1995 Wisconsin Act 352

352,28m Section 28m. 118.125 (2) (n) of the statutes, as created by 1995 Wisconsin Act 77, is repealed.

352,29 Section 29 . 118.125 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly bill 609), is amended to read:

118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain law enforcement officers' records and other information obtained under s. 938.396 (1m) (a) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.

352,30 Section 30 . 118.125 (5) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

118.125 (5) (b) Law enforcement officers' records and other information obtained under s. 938.396 (1m) and records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall not be used as the sole basis for expelling or suspending a pupil.

352,31 Section 31 . 118.127 (title) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

118.127 (title) Law enforcement officers' records agency information.

352,32 Section 32 . 118.127 (1) of the statutes, as affected by 1995 Wisconsin Act 77 and .... (Assembly Bill 609), is amended to read:

118.127 (1) Upon receipt of information from a law enforcement officers' records obtained agency under s. 938.396 (1m) (a), the school district administrator shall notify any pupil named in the records information, and the parent or guardian of any minor pupil named in the records information, of the information.

352,33 Section 33 . 118.127 (2) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly Bill 609), is amended to read:

118.127 (2) A school district shall use information from law enforcement officers' records obtained under s. 938.396 (1m) (a) 1. for the purpose of providing alcohol and other drug abuse programs for pupils enrolled in the school district. A school district shall not use law enforcement officers' records obtained under s. 938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.

352,34 Section 34 . 118.127 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

118.127 (3) A school district shall use information from law enforcement officers' records obtained under s. 938.396 (1m) (b) for legitimate educational or safety purposes, including safety purposes, and for the purpose of providing treatment programs for pupils enrolled in the school district. A school district shall not use law enforcement officers' records obtained under s. 938.396 (1m) (b) as the sole basis for expelling or suspending a pupil.

352,35 Section 35 . 118.127 (3) of the statutes, as created by 1995 Wisconsin Act .... (Assembly Bill 609), is renumbered 118.127 (2m) and amended to read:

118.127 (2m) A school district may disclose information from peace law enforcement officers' records obtained under s. 48.396 (1m) (a) 2. 938.396 (1m) (am) relating to a pupil of the school district as provided in s. 118.125 (2) (d). A school district may disclose information from peace officers' records obtained under s. 48.396 (1m) (a) 2. 938.396 (1m) (am) relating to a person who is not a pupil of the school district to any person employed by the school district who is required by the department under s. 115.28 (7) to hold a license and to other school district officials who have been determined by the school board to have legitimate safety interests in that information. A school district shall not use law enforcement officers' records obtained under s. 938.396 (1m) (am) as the sole basis for expelling or suspending a pupil.

352,36 Section 36 . 118.163 (2) (intro.) of the statutes is amended to read:

118.163 (2) (intro.)  A county, city, village or town may enact an ordinance prohibiting a child person under 18 years of age from being a habitual truant. The ordinance shall provide which of the following dispositions are available to the court:

352,37 Section 37 . 118.163 (2) (a) of the statutes is amended to read:

118.163 (2) (a) Suspension of the child's person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

352,38 Section 38 . 118.163 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

118.163 (2) (b) An order for the child person to participate in counseling or a supervised work program or other community service work under s. 938.34 (5g).

352,39 Section 39 . 118.163 (2) (c) of the statutes is amended to read:

118.163 (2) (c) An order for the child person to remain at home except during hours in which the child person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a child person to leave his or her home if the child person is accompanied by a parent or guardian.

352,40 Section 40 . 118.163 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

118.163 (2) (d) An order for the child person to attend an educational program under s. 938.34 (7d).

352,41 Section 41 . 118.163 (2) (e) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

118.163 (2) (e) An order for the department of industry, labor and human relations to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the child person.

352,42 Section 42 . 118.163 (2) (f) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

118.163 (2) (f) An order for the juvenile person to be placed in a teen court program as described in s. 938.342 (1) (f).

352,43 Section 43 . 118.163 (2m) of the statutes is amended to read:

118.163 (2m) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of a child person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the child's person's operating privilege, as defined in s. 340.01 (40), until the child person reaches the age of 18. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

352,44 Section 44 . 134.66 (2) (a) of the statutes is amended to read:

134.66 (2) (a) No retailer, manufacturer or distributor may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in s. 48.983 938.983 (3). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

352,45 Section 45 . 134.66 (2) (b) of the statutes is amended to read:

134.66 (2) (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and s. 48.983 938.983.

2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under s. 48.983 938.983 and that the purchaser is subject to a forfeiture of not to exceed $25.

352,46 Section 46 . 146.81 (5) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

146.81 (5) “Person authorized by the patient" means the parent, guardian or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m) or (4n), the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4), the personal representative or spouse of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

352,47 Section 47 . 301.08 (1) (b) 3. of the statutes is created to read:

301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the supervision, maintenance and operation of secured correctional facilities, as defined in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d), (4h) or (4m). The department may designate a secured correctional facility, child caring institution or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).

352,48 Section 48 . 301.26 (4) (cm) 1. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any child 10 years of age or over who has been placed in a juvenile correctional institution or a secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

352,48m Section 48m. 302.365 (1) (a) 3. of the statutes is created to read:

302.365 (1) (a) 3. Policies and procedures for providing educational programming for prisoners under 18 years of age. The rules shall establish functional objectives for educational programming for those prisoners, but may not require jails or houses of correction to use only one particular method to meet the objectives.

352,48p Section 48p. 302.38 (1) of the statutes, as affected by 1995 Wisconsin Act 43, is amended to read:

302.38 (1) If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol the sheriff, superintendent or other keeper of the jail or house of correction shall provide appropriate care or treatment and may transfer the prisoner to a hospital or to an approved treatment facility under s. 51.45 (2) (b) and (c), making provision for the security of the prisoner. The sheriff, superintendent or other keeper may provide appropriate care or treatment under this subsection for a prisoner under 18 years of age and may transfer a prisoner under 18 years of age under this subsection without obtaining the consent of the prisoner's parent, guardian or legal custodian. The sheriff, superintendent or other keeper may charge a prisoner for the costs of providing medical care to the prisoner while he or she is in the jail or house of correction. If the sheriff or other keeper maintains a personal money account for an inmate's use for payment for items from canteen, vending or similar services, the sheriff or other keeper may make deductions from the account to pay for the charges under this subsection.

352,49 Section 49. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 938.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

352,50 Section 50 . 304.06 (1z) of the statutes, as created by 1995 Wisconsin Act 77, is repealed.

352,51 Section 51 . 778.25 (1) (a) 4. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

778.25 (1) (a) 4. Under s. 48.983 938.983 brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

352,52 Section 52 . 895.035 (2m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32, 938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the child will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the child or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim's insurer.

352,53 Section 53 . 895.034 (2m) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

895.035 (2m) (b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the child will not pay the forfeiture as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

352,53m Section 53m. 938.02 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.02 (1) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained 17 years of age.

352,53p Section 53p. 938.02 (10m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.02 (10m) “Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

352,54 Section 54 . 938.02 (15m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.02 (15m) “Secured correctional facility" means a correctional institution operated or contracted for by the department for holding in secure custody persons adjudged delinquent. “Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3) (b) and a facility authorized under s., 938.538 (4) (b) or 938.539 (5).

352,55 Section 55 . 938.02 (19) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.02 (19) “Type 1 secured correctional facility" means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or, 938.538 (4) (b) or 938.539 (5).

352,56 Section 56 . 938.02 (19r) of the statutes is created to read:

938.02 (19r) “Type 2 child caring institution" means a child caring institution that is designated by the department to provide care and maintenance for juveniles who have been placed in the child caring institution under the supervision of a county department under s. 938.34 (4d).

352,57 Section 57 . 938.02 (20) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.02 (20) “Type 2 secured correctional facility" means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or, 938.538 (4) (b) or 938.539 (5).

352,58 Section 58 . 938.028 of the statutes is created to read:

938.028 Custody of Indian children. The Indian child welfare act, 25 USC 1911 to 1963, supercedes the provisions of this chapter in any child custody proceeding governed by that act.

352,59 Section 59 . 938.065 (3) (f) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.065 (3) (f) Make any dispositional order under s. 938.34 (4d), (4h) or (4m).

352,60 Section 60 . 938.08 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

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

1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or secured child caring institution.

2. If the juvenile has failed to return to a secured correctional facility or secured child caring institution after any authorized absence.

(b) A juvenile taken into custody under par. (a) may be returned directly to the secured correctional facility or secured child caring institution and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

352,61 Section 61 . 938.17 (2) (h) 4. of the statutes is created to read:

938.17 (2) (h) 4. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under s. 938.355 (6) (d) 1. or 3.

352,62 Section 62 . 938.18 (2m) of the statutes is created to read:

938.18 (2m) The court may designate an agency, as defined in s. 938.38 (1) (a), to submit a report analyzing the criteria specified in sub. (5). The agency shall file the report with the court and the court shall cause copies of the report to be given to the juvenile, any parent, guardian or legal custodian of the juvenile and counsel at least 3 days before the hearing. The court may rely on facts stated in the report in making its findings with respect to the criteria under sub. (5).

352,63 Section 63 . 938.18 (2r) of the statutes, as created by 1995 Wisconsin Act 77, is repealed.

352,64 Section 64 . 938.18 (7) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.18 (7) If the juvenile absconds and does not appear at the waiver hearing, the court may proceed with the waiver hearing as provided in subs. (4) to (6) in the juvenile's absence. If the waiver is granted, the juvenile may contest that waiver when the juvenile is apprehended by showing the court of criminal jurisdiction good cause for his or her failure to appear. If the court of criminal jurisdiction finds good cause for the juvenile's failure to appear, that court shall transfer jurisdiction to the court assigned to exercise jurisdiction under this chapter and ch. 48 for the purpose of holding the waiver hearing.

352,65 Section 65 . 938.183 (1) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility, a secured child caring institution or a secured adolescent treatment unit under s. 46.043 or who has been adjudicated delinquent and has who is alleged to have committed a violation of s. 940.20 (2m).

352,66 Section 66 . 938.183 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (1) (b) A juvenile who is alleged to have violated any state criminal law if the juvenile has been convicted of a previous violation following waiver of jurisdiction under s. 48.18, 1993 stats., or s. 938.18 by the court assigned to exercise jurisdiction under this chapter and ch. 48 or if the court assigned to exercise jurisdiction under this chapter and ch. 48 has waived its jurisdiction over the juvenile for a previous violation and criminal proceedings on that previous violation are still pending.

352,67 Section 67 . 938.183 (1m) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.183 (1m) (intro.) and amended to read:

938.183 (1m) (intro.) Notwithstanding subchs. IV to VI, a juvenile described in sub. (1) is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, unless except as follows: