1997 Wisconsin Act 27

(2) (a) A contract under sub. (1) shall require all of the following:

1. That the private secure detention facility meet or exceed the minimum requirements for the approval and operation of a secure detention facility established by the department by rules promulgated under s. 938.22 (2) (a) and that the private secure detention facility be approved by the department under s. 301.36.

2. That the private secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a public secure detention facility.

(b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

1. The rates to be paid by the county for holding a juvenile in the private secure detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure detention facility.

2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure detention facility.

3. An agreement that the private secure detention facility is subject to investigation and inspection by the department under s. 301.36.

4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.

27,5254 Section 5254 . 938.223 (1) of the statutes is amended to read:

938.223 (1) The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure detention facility for the use of one or more Minnesota secure detention facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

27,5255 Section 5255 . 938.224 of the statutes is created to read:

938.224 Contracts with department for secure detention facility services. (1) The county board of supervisors of any county may contract with the department for the use of a secured correctional facility operated by the department for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

(2) A contract under sub. (1) shall require all of the following:

(a) That the county may use a secured correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:

1. There is no county-operated secure detention facility approved by the department within 40 miles of the county seat of the county.

2. There is no bed space available in a county-operated secure detention facility approved by the department within 40 miles of the county seat of the county.

(b) That the county may use a secured correctional facility for holding a juvenile under sub. (1) only if the department approves that use based on the availability of beds in the secured correctional facility and on the programming needs of the juvenile.

(3) In addition to the requirements under sub. (2), a contract under sub. (1) shall include all of the following:

(a) The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department.

(b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting county and the department.

(4) A juvenile held in custody under sub. (1) is under the supervision and control of the department and is subject to the rules and discipline of the department.

27,5257m Section 5257m. 938.30 (6) of the statutes is amended to read:

938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

27,5258m Section 5258m. 938.31 (7) of the statutes is amended to read:

938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

27,5259 Section 5259 . 938.33 (3) (b) of the statutes is amended to read:

938.33 (3) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for the establishment of child support.

27,5260 Section 5260 . 938.33 (4) (b) of the statutes is amended to read:

938.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for the establishment of child support.

27,5263 Section 5263 . 938.34 (8d) of the statutes is created to read:

938.34 (8d) Delinquency victim and witness assistance surcharge. (a) In addition to any other disposition imposed under this section, the court shall impose a delinquency victim and witness assistance surcharge of $20.

(b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

(c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a surcharge imposed by the court. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

27,5265 Section 5265 . 938.345 (1) (c) of the statutes is amended to read:

938.345 (1) (c) Order payment of a forfeiture or surcharge.

27,5266 Section 5266 . 938.355 (2) (b) 4. of the statutes is amended to read:

938.355 (2) (b) 4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for establishment of child support.

27,5267 Section 5267 . 938.357 (4) (b) 2. of the statutes is amended to read:

938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 3m. 2., 3. or 4., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

27,5268 Section 5268 . 938.357 (4) (d) of the statutes is created to read:

938.357 (4) (d) The department may transfer a juvenile who is subject to an order under s. 48.366, 1993 stats., 938.183 or 938.34 (4h) and is placed in a Type 1 secured correctional facility to the Racine youthful offender correctional facility named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile offender review in the department has determined that the conduct of the juvenile in the Type 1 secured correctional facility presents a serious problem to the juvenile or others. The factors that the office of juvenile offender review may consider in making that determination shall include, but are not limited to, whether and to what extent the juvenile's conduct in the Type 1 secured correctional facility is violent and disruptive, the security needs of the Type 1 secured correctional facility and whether and to what extent the juvenile is refusing to cooperate or participate in the treatment programs provided for the juvenile in the Type 1 secured correctional facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding the department's exercise of authority under this paragraph unless the department provides for a hearing by rule. A juvenile may seek review of a decision of the department under this paragraph only by the common law writ of certiorari. If the department transfers a juvenile under this paragraph, the department shall send written notice of the transfer to the parent, guardian, legal custodian and committing court.

27,5269 Section 5269 . 938.357 (4g) (b) of the statutes is amended to read:

938.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or secured child caring institution for a period exceeding 8 months or if the juvenile is subject to s. 48.366 or 938.183 (2). If the department waives that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.

27,5270m Section 5270m. 938.357 (5m) of the statutes is amended to read:

938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

27,5271m Section 5271m. 938.36 (1) (a) of the statutes is amended to read:

938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183 (2), 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or 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 juvenile 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, 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).

27,5272m Section 5272m. 938.36 (1) (b) of the statutes is amended to read:

938.36 (1) (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 under s. 49.22 (2m) to the department of health and family services workforce development, or the county child and spousal support agency, under s. 46.25 (2m) 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile'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.

27,5275 Section 5275 . 938.365 (2g) (a) of the statutes is amended to read:

938.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the juvenile shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the juvenile's rehabilitation or care and treatment. The office of juvenile offender review program may file a written report regarding any juvenile examined by the program.

27,5275g Section 5275g. 938.396 (1m) (a) of the statutes is amended to read:

938.396 (1m) (a) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a pupil juvenile enrolled in the public school district. The information shall be used by the school district as provided under s. 118.127 (2).

27,5275h Section 5275h. 938.396 (1m) (am) of the statutes is amended to read:

938.396 (1m) (am) If requested by a school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district as provided in s. 118.127 (2).

27,5275k Section 5275k. 938.396 (1m) (ar) of the statutes is created to read:

938.396 (1m) (ar) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed an act that is a violation specified in s. 938.34 (4h) (a). The information shall be used by the school district as provided in s. 118.127 (2).

27,5275m Section 5275m. 938.396 (1m) (b) of the statutes is amended to read:

938.396 (1m) (b) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may disclose, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the act for which a juvenile enrolled in the public school district was adjudged delinquent. The information shall be used by the school district as provided in s. 118.127 (3) (2).

27,5277 Section 5277 . 938.48 (4) of the statutes is amended to read:

938.48 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the secretary of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the secretary of education state superintendent of public instruction.

27,5278 Section 5278 . 938.48 (14) of the statutes is amended to read:

938.48 (14) Pay maintenance, tuition and related expenses from the appropriation under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result of a judicial decision.

27,5279 Section 5279 . 938.53 of the statutes is amended to read:

938.53 Duration of control of department over delinquents. Except as provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have been placed under the supervision of the department under s. 938.183, 938.34 (4h), (4m), (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the department retain supervision.

27,5280m Section 5280m. 938.533 (2) of the statutes is amended to read:

938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99, or an average daily population of more than 105 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99 if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions to serve more than those average daily populations are otherwise available, in not less than 3 counties, including Milwaukee County. The office of juvenile offender review program in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

27,5281 Section 5281 . 938.538 (3) (a) 1. of the statutes is amended to read:

938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

27,5282 Section 5282 . 938.538 (3) (a) 1m. of the statutes is amended to read:

938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

27,5283 Section 5283 . 938.538 (5) (a) of the statutes is amended to read:

938.538 (5) (a) The office of juvenile offender review program in the division of juvenile corrections in the department may release a participant to aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare supervision of the participant shall be provided by the department.

27,5284 Section 5284 . 938.538 (5) (c) of the statutes is amended to read:

938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in s. 302.01.

27,5285 Section 5285 . 938.57 (1) (c) of the statutes is amended to read:

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 or contracting for services for them by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions 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 secretary of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the secretary of education state superintendent of public instruction.

27,5286 Section 5286 . 938.57 (4) of the statutes is amended to read:

938.57 (4) A county department may provide aftercare supervision under s. 48.34 938.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

27,5336m Section 5336m. 943.60 (1) of the statutes is amended to read:

943.60 (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is guilty of a Class E D felony.

27,5339j Section 5339j. 943.75 (3) of the statutes is amended to read:

943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

27,5340 Section 5340 . 944.21 (8) (b) 3. a. of the statutes is amended to read:

944.21 (8) (b) 3. a. Is a technical college, is a school approved by the department of education educational approval board under s. 38.51 39.51 or is a school described in s. 38.51 39.51 (9) (f), (g) or (h); and

27,5341 Section 5341 . 945.01 (5) (am) of the statutes is amended to read:

945.01 (5) (am) “Lottery" does not include bingo or a raffle conducted under ch. 563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any multistate multijurisdictional lottery conducted under ch. 565.

27,5342 Section 5342 . 945.095 (1) (d), (f), (g) and (h) of the statutes are amended to read: