1995 Wisconsin Act 27

27,2466d Section 2466d. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

27,2466g Section 2466g. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), section 2466d, is repealed and recreated to read:

48.355 (4) (b) An order under s. 48.34 (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make the order apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.

27,2466m Section 2466m. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), sections 2466d and 2466g, is amended to read:

48.355 (4) (b) An order under s. 48.34 (4h) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make the order an order under s. 48.34 apply for up to 2 years or until the child's 18th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4h) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

27,2466p Section 2466p. 48.357 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.357 (4) (a) and amended to read:

48.357 (4) (a) When the child is placed with the department of corrections, the department of corrections may, after an examination under s. 48.50 48.555, place the child in a secured correctional facility or in a secured child caring institution or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court. A child is who placed in a secured child caring institution remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

27,2466r Section 2466r. 48.357 (4) (b) of the statutes is created to read:

48.357 (4) (b) The child welfare agency that is operating a secured child caring institution in which a child has been placed under par. (a) may place the child in a less restrictive placement or in a secured correctional facility and may transfer the child between secured child caring institutions, without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037, except that a child welfare agency is not entitled to receive payment for time that a child is placed in a secured correctional facility.

27,2466t Section 2466t. 48.357 (4d) of the statutes is created to read:

48.357 (4d) If a child who is placed in a child caring institution as a result of a delinquency adjudication violates a rule of the child caring institution or is otherwise in need of crisis intervention, the child welfare agency operating the child caring institution shall notify the department of corrections and may, without a hearing under sub. (1), place the child in a secured correctional facility or in a secure detention facility for not more than 30 days. The department shall send written notice of the change to the parent, guardian, legal custodian and committing court. If a child is placed in a secured correctional facility or secure detention facility under this subsection, the child welfare agency operating the child caring institution in which the child was placed shall reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, or county operating the secure detention facility at the rate established by that county for the cost of the child's care while placed in the secured correctional facility or secure detention facility under this subsection.

27,2467 Section 2467 . 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

48.357 (4g) (a) Not later than 120 days after the date on which the child is placed in a secured correctional facility, or not less than 30 days before the date on which the department of corrections determines that the child is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare provider designated under s. 48.34 (4n) is a county department, that county department shall submit the aftercare plan to the department of corrections within the time limits specified in this paragraph, unless the department of corrections waives those time limits under par. (b).

27,2467d Section 2467d. 48.357 (4g) (b) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

48.357 (4g) (b) The department of corrections may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the that department anticipates that the child will remain in the secured correctional facility for a period exceeding 8 months, if the child is subject to extended jurisdiction under s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If the department of corrections has waived the time period within which an aftercare plan must be prepared and submitted and if there will be a reasonable time period after release from the secured correctional facility or from corrective sanctions supervision during which the child may remain subject to court jurisdiction, the that department shall notify the county department providing aftercare supervision of the anticipated release date not less than 60 days before the date on which the child will be eligible for release. If the department of corrections waives the time limits specified under par. (a), the aftercare plan shall be prepared by the that department or prepared and submitted by the county department providing aftercare supervision on or before the date on which the child becomes eligible for release.

27,2467m Section 2467m. 48.357 (4m) of the statutes is amended to read:

48.357 (4m) The department of corrections shall try to release a child to aftercare or corrective sanctions supervision under sub. (4) within 30 days after the date the that department determines the child is eligible for the release.

27,2467p Section 2467p. 48.357 (5) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.357 (5) (a) The department of corrections or a county department, whichever has been designated as a child's aftercare provider under s. 48.34 (4n), may revoke the aftercare status of that child. The department of corrections may revoke a child's placement in the community under corrective sanctions supervision. Revocation of aftercare or corrective sanctions supervision shall not require prior notice under sub. (1).

27,2467r Section 2467r. 48.357 (5) (g) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

48.357 (5) (g) The department of corrections shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a child's aftercare or corrective sanctions status. The standards shall specify that the burden is on the department of corrections or county department seeking revocation to show by a preponderance of the evidence that the child violated a condition of aftercare or corrective sanctions supervision.

27,2468 Section 2468 . 48.36 (1) of the statutes is amended to read:

48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of health and social services, the department of corrections, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

(b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

27,2469m Section 2469m. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare, or corrective sanctions or youthful offender supervision. Revocation and other changes in placement may take place only under s. 48.357 or, for a child who is a participant in the youthful offender program, s. 48.537.

27,2469p Section 2469p. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare, corrective sanctions or serious juvenile offender supervision. Revocation and other changes in placement may take place only under s. 48.357 or, for a child who is a participant in the serious juvenile offender program, s. 48.538.

27,2470 Section 2470 . 48.366 (1) (a) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction as follows:

27,2471 Section 2471 . 48.366 (1) (b) of the statutes is amended to read:

48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

27,2472 Section 2472 . 48.366 (1) (c) of the statutes is created to read:

48.366 (1) (c) A court may not enter an order extending its jurisdiction as provided in par. (a) or (b) with respect to any violation committed after June 30, 1996.

27,2472d Section 2472d. 48.366 (5) (a) 2. of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.366 (5) (a) 2. The department of corrections or county department ordered under s. 48.34 (4n) to provide aftercare supervision of the person.

27,2472g Section 2472g. 48.366 (5) (b) (intro.) of the statutes is amended to read:

48.366 (5) (b) (intro.) The department of corrections or county department may, at any time, file a petition proposing either release of a person subject to an order to aftercare supervision or revocation of the person's aftercare supervision. The petition shall set forth in detail:

27,2472j Section 2472j. 48.366 (5) (d) 1. of the statutes is amended to read:

48.366 (5) (d) 1. At the time the department of corrections or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has a right to request a hearing on the petition and, if the petition is for revocation of a person's aftercare supervision, that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the child was adjudged delinquent and the victim, if any, of the delinquent act.

27,2472m Section 2472m. 48.366 (5) (d) 2. of the statutes is amended to read:

48.366 (5) (d) 2. At the time a person subject to an order files a petition under par. (a), the person shall provide written notice of the petition to the department of corrections or county department, as applicable.

27,2472p Section 2472p. 48.366 (5) (f) of the statutes is amended to read:

48.366 (5) (f) If the court grants a petition to release a person to aftercare supervision and the person's county of residence is one in which the county department provides aftercare supervision, the department of corrections may contract with the county department under s. 46.036 301.08 (2) for aftercare supervision of the person.

27,2472r Section 2472r. 48.366 (6) (a) 2. of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.366 (6) (a) 2. The department of corrections or county department ordered under s. 48.34 (4n) to provide aftercare supervision of the person.

27,2472t Section 2472t. 48.366 (6) (b) of the statutes is amended to read:

48.366 (6) (b) The petition shall state the factual basis for the petitioner's belief that discharge will not pose a threat of bodily harm to other persons. The department of corrections or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.

27,2472v Section 2472v. 48.366 (6) (c) 1. of the statutes is amended to read:

48.366 (6) (c) 1. At the time the department of corrections or county department files a petition under par. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.

27,2472x Section 2472x. 48.366 (6) (c) 2. of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.366 (6) (c) 2. At the time a person subject to an order files a petition under par. (a), he or she shall provide written notice of the petition to the department of corrections or county department, whichever has been ordered under s. 48.34 (4n) to provide aftercare supervision of the person.

27,2472z Section 2472z. 48.366 (7) of the statutes is amended to read:

48.366 (7) Notice of hearing. Upon receipt of a request for a hearing under sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department of corrections and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state, the notice shall be mailed at least 14 days before the hearing.

27,2473 Section 2473 . 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 18 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

27,2473m Section 2473m. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01. If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

27,2474 Section 2474 . 48.38 (1) (a) of the statutes is amended to read:

48.38 (1) (a) “Agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency.

27,2475m Section 2475m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

27,2476 Section 2476 . 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or in the serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

27,2478 Section 2478 . 48.39 of the statutes is amended to read:

48.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 48.12 bars any future criminal proceeding on the same matter in circuit court when the child reaches the age of 18 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 48.18.

27,2479 Section 2479 . 48.396 (1) of the statutes is amended to read:

48.396 (1) Peace officers' records of children shall be kept separate from records of persons 18 or older adults. Peace officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 16 or older who are transferred to the criminal courts.

27,2480 Section 2480 . 48.396 (2) (b) of the statutes is amended to read:

48.396 (2) (b) Upon request of the department of health and social services, the department of corrections or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records for inspection by authorized representatives of the requesting department or federal agency.

27,2480m Section 2480m. 48.396 (2) (e) of the statutes is amended to read:

48.396 (2) (e) Upon request of the department of health and social services corrections to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of health and social services corrections the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

27,2495 Section 2495 . 48.432 (2) (a) of the statutes is amended to read:

48.432 (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file.

27,2496 Section 2496 . 48.432 (2) (b) of the statutes is amended to read:

48.432 (2) (b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.

27,2497 Section 2497 . 48.432 (3) (a) (intro.) of the statutes is amended to read:

48.432 (3) (a) (intro.) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request:

27,2498 Section 2498 . 48.432 (3) (b) of the statutes is amended to read:

48.432 (3) (b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.

27,2499 Section 2499 . 48.432 (3) (c) of the statutes is amended to read:

48.432 (3) (c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.

27,2500 Section 2500 . 48.432 (4) (a) of the statutes is amended to read:

48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.

27,2501 Section 2501 . 48.432 (4) (b) of the statutes is amended to read:

48.432 (4) (b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual's or adoptee's parents. Upon request by the department, an agency shall cooperate in the search and shall make its records available to the department. The department may not require an agency to conduct the search, but may designate an agency to do so with the agency's consent.

27,2502 Section 2502 . 48.432 (4) (d) of the statutes is amended to read:

48.432 (4) (d) The department, or agency designated by the department contracted with under par. (b) sub. (9), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.