SB301: Bill Text

Note: "Oral" replaced "such" in 2005 Wis. Act 344, requiring the insertion of the specific reference for clarity. Also, the title created by 2005 Wis. Act 344 for this provision references a "videotaped" oral statement, but that term was replaced with "audiovisual recording" by 2005 Wis. Act 42. This Section conforms the title to the new terminology enacted by 2005 Wis. Act 42.

SB301, s. 274 Section 274. The treatment of 938.299 (4) (b) of the statutes by 2005 Wisconsin Act 277 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.299 (4) (b) reads:

(b) Except as provided in s. 901.05, common law and statutory rules of evidence are not binding at a waiver hearing under s. 938.18, a hearing for a juvenile held in custody under s. 938.21, a hearing under s. 938.296 (4) for a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), a hearing under s. 938.296 (5) for a juvenile who is alleged to have violated s. 946.43 (2m), a dispositional hearing, or any postdispositional hearing under this chapter. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

SB301, s. 275 Section 275. 938.31 (3) (title) of the statutes is created to read:

SB301,96,2 938.31 (3) (title) Admissibility of custodial interrogations.

Note: The other subsections of s. 938.31 have titles.

SB301, s. 276 Section 276. 938.34 (3) (f) (intro.) of the statutes is amended to read:

SB301,96,6 938.34 (3) (f) (intro.) A secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:

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

SB301, s. 277 Section 277. 938.34 (3) (f) 2. of the statutes is amended to read:

SB301,96,12 938.34 (3) (f) 2. The order may provide that the juvenile may be released from the secure juvenile detention facility, juvenile portion of the jail, or place of nonsecure custody during specified hours to attend school, to work at the juvenile's place of employment or to attend or participate in any activity which the court considers beneficial to the juvenile.

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

SB301, s. 278 Section 278. 938.34 (3) (f) 3. of the statutes is amended to read:

SB301,96,17 938.34 (3) (f) 3. The use of placement in a secure juvenile detention facility or in a juvenile portion of a county jail as a disposition under this paragraph is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a disposition.

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

SB301, s. 279 Section 279. The treatment of 938.34 (4h) (a) of the statutes by 2005 Wisconsin Act 253 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.34 (4h) (a) reads:

(a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB301, s. 280 Section 280. 938.345 (4) (title) of the statutes is created to read:

SB301,97,4 938.345 (4) (title) Uncontrollable juveniles.

Note: The other subsections of s. 938.345 have titles.

SB301, s. 281 Section 281. 938.355 (6) (d) 1. of the statutes is amended to read:

SB301,97,13 938.355 (6) (d) 1. Placement of the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

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

SB301, s. 282 Section 282. 938.355 (6d) (a) 1. of the statutes is amended to read:

SB301,98,13 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

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

SB301, s. 283 Section 283. 938.355 (6d) (a) 2. of the statutes is amended to read:

SB301,99,15 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

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

SB301, s. 284 Section 284. 938.355 (6d) (b) 2. of the statutes is amended to read:

SB301,99,23 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.

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

SB301, s. 285 Section 285. 938.355 (6d) (d) of the statutes is amended to read:

SB301,101,6 938.355 (6d) (d) Hearing; when required. If a juvenile is held under par. (a), (b), or (c) in a secure juvenile detention facility, juvenile portion of a county jail, or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6) or s. 938.21, except that, notwithstanding s. 938.21 (1) (a), the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed instead of a petition under s. 938.25.

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

SB301, s. 286 Section 286. 938.355 (6d) (e) of the statutes is amended to read:

SB301,101,13 938.355 (6d) (e) County board authorization required. The use of placement in a secure juvenile detention facility or in a juvenile portion of a county jail as a place of short-term detention under par. (a) 1. or 2. or (b) 1. or 2. is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as places of short-term detention under par. (a) 1. or 2. or (b) 1. or 2.

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

SB301, s. 287 Section 287. 938.355 (6m) (a) 1g. of the statutes is amended to read:

SB301,102,3 938.355 (6m) (a) 1g. Placement of the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.

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

SB301, s. 288 Section 288. The treatment of 938.371 (1) (intro.) of the statutes by 2005 Wisconsin Act 232 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.371 (1) (intro.) reads:

(1) Medical information. If a juvenile is placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

SB301, s. 289 Section 289. The treatment of 938.371 (1) (a) of the statutes by 2005 Wisconsin Act 232 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.371 (1) (a) reads:

(a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

SB301, s. 290 Section 290. 938.371 (1) (b) of the statutes, as affected by 2005 Wisconsin Acts 232 and 344, is amended to read:

SB301,102,12 938.371 (1) (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. juvenile

Note: "Juvenile" was inserted by 2005 Wis. Act 344 but rendered surplusage by the treatment by 2005 Wis Act 232.

SB301, s. 291 Section 291. 938.371 (1) (c) of the statutes, as affected by 2005 Wisconsin Acts 232 and 344, is amended to read:

SB301,103,4 938.371 (1) (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. juvenile

Note: "Juvenile" was inserted by 2005 Wis. Act 344 but rendered surplusage by the treatment by 2005 Wis Act 232.

SB301, s. 292 Section 292. The treatment of 938.371 (3) (intro.) of the statutes by 2005 Wisconsin Act 232 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.371 (3) (intro.) reads:

(3) Other information. At the time of placement of a juvenile in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

SB301, s. 293 Section 293. 938.371 (3) (a), (b) and (c) of the statutes, as affected by 2005 Wisconsin Acts 232 and 344, are amended to read:

SB301,103,10 938.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile. juvenile

SB301,103,13 (b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. juvenile

SB301,103,15 (c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being. juvenile

Note: "Juvenile" was inserted by 2005 Wis. Act 344 but rendered surplusage by the treatment by 2005 Wis Act 232.

SB301, s. 294 Section 294. 938.371 (3) (d) of the statutes, as affected by 2005 Wisconsin Acts 232, 277 and 344, is amended to read:

SB301,104,10 938.371 (3) (d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility. juvenile

Note: "Juvenile" was inserted by 2005 Wis. Act 344 but rendered surplusage by the treatment by 2005 Wis Act 232.

SB301, s. 295 Section 295. 938.371 (4) (title) of the statutes is created to read:

SB301,104,12 938.371 (4) (title) Disclosure before placement permitted.

Note: The other subsections of s. 938.371 have titles.

SB301, s. 296 Section 296. 938.371 (5) of the statutes is amended to read:

SB301,104,20 938.371 (5) Confidentiality of information. Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency plan review concerning the juvenile.

Note: The term "secured correctional facility" was changed to "juvenile correctional facility" by 2005 Wis. Act 344. Also, the other subsections of s. 938.371 have titles.

SB301, s. 297 Section 297. 938.38 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act 344, is amended to read:

SB301,105,10 938.38 (4) (ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances under in s. 938.355 (2d) (b) 1. to 4. apply to that parent.

Note: Deletes "in" rendered surplusage by 2005 Wis. Act 344.

SB301, s. 298 Section 298. 938.396 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 344, section 509, and 2005 Wisconsin Act 434, is amended to read:

SB301,105,16 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under, par. (b) or (c), sub. (1j), or (10), or s. 938.293 or by order of the court.

Note: Inserts serial comma.

SB301, s. 299 Section 299. 938.396 (1j) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Act 344, section 561, and 2005 Wisconsin Act 434, section 42, is amended to read:

SB301,105,23 938.396 (1j) (a) (intro.) Any person who is denied access to a record under sub. (1),, (a) or (10) may petition the court to order the disclosure of the record. The petition shall be in writing and shall describe as specifically as possible all of the following:

Note: Deletes commas inserted by 2005 Wis. Act 434 but rendered surplusage by 2005 Wis. Act 344. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and changed other cross-references to s. 938.396 (1) (a) accordingly.

SB301, s. 300 Section 300. 938.396 (2) of the statutes, as affected by 2005 Wisconsin Act 344, is amended to read:

SB301,106,8 938.396 (2) Court records; confidentiality. Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or as permitted under sub. (2g) or (10).

Note: Act 344 renumbered s. 938.396 (2) (e) to s. 938.396 (2g) (e), but then Act 434 renumbered s. 938.396 (2) (e) as s. 938.391 (10). Accordingly, s. 938.396 (2) needs a cross-reference to s. 938.396 (10) for completeness.

SB301, s. 301 Section 301. 938.534 (1) (b) 1. of the statutes, as affected by 2005 Wisconsin Act 344, is amended to read:

SB301,107,7 938.534 (1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the his or her participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

Note: Deletes "the" rendered surplusage by 2005 Wis. Act 344.

SB301, s. 302 Section 302. 938.57 (1) (c) of the statutes, as affected by 2005 Wisconsin Acts 25 and 344, is amended to read:

SB301,107,23 938.57 (1) (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, placing the juveniles in the homes of guardians under s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured, 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 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.