Section
264. 938.223 (2) (b) 1. of the statutes is amended to read:
SB301,93,84
938.223
(2) (b) 1. The rates to be paid by the Wisconsin county for holding a
5juvenile in the Minnesota
secure juvenile detention facility and the charges to be
6paid by the Wisconsin county for any extraordinary medical and dental expenses and
7any programming provided for a juvenile who is held in the Minnesota
secure 8juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 265
9Section
265. 938.223 (2) (b) 2. of the statutes is amended to read:
SB301,93,1110
938.223
(2) (b) 2. An agreement that the Wisconsin county retains jurisdiction
11over 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
12Section
266. 938.223 (2) (b) 3. of the statutes is amended to read:
SB301,93,1413
938.223
(2) (b) 3. An agreement that the Minnesota
secure juvenile detention
14facility 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. 267
15Section
267. 938.224 (title) of the statutes is amended to read: