2005 Wisconsin Act 344

2. Makes nonsubstantive editorial changes to modernize language and for consistency with current drafting style.

3. Revises section titles, where appropriate, and provides for subsection titles throughout the chapter.

4. Clarifies ambiguous language.

5. Makes substantive changes the special committee concluded are relatively noncontroversial.

The special committee explicitly intends that, unless expressly noted, the bill makes no substantive changes in the statutory provisions treated by this bill. Substantive changes in the bill are identified by Notes to the provisions substantively affected. If a question arises about the effect of any modification made by this bill, the special committee intends that the revisions in the bill be construed to have the same effect as the prior statutes.

344,1 Section 1. 16.27 (7) of the statutes is amended to read:

16.27 (7) Individuals in state prisons or secured juvenile facilities. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).

Note: See the Notes to s. 938.02 (15g), (15m) (renumbered to (10p)), and (15p), stats., as affected by this bill.

344,2 Section 2. 16.51 (7) of the statutes is amended to read:

16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in secured juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in secured juvenile correctional facilities, as defined in s. 938.02 (15m) (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a secured juvenile correctional facility and for certain expenses incurred or paid by it in reference to holding those juveniles in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

344,3 Section 3. 16.971 (13) of the statutes is amended to read:

16.971 (13) Provide secured juvenile correctional facilities, school districts, and cooperative educational service agencies with telecommunications access under s. 16.997 and contract with telecommunications providers to provide that access.

344,4 Section 4. 16.99 (2g) of the statutes is amended to read:

16.99 (2g) "Educational agency" means a school district, charter school sponsor, secured juvenile correctional facility, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, public museum, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

344,5 Section 5. 16.99 (3r) of the statutes is renumbered 16.99 (3b) and amended to read:

16.99 (3b) "Secured Juvenile correctional facility" means the Southern Oaks Girls School, the Ethan Allen School, the Youth Leadership Training Center, and the Lincoln Hills School.

Note: Deletes reference to the Youth Leadership Training Center because the center no longer exists.

344,6 Section 6. 16.997 (2) (b) and (f) of the statutes are amended to read:

16.997 (2) (b) Establish eligibility requirements for an educational agency to participate in the program established under sub. (1), including a requirement that a charter school sponsor use data lines and video links to benefit pupils attending the charter school and a requirement that Internet access to material that is harmful to children, as defined in s. 948.11 (1) (b), is blocked on the computers of secured juvenile correctional facilities that are served by data links and video links subsidized under this section.

(f) Ensure that secured juvenile correctional facilities that receive access under this section to data lines and video links use them only for educational purposes.

344,7 Section 7. 19.35 (1) (am) 2. c. of the statutes is amended to read:

19.35 (1) (am) 2. c. Endanger the security, including the security of the population or staff, of any state prison under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), secured group home, as defined in s. 938.02 (15p), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or facility, specified under s. 980.065, for the institutional care of sexually violent persons.

344,8 Section 8. 20.410 (3) (c) and (jv) of the statutes are amended to read:

20.410 (3) (c) Reimbursement claims of counties containing secured juvenile correctional facilities. The amounts in the schedule to pay all valid claims made by county clerks of counties containing state juvenile correctional institutions facilities as provided in s. 16.51 (7).

(jv) Secure detention services. All moneys received from counties under s. 938.224 (3) (a) for holding juveniles in secure custody in secured juvenile correctional facilities under s. 938.224 (1).

344,9 Section 9. 20.505 (4) (tw) (title) of the statutes is amended to read:

20.505 (4) (tw) (title) Telecommunications access; secured juvenile correctional facilities.

344,10 Section 10. 46.057 (1) of the statutes is amended to read:

46.057 (1) The department shall establish, maintain , and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other secured juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health and family services, the department of corrections may transfer to the center any juvenile who has been placed in a secured juvenile correctional facility under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4) or (5) (e) in the same manner that the department of corrections transfers juveniles between other secured juvenile correctional facilities.

344,11 Section 11. 46.22 (1) (c) 1. b. of the statutes is amended to read:

46.22 (1) (c) 1. b. `State institutions.' The Mendota Mental Health Institute, the Winnebago Mental Health Institute, centers for the developmentally disabled, and Type 1 secured juvenile correctional facilities, as defined in s. 938.02 (19).

344,12 Section 12. 46.22 (1) (c) 1. c. of the statutes is amended to read:

46.22 (1) (c) 1. c. `Other institution.' University of Wisconsin Hospitals and Clinics and secured child caring institutions residential care centers for children and youth, as defined in s. 938.02 (15g).

344,13 Section 13. 48.02 (16) of the statutes is renumbered 48.02 (10r) and amended to read:

48.02 (10r) "Secure Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.

344,14 Section 14. 48.067 (2) of the statutes is amended to read:

48.067 (2) Interview, unless impossible, any child or expectant mother of an unborn child who is taken into physical custody and not released, and when appropriate interview other available concerned parties. If the child cannot be interviewed, the intake worker shall consult with the child's parent or a responsible adult. If an adult expectant mother of an unborn child cannot be interviewed, the intake worker shall consult with an adult relative or friend of the adult expectant mother. No child may be placed in a secure juvenile detention facility unless the child has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the child is or the hour is unreasonable, as defined by written court intake rules, and if the child meets the criteria under s. 48.208, the intake worker, after consulting by telephone with the law enforcement officer who took the child into custody, may authorize the secure holding of the child while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the child was taken into custody.

344,15 Section 15. 48.208 (intro.) of the statutes is amended to read:

48.208 Criteria for holding a child in a secure juvenile detention facility. (intro.) A child may be held in a secure juvenile detention facility if the intake worker determines that one of the following conditions applies:

344,16 Section 16. 48.209 (intro.), (1) (intro.) and (a) and (2) of the statutes are amended to read:

48.209 Criteria for holding a child in a county jail. (intro.) Subject to the provisions of s. 48.208, a county jail may be used as a secure juvenile detention facility if the criteria under either sub. (1) or (2) are met:

(1) (intro.) There is no other secure juvenile detention facility approved by the department of corrections or a county which is available and:

(a) The jail meets the standards for secure juvenile detention facilities established by the department of corrections;

(2) The child presents a substantial risk of physical harm to other persons in the secure juvenile detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The provisions conditions of sub. (1) (a) to (e) shall be met. The child shall be given a hearing and transferred only upon order of the judge.

344,17 Section 17. 48.23 (1m) (a) of the statutes is amended to read:

48.23 (1m) (a) Any child held in a secure juvenile detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver.

344,18 Section 18. 48.236 (4) (a) of the statutes is amended to read:

48.236 (4) (a) Inspect any reports and records relating to the child who is the subject of the proceeding, the child's family, and any other person residing in the same home as the child that are relevant to the subject matter of the proceeding, including records discoverable under s. 48.293, examination reports under s. 48.295 (2), law enforcement reports and records under ss. 48.396 (1) and 938.396 (1) (a), court records under ss. 48.396 (2) (a) and 938.396 (2) (a), social welfare agency records under ss. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under s. 48.981 (7) (a) 11r., and pupil records under s. 118.125 (2) (L). The order shall also require the custodian of any report or record specified in this paragraph to permit the court-appointed special advocate to inspect the report or record on presentation by the court-appointed special advocate of a copy of the order. A court-appointed special advocate that obtains access to a report or record described in this paragraph shall keep the information contained in the report or record confidential and may disclose that information only to the court. If a court-appointed special advocate discloses any information to the court under this paragraph, the court-appointed special advocate shall also disclose that information to all parties to the proceeding. If a court-appointed special advocate discloses information in violation of the confidentiality requirement specified in this paragraph, the court-appointed special advocate is liable to any person damaged as a result of that disclosure for such damages as may be proved and, notwithstanding s. 814.04 (1), for such costs and reasonable actual attorney fees as may be incurred by the person damaged.

344,19 Section 19. 48.366 (1) (a) and (b) of the statutes are amended to read:

48.366 (1) (a) Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21, 940.225 (1) (a) to (c), 948.03, or 948.04, is adjudged delinquent on that basis, and is placed in a secured juvenile correctional facility under s. 48.34 (4m), 1993 stats., the court shall enter an order extending its jurisdiction as follows:

(b) Subject to par. (c), if the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured juvenile 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.

344,20 Section 20. 48.366 (8) of the statutes is amended to read:

48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured juvenile 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, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). 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), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in s. 301.16 (1n).

Note: See the Note to s. 938.357 (4) (d), stats., as affected by this bill.

344,21 Section 21. 48.38 (2) (intro.) and (g) and (3) of the statutes are amended to read:

48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, residential care center for children and youth, secure juvenile detention facility, or shelter care facility, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

(g) The child's parent is placed in a foster home, treatment foster home, group home, residential care center for children and youth, secure juvenile detention facility, or shelter care facility and the child is residing with that parent.

(3) Time. Subject to s. 48.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the child was first removed from his or her home, except that if the child is held for less than 60 days in a secure juvenile detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.

344,22 Section 22. 48.396 (1) of the statutes is amended to read:

48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), 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 or adult expectant mother 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 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

344,23 Section 23. 48.396 (2) (f) of the statutes is repealed.

Note: Repeals s. 48.396 (2) (f), stats., and places the substance of that provision into s. 938.396 (2) (em), stats., because s. 48.396 (2) (f), stats., is outmoded with the advent of ch. 938 in that ch. 938 covers juveniles who are in need of protection or services based on a delinquent act.

344,24 Section 24. 48.66 (1) (b) and (c) of the statutes are amended to read:

48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. The department of corrections may also license not more than 5 county departments, as defined in s. 938.02 (2g), or not more than 5 consortia of county departments to operate not more than 5 group homes that have been licensed under par. (a) as secured group homes, as defined in s. 938.02 (15p), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m) and referred to the county department by the court and to provide supervision, care and maintenance for those juveniles.

(c) A license issued under par. (a) or (b), other than a license to operate a foster home, treatment foster home, or secured child caring institution or secured group home residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home, or secured child caring institution or secured group home residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable.

Note: Repeals the last sentence in s. 48.66 (1) (b), stats., to reflect the deletion of references to secure group homes. See the Note to s. 938.02 (15p), stats., as affected by this bill.

344,25 Section 25. 48.66 (2m) (am) 1. and (bm) of the statutes are amended to read:

48.66 (2m) (am) 1. Except as provided in subd. 2., the department of corrections shall require each applicant for a license under sub. (1) (b) to operate a secured child caring institution residential care center for children and youth who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.

(bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under sub. (1) (b) to operate a secured child caring institution residential care center for children and youth to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (am) 2.

344,26 Section 26. 48.715 (6) of the statutes is amended to read:

48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility, or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution residential care center for children and youth, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

344,27 Section 27. 48.78 (2) (b) of the statutes is amended to read:

48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

344,28 Section 28. 48.981 (1) (b) of the statutes is amended to read:

48.981 (1) (b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 child caring institution residential care center for children and youth or a Type 2 secured juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the halfway house program under s. 301.0465, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health and family services, or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.

344,29 Section 29. 49.35 (1) (b) of the statutes is amended to read:

49.35 (1) (b) All records of the department and all county records relating to programs under this subchapter and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of the services and public assistance specified in this paragraph shall be open to inspection at all reasonable hours by authorized representatives of the department.

344,30 Section 30. 50.39 (3) of the statutes is amended to read:

50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, secured juvenile correctional facilities as defined in s. 938.02 (15m) (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

344,31 Section 31. 51.01 (14k) of the statutes is amended to read:

51.01 (14k) "Secured child caring institution residential care center for children and youth" has the meaning given in s. 938.02 (15g).

344,32 Section 32. 51.01 (14m) of the statutes is renumbered 51.01 (10m) and amended to read:

51.01 (10m) "Secured Juvenile correctional facility" has the meaning given in s. 938.02 (15m) (10p).

344,33 Section 33. 51.01 (14p) of the statutes is repealed.

Note: Deletes the definition of "secured group home" in s. 51.01 (14p), stats. See the Note to s. 938.02 (15p), stats., as affected by this bill.

344,34 Section 34. 51.05 (2) of the statutes is amended to read:

51.05 (2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in under s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

344,35 Section 35. 51.30 (4) (b) 9. of the statutes is amended to read:

51.30 (4) (b) 9. To a facility which is to receive an individual who is involuntarily committed under this chapter, ch. 48, 938, 971, or 975 upon transfer of the individual from one treatment facility to another. Release of records under this subdivision shall be limited to such treatment records as are required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but it may not include the patient's complete treatment record. The department shall promulgate rules to implement this subdivision.