SB21-SSA1,1427,3
1(c) The department
of corrections may inspect any facility it is using and
2examine and consult with persons under its supervision under s. 938.183, 938.34
3(4h), (4m), or (4n), or 938.357 (4) who have been placed in the facility.
SB21-SSA1,4704s
4Section 4704s. 938.52 (4) of the statutes is amended to read:
SB21-SSA1,1427,75
938.52
(4) Coeducational programs and institutions. The department
of
6corrections may establish and maintain coeducational programs and institutions
7under this chapter.
SB21-SSA1,1427,15
9938.53 Duration of control of department of corrections over
10delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
11who has been placed under the supervision of the department
of corrections under
12s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) shall be discharged as soon as
the 13that department determines that there is a reasonable probability that
14departmental supervision is no longer necessary for the rehabilitation and
15treatment of the juvenile or for the protection of the public.
SB21-SSA1,4705
16Section
4705. 938.533 (title) of the statutes is repealed and recreated to read:
SB21-SSA1,1427,17
17938.533 (title)
Community supervision.
SB21-SSA1,4706
18Section
4706. 938.533 (1) of the statutes is created to read:
SB21-SSA1,1427,2019
938.533
(1) Definition. In this section, "Type 2 status" means the status of a
20juvenile who is placed in a Type 2 juvenile correctional facility.
SB21-SSA1,4707b
21Section 4707b. 938.533 (2) of the statutes is amended to read:
SB21-SSA1,1428,2322
938.533
(2) Corrective sanctions program. From the appropriation under s.
2320.410 (3) (hr), the department
of corrections shall provide a corrective sanctions
24program to serve an average daily population of 136 juveniles unless the
25appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
1the positions for the program are increased under s. 13.101 or 16.505 (2) or unless
2funding and positions to serve more than that average daily population are otherwise
3available, in at least 3 counties, including Milwaukee County. The
department's 4office of juvenile offender review
in the division of juvenile corrections in the
5department of corrections shall evaluate and select for participation in the program
6juveniles who have been placed under the supervision of the department
of
7corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The department
of
8corrections shall place a program participant in the community, provide intensive
9surveillance of that participant, and provide an average of not more than $3,000 per
10year per slot to purchase community-based treatment services for each participant.
11The department
of corrections shall make the intensive surveillance available 24
12hours a day, 7 days a week, and may purchase or provide electronic monitoring for
13the intensive surveillance of program participants. The department
of corrections 14shall provide a report center in Milwaukee County to provide on-site programming
15after school and in the evening for juveniles from Milwaukee County who are placed
16in the corrective sanctions program. A contact worker providing services under the
17program shall have a case load of approximately 10 juveniles and, during the initial
18phase of placement in the community under the program of a juvenile who is
19assigned to that contact worker, shall have not less than one face-to-face contact per
20day with that juvenile. Case management services under the program shall be
21provided by a corrective sanctions agent who shall have a case load of approximately
2215 juveniles. The department
of corrections shall promulgate rules to implement the
23program.
SB21-SSA1,4707bm
24Section 4707bm. 938.533 (2) of the statutes, as affected by 2015 Wisconsin Act
25.... (this act), is renumbered 938.533 (2) (intro.) and amended to read:
SB21-SSA1,1429,19
1938.533
(2) Corrective sanctions program Community supervision services. 2(intro.) From the appropriation under s. 20.410 (3) (hr), the department of
3corrections shall
purchase or provide
a corrective sanctions program to serve an
4average daily population of 136 juveniles unless the appropriation under s. 20.410
5(3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program
6are increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve
7more than that average daily population are otherwise available, in at least 3
8counties, including Milwaukee County. The office of juvenile offender review in the
9division of juvenile corrections in the department of corrections shall evaluate and
10select for participation in the program community supervision services for juveniles
11who have been placed under the
community supervision of the department of
12corrections under s.
938.183, 938.34
(4h) or (4m), or (4n), 938.357 (4)
. The
13department of corrections shall place a program participant in the community,
14provide intensive surveillance of that participant, and provide an average of not
15more than $3,000 per year per slot to purchase community-based treatment services
16for each participant. The department of corrections shall make the intensive
17surveillance, or 938.538 (3) (a) 2. For each juvenile who is placed under community
18supervision, the department of corrections may purchase or provide any of the
19following services:
SB21-SSA1,1429,24
20(a) Surveillance, including electronic monitoring or global positioning system
21tracking, which the department of corrections shall make available 24 hours a day,
227 days a week,
and may purchase or provide electronic monitoring for the intensive
23surveillance of program participants. The department of corrections shall provide
24a report based on the juvenile's level of risk and community safety considerations.
SB21-SSA1,1430,10
1(b) Report center
in Milwaukee County to provide on-site programming after
2school and in the evening for juveniles from Milwaukee County who are placed in the
3corrective sanctions program. A contact worker providing services under the
4program shall have a case load of approximately 10 juveniles and, during the initial
5phase of placement in the community under the program of a juvenile who is
6assigned to that contact worker, shall have not less than one face-to-face contact per
7day with that programming, including social, behavioral, academic, community
8service, and other programming, after school, in the evening, on weekends, on other
9nonschool days, and at other times when the juvenile is not under immediate adult
10supervision.
SB21-SSA1,1430,13
11(c) Contacts with the juvenile
and the juvenile's family of a type, frequency, and
12duration that are commensurate with the juvenile's level of risk and individualized
13treatment needs.
SB21-SSA1,1430,16
14(d) Case management services
under the program shall be provided by a
15corrective sanctions community supervision agent
who shall have a case load of
16approximately 15 juveniles.
SB21-SSA1,1430,18
17(4) Rules. The department of corrections shall promulgate rules to implement
18the program this section.
SB21-SSA1,4708
19Section
4708. 938.533 (2) (e) of the statutes is created to read:
SB21-SSA1,1430,2120
938.533
(2) (e) Any other treatment or services that are needed to meet the
21needs of the juvenile as determined by the department.
SB21-SSA1,4709b
22Section 4709b. 938.533 (3) of the statutes is amended to read:
SB21-SSA1,1431,823
938.533
(3) Institutional status. (a) A participant in the corrective sanctions
24program is under the supervision of the department
of corrections, is subject to the
25rules and discipline of
the that department, and is considered to be in custody, as
1defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile
2violates a condition of his or her participation in the corrective sanctions program the
3department
of corrections may, without a hearing, take the juvenile into custody and
4place the juvenile in a juvenile detention facility or return the juvenile to placement
5in a Type 1 juvenile correctional facility or a secured residential care center for
6children and youth. This paragraph does not preclude a juvenile who has violated
7a condition of his or her participation in the corrective sanctions program from being
8taken into and held in custody under ss. 938.19 to 938.21.
SB21-SSA1,1431,199
(b) The department
of corrections shall operate the corrective sanctions
10program as a Type 2 juvenile correctional facility. The secretary may allocate and
11reallocate existing and future facilities as part of the Type 2 juvenile correctional
12facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction
13or establishment of a Type 2 juvenile correctional facility shall be in compliance with
14all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
15(13), construction or establishment of a Type 2 juvenile correctional facility is not
16subject to the ordinances or regulations relating to zoning, including zoning under
17ch. 91, of the county and city, village, or town in which the construction or
18establishment takes place and is exempt from the investigations permitted under s.
1946.22 (1) (c) 1. b.
SB21-SSA1,4709bm
20Section 4709bm. 938.533 (3) of the statutes, as affected by 2015 Wisconsin Act
21.... (this act), is amended to read:
SB21-SSA1,1432,1122
938.533
(3) Institutional status. (a)
A participant in the corrective sanctions
23program The office of juvenile offender review in the division of juvenile corrections
24in the department of corrections shall evaluate each juvenile who is placed under
25community supervision and may place such a juvenile in Type 2 status. A juvenile
1who is placed in Type 2 status is under the supervision of the department of
2corrections, is subject to the rules and discipline of that department, and is
3considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19
4to 938.21, if a juvenile
who is placed in Type 2 status violates a condition of his or her
5participation in
the corrective sanctions program
community supervision, the
6department of corrections may, without a hearing, take the juvenile into custody and
7place the juvenile in a juvenile detention facility or return the juvenile to placement
8in a Type 1 juvenile correctional facility or a secured residential care center for
9children and youth. This paragraph does not preclude a juvenile who has violated
10a condition of his or her participation in
the corrective sanctions program community
11supervision from being taken into and held in custody under ss. 938.19 to 938.21.
SB21-SSA1,1432,2312
(b) The department of corrections shall operate
the corrective sanctions
13program community supervision for a juvenile who is placed in Type 2 status as a
14Type 2 juvenile correctional facility. The secretary may allocate and reallocate
15existing and future facilities as part of the Type 2 juvenile correctional facility. The
16Type 2 juvenile correctional facility is subject to s. 301.02. Construction or
17establishment of a Type 2 juvenile correctional facility shall be in compliance with
18all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
19(13), construction or establishment of a Type 2 juvenile correctional facility is not
20subject to the ordinances or regulations relating to zoning, including zoning under
21ch. 91, of the county and city, village, or town in which the construction or
22establishment takes place and is exempt from the investigations permitted under s.
2346.22 (1) (c) 1. b.
SB21-SSA1,4710
24Section
4710. 938.533 (3m) of the statutes is amended to read:
SB21-SSA1,1433,4
1938.533
(3m) Escape. If a juvenile
who is placed in Type 2 status runs away
2from his or her placement in the community while participating in
the corrective
3sanctions program community supervision, the juvenile is considered to have
4escaped in violation of s. 946.42 (3) (c).
SB21-SSA1,4710c
5Section 4710c. 938.534 (1) (b) 1. of the statutes is amended to read:
SB21-SSA1,1433,236
938.534
(1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
7general written policies adopted by the court under s. 938.06 (1) or (2) and to any
8policies adopted by the county board relating to the taking into custody and
9placement of a juvenile under this subdivision, if a juvenile violates a condition of his
10or her participation in the program, the juvenile's caseworker or any other person
11authorized to provide or providing intake or dispositional services for the court under
12s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
13the juvenile in a juvenile detention facility or juvenile portion of a county jail that
14meets the standards promulgated by the department
of corrections by rule or in a
15place of nonsecure custody designated by that person for not more than 72 hours
16while the alleged violation and the appropriateness of a sanction under s. 938.355
17(6) or a change in the conditions of the juvenile's participation in the program are
18being investigated. Short-term detention under this subdivision may be imposed
19only if at the dispositional hearing the court explained those conditions to the
20juvenile and informed the juvenile of that possible placement or if before the
21violation the juvenile has acknowledged in writing that he or she has read, or has had
22read to him or her, those conditions and that possible placement and that he or she
23understands those conditions and that possible placement.
SB21-SSA1,4710e
24Section 4710e. 938.534 (1) (b) 2. of the statutes is amended to read:
SB21-SSA1,1434,23
1938.534
(1) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any
2general written policies adopted by the court under s. 938.06 (1) or (2) and to any
3policies adopted by the county board relating to the taking into custody and
4placement of a juvenile under this subdivision, if a juvenile violates a condition of the
5juvenile's participation in the program, the juvenile's caseworker or any other person
6authorized to provide or providing intake or dispositional services for the court under
7s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
8the juvenile in a juvenile detention facility or juvenile portion of a county jail that
9meets the standards promulgated by the department
of corrections by rule or in a
10place of nonsecure custody designated by that person for not more than 72 hours as
11a consequence of that violation. Short-term detention under this subdivision may
12be imposed only if at the dispositional hearing the court explained those conditions
13to the juvenile and informed the juvenile of that possible placement or if before the
14violation the juvenile has acknowledged in writing that he or she has read, or has had
15read to him or her, those conditions and that possible placement and that he or she
16understands those conditions and that possible placement. A person who takes a
17juvenile into custody under this subdivision shall permit the juvenile to make a
18written or oral statement concerning the possible placement of the juvenile and the
19course of conduct for which the juvenile was taken into custody. A person designated
20by the court or the county department who is employed in a supervisory position by
21a person authorized to provide or providing intake or dispositional services under s.
22938.067 or 938.069 shall review that statement and either approve the placement,
23modify the terms of the placement, or order the juvenile to be released from custody.
SB21-SSA1,4710f
24Section 4710f. 938.534 (2) of the statutes is amended to read:
SB21-SSA1,1435,7
1938.534
(2) Rules for intensive supervision program. The department
of
2corrections shall promulgate rules specifying the requirements for an intensive
3supervision program under this section. The rules shall include provisions
4governing the use of placement in a juvenile detention facility, juvenile portion of a
5county jail, or place of nonsecure custody for not more than 72 hours under sub. (1)
6(b) and the use of placement in a place of nonsecure custody for not more than 30 days
7under sub. (1) (c).
SB21-SSA1,4710h
8Section 4710h. 938.535 of the statutes is amended to read:
SB21-SSA1,1435,16
9938.535 Early release and intensive supervision program; limits. The
10department
of corrections may establish a program for the early release and
11intensive supervision of juveniles who have been placed in a juvenile correctional
12facility or a secured residential care center for children and youth under s. 938.183
13or 938.34 (4m). The program may not include any juveniles who have been placed
14in a juvenile correctional facility or a secured residential care center for children and
15youth as a result of a delinquent act involving the commission of a violent crime as
16defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
SB21-SSA1,4710i
17Section 4710i. 938.538 (2) (intro.) of the statutes is amended to read:
SB21-SSA1,1435,2218
938.538
(2) Program administration and design. (intro.) The department
of
19corrections shall administer a serious juvenile offender program for juveniles who
20have been adjudicated delinquent and ordered to participate in the program under
21s. 938.34 (4h). The department
of corrections shall design the program to provide all
22of the following:
SB21-SSA1,4710n
23Section 4710n. 938.538 (3) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1435,2524
938.538
(3) (a) (intro.) The department
of corrections shall provide each
25participant with one or more of the following sanctions:
SB21-SSA1,4711
1Section
4711. 938.538 (3) (a) 2. of the statutes is amended to read:
SB21-SSA1,1436,32
938.538
(3) (a) 2. Intensive or other field supervision, including
corrective
3sanctions community supervision under s. 938.533
or aftercare supervision.
SB21-SSA1,4711e
4Section 4711e. 938.538 (3) (a) 9. of the statutes is amended to read:
SB21-SSA1,1436,65
938.538
(3) (a) 9. Other programs as prescribed by the department
of
6corrections.
SB21-SSA1,4711h
7Section 4711h. 938.538 (4) of the statutes is amended to read:
SB21-SSA1,1436,238
938.538
(4) Institutional status. (a) A participant in the program under this
9section is under the supervision and control of the department
of corrections, is
10subject to the rules and discipline of
the that department, and is considered to be in
11custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a
12participant violates a condition of his or her participation in the program under sub.
13(3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department
14of corrections may, without a hearing, take the participant into custody and return
15him or her to placement in a Type 1 juvenile correctional facility or a secured
16residential care center for children and youth. Any intentional failure of a
17participant to remain within the extended limits of his or her placement while
18participating in the serious juvenile offender program or to return within the time
19prescribed by the administrator of the division of intensive sanctions in the
20department
of corrections is considered an escape under s. 946.42 (3) (c). This
21paragraph does not preclude a juvenile who has violated a condition of the juvenile's
22participation in the program under sub. (3) (a) 2. to 9. from being taken into and held
23in custody under ss. 938.19 to 938.21.
SB21-SSA1,1437,924
(b) The department
of corrections shall operate the component phases of the
25program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The
1secretary of corrections may allocate and reallocate existing and future facilities as
2part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional
3facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile
4correctional facility shall be in compliance with all state laws except s. 32.035 and
5ch. 91. In addition to the exemptions under s. 13.48 (13), construction or
6establishment of a Type 2 juvenile correctional facility is not subject to the
7ordinances or regulations relating to zoning, including zoning under ch. 91, of the
8county and city, village, or town in which the construction or establishment takes
9place and is exempt from inspections required under s. 301.36.
SB21-SSA1,4712b
10Section 4712b. 938.538 (5) (a) of the statutes is amended to read:
SB21-SSA1,1437,1511
938.538
(5) (a) The office of juvenile offender review in the division of juvenile
12corrections in the department
of corrections may release a participant to aftercare
13supervision under s. 301.03 (10) (d) at any time after the participant has completed
142 years of participation in the serious juvenile offender program. Aftercare
15supervision of the participant shall be provided by the department
of corrections.
SB21-SSA1,4712bm
16Section 4712bm. 938.538 (5) (a) of the statutes, as affected by 2015 Wisconsin
17Act .... (this act), is amended to read:
SB21-SSA1,1437,2318
938.538
(5) (a) The office of juvenile offender review in the division of juvenile
19corrections in the department of corrections may release a participant to
aftercare 20community supervision under s. 301.03 (10) (d) at any time after the participant has
21completed 2 years of participation in the serious juvenile offender program.
22Aftercare Community supervision of the participant shall be provided by the
23department of corrections.
SB21-SSA1,4712c
24Section 4712c. 938.538 (5) (b) of the statutes is amended to read:
SB21-SSA1,1438,4
1938.538
(5) (b) The department
of corrections may discharge a participant from
2participation in the serious juvenile offender program and from departmental
3supervision and control at any time after he or she has completed 3 years in the
4serious juvenile offender program.
SB21-SSA1,4712e
5Section 4712e. 938.538 (6) of the statutes is amended to read:
SB21-SSA1,1438,116
938.538
(6) Purchase of services. The department
of corrections may contract
7with the department of health services, the department of children and families, a
8county department, or any public or private agency for the purchase of goods, care,
9and services for participants in the program under this section. The department
of
10corrections shall reimburse a person from whom it purchases goods, care, or services
11under this subsection from the appropriation under s. 20.410 (3) (cg).
SB21-SSA1,4713
12Section
4713. 938.538 (6m) (b) of the statutes is amended to read:
SB21-SSA1,1438,2313
938.538
(6m) (b) In the selection of classified service employees for a juvenile
14correctional facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a),
15the appointing authority shall make every effort to use the expanded certification
16program under s. 230.25 (1n) or rules of the
administrator director of the
division 17bureau of merit recruitment and selection in the
office of state employment relations 18department of administration to ensure that the percentage of employees who are
19minority group members approximates the percentage of the juveniles placed at that
20juvenile correctional facility who are minority group members. The
administrator
21of the division director of the bureau of merit recruitment and selection
in the office
22of state employment relations shall provide guidelines for the administration of the
23selection procedure.
SB21-SSA1,4713c
24Section 4713c. 938.538 (7) of the statutes is amended to read:
SB21-SSA1,1439,2
1938.538
(7) Rules. The department
of corrections shall promulgate rules to
2implement this section.
SB21-SSA1,4713e
3Section 4713e. 938.539 (2) of the statutes is amended to read:
SB21-SSA1,1439,94
938.539
(2) Type 2 juvenile correctional facility; department of corrections
5control. A juvenile who is placed in a Type 2 juvenile correctional facility under s.
6938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive
7placement under s. 938.357 (4) (c) is under the supervision and control of the
8department
of corrections, is subject to the rules and discipline of
the that 9department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
SB21-SSA1,4713h
10Section 4713h. 938.539 (6) of the statutes is amended to read:
SB21-SSA1,1439,1211
938.539
(6) Rule-making. The department
of corrections shall promulgate
12rules to implement this section.
SB21-SSA1,4713i
13Section 4713i. 938.54 of the statutes is amended to read:
SB21-SSA1,1439,20
14938.54 Records. The department
of corrections shall keep a complete record
15on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m)
, or (4n) or
16938.357 (4). This record shall include the information received from the court, the
17date of reception, all available data on the personal and family history of the juvenile,
18the results of all tests and examinations given the juvenile, and a complete history
19of all placements of the juvenile while under the supervision of the department
of
20corrections.
SB21-SSA1,4713k
21Section 4713k. 938.547 (2) of the statutes is amended to read:
SB21-SSA1,1440,722
938.547
(2) Department responsibilities. Within the availability of funding
23under s. 20.437 (1) (mb) that is available for the pilot program, the department
of
24children and families shall select counties to participate in the pilot program. Unless
25a county department of human services has been established under s. 46.23 in the
1county that is seeking to implement a pilot program, the application submitted to the
2department
of children and families shall be a joint application by the county
3department that provides social services and the county department established
4under s. 51.42 or 51.437. The department
of children and families shall select
5counties in accordance with the request-for-proposal procedures established by
that 6the department. The department
of children and families shall give a preference to
7county applications that include a plan for case management.
SB21-SSA1,4713n
8Section 4713n. 938.548 of the statutes is amended to read:
SB21-SSA1,1440,12
9938.548 Multidisciplinary screen and assessment criteria. The
10department
of children and families shall make the multidisciplinary screen
11developed under s. 938.547 (3) and the assessment criteria developed under s.
12938.547 (4) available to all counties.
SB21-SSA1,4713q
13Section 4713q. 938.549 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,1440,1714
938.549
(1) Classification system; content. (intro.) The department
of
15children and families, in consultation with the department of corrections, shall make
16available to all counties a juvenile classification system that includes at least all of
17the following:
SB21-SSA1,4713s
18Section 4713s. 938.57 (1) (g) of the statutes is amended to read:
SB21-SSA1,1440,2019
938.57
(1) (g) Upon request of the department
of corrections, provide service
20for any juvenile in the care of
the that department.
SB21-SSA1,4714b
21Section 4714b. 938.57 (4) of the statutes is amended to read:
SB21-SSA1,1441,822
938.57
(4) Aftercare supervision. A county department may provide aftercare
23supervision under s. 938.34 (4n) for juveniles who are released from juvenile
24correctional facilities or secured residential care centers for children and youth. If
25a county department intends to change its policy regarding whether the county
1department or the department
of corrections shall provide aftercare supervision for
2juveniles released from juvenile correctional facilities or secured residential care
3centers for children and youth the county executive or county administrator, or, if the
4county has no county executive or county administrator, the chairperson of the
5county board of supervisors, or, for multicounty departments, the chairpersons of the
6county boards of supervisors jointly, shall submit a letter to the department
of
7corrections stating that intent before July 1 of the year preceding the year in which
8the policy change will take effect.
SB21-SSA1,4714bm
9Section 4714bm. 938.57 (4) of the statutes, as affected by 2015 Wisconsin Act
10.... (this act), is amended to read:
SB21-SSA1,1441,2311
938.57
(4) Aftercare supervision. A county department may provide aftercare
12supervision under s. 938.34 (4n) for juveniles who are released from juvenile
13correctional facilities or secured residential care centers for children and youth. If
14a county department intends to change its policy regarding whether the county
15department
or the department of corrections shall
will provide aftercare supervision
16for juveniles released from juvenile correctional facilities or secured residential care
17centers for children and youth
or the department of corrections will provide
18community supervision for those juveniles, the county executive or county
19administrator, or, if the county has no county executive or county administrator, the
20chairperson of the county board of supervisors, or, for multicounty departments, the
21chairpersons of the county boards of supervisors jointly, shall submit a letter to the
22department
of corrections stating that intent before July 1 of the year preceding the
23year in which the policy change will take effect.
SB21-SSA1,4714e
24Section 4714e. 938.78 (1) of the statutes is amended to read:
SB21-SSA1,1442,3
1938.78
(1) Definition. In this section, unless otherwise qualified, "agency"
2means the department
of children and families, the department of corrections, a
3county department
, or a licensed child welfare agency.
SB21-SSA1,4714f
4Section 4714f. 938.78 (2) (b) 1. of the statutes is amended to read:
SB21-SSA1,1442,255
938.78
(2) (b) 1. Paragraph (a) does not apply to the confidential exchange of
6information between an agency and another
agency, a social welfare agency, a law
7enforcement agency, the victim-witness coordinator, a fire investigator under s.
8165.55 (15), a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school
9district or a private school regarding an individual in the care or legal custody of the
10agency. A social welfare agency that obtains information under this paragraph shall
11keep the information confidential as required under this section and s. 48.78. A law
12enforcement agency, victim-witness coordinator, or fire investigator, that obtains
13information under this paragraph shall keep the information confidential as
14required under ss. 48.396 (1) and 938.396 (1). A health care provider that obtains
15information under this paragraph shall keep the information confidential as
16provided under s. 146.82. A public school that obtains information under this
17paragraph shall keep the information confidential as required under s. 118.125, and
18a private school that obtains information under this paragraph shall keep the
19information confidential in the same manner as is required of a public school under
20s. 118.125. Paragraph (a) does not apply to the confidential exchange of information
21between an agency and officials of a tribal school regarding an individual in the care
22or legal custody of the agency if the agency determines that enforceable protections
23are provided by a tribal school policy or tribal law that requires tribal school officials
24to keep the information confidential in a manner at least as stringent as is required
25of a public school official under s. 118.125.
SB21-SSA1,4714g
1Section 4714g. 938.78 (2) (L) of the statutes is created to read:
SB21-SSA1,1443,32
938.78
(2) (L) 1. In this paragraph, "qualified independent researcher" means
3a faculty member of a university who satisfies all of the following:
SB21-SSA1,1443,64
a. The faculty member has an approved protocol from an institutional review
5board for human subjects research to work with data containing personal
6information for the purposes of evaluating the program under s. 119.23.
SB21-SSA1,1443,97
b. The faculty member has received from the state and properly managed data
8containing personal information for the purposes of evaluating the program under
9s. 119.23 before the effective date of this subd. 1. b. .... [LRB inserts date].
SB21-SSA1,1443,1810
2. Notwithstanding par. (a), the department of children and families shall
11permit a qualified independent researcher to have access to any database
12maintained by the department of children and families for the purpose of
13cross-matching information contained in any such database with a database that
14both is in the possession of the qualified independent researcher and contains
15information regarding pupils participating in the program under s. 119.23. The
16department of children and families may charge a fee to the qualified independent
17researcher for the information that does not exceed the cost incurred by the
18department of children and families to provide the information.
SB21-SSA1,4714h
19Section 4714h. 938.78 (3) of the statutes is amended to read:
SB21-SSA1,1444,1520
938.78
(3) Release of information when escape or absence; rules. If a juvenile
21adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
22of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
23or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
24or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28,
25941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2)
1(a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2),
2948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a
3juvenile correctional facility, residential care center for children and youth, inpatient
4facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of
5a county jail, or from the custody of a peace officer or a guard of such a facility, center,
6or jail, or has been allowed to leave a juvenile correctional facility, residential care
7center for children and youth, inpatient facility, juvenile detention facility, or
8juvenile portion of a county jail for a specified time period and is absent from the
9facility, center, home, or jail for more than 12 hours after the expiration of the
10specified period, the department
of corrections or county department
having,
11whichever has supervision over the juvenile
, may release the juvenile's name and
12any information about the juvenile that is necessary for the protection of the public
13or to secure the juvenile's return to the facility, center, home, or jail. The department
14of corrections shall promulgate rules establishing guidelines for the release of the
15juvenile's name or information about the juvenile to the public.
SB21-SSA1,4714j
16Section 4714j. 938.993 of the statutes is amended to read: