Amendment SSA1-SB21

SB21-SSA1,1433,23 938.534 (1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of his or her participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

SB21-SSA1,4710e Section 4710e. 938.534 (1) (b) 2. of the statutes is amended to read:

SB21-SSA1,1434,23 938.534 (1) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

SB21-SSA1,4710f Section 4710f. 938.534 (2) of the statutes is amended to read:

SB21-SSA1,1435,7 938.534 (2) Rules for intensive supervision program. The department of corrections shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include provisions governing the use of placement in a juvenile detention facility, juvenile portion of a county jail, or place of nonsecure custody for not more than 72 hours under sub. (1) (b) and the use of placement in a place of nonsecure custody for not more than 30 days under sub. (1) (c).

SB21-SSA1,4710h Section 4710h. 938.535 of the statutes is amended to read:

SB21-SSA1,1435,16 938.535 Early release and intensive supervision program; limits. The department of corrections may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

SB21-SSA1,4710i Section 4710i. 938.538 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,1435,22 938.538 (2) Program administration and design. (intro.) The department of corrections shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h). The department of corrections shall design the program to provide all of the following:

SB21-SSA1,4710n Section 4710n. 938.538 (3) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1435,25 938.538 (3) (a) (intro.) The department of corrections shall provide each participant with one or more of the following sanctions:

SB21-SSA1,4711 Section 4711. 938.538 (3) (a) 2. of the statutes is amended to read:

SB21-SSA1,1436,3 938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions community supervision under s. 938.533 or aftercare supervision.

SB21-SSA1,4711e Section 4711e. 938.538 (3) (a) 9. of the statutes is amended to read:

SB21-SSA1,1436,6 938.538 (3) (a) 9. Other programs as prescribed by the department of corrections.

SB21-SSA1,4711h Section 4711h. 938.538 (4) of the statutes is amended to read:

SB21-SSA1,1436,23 938.538 (4) Institutional status. (a) A participant in the program under this section is under the supervision and control of the department of corrections, is subject to the rules and discipline of the that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department of corrections may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department of corrections is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

SB21-SSA1,1437,9 (b) The department of corrections shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The secretary of corrections may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from inspections required under s. 301.36.

SB21-SSA1,4712b Section 4712b. 938.538 (5) (a) of the statutes is amended to read:

SB21-SSA1,1437,15 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections 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 of corrections.

SB21-SSA1,4712bm Section 4712bm. 938.538 (5) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1437,23 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to aftercare community 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 Community supervision of the participant shall be provided by the department of corrections.

SB21-SSA1,4712c Section 4712c. 938.538 (5) (b) of the statutes is amended to read:

SB21-SSA1,1438,4 938.538 (5) (b) The department of corrections may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after he or she has completed 3 years in the serious juvenile offender program.

SB21-SSA1,4712e Section 4712e. 938.538 (6) of the statutes is amended to read:

SB21-SSA1,1438,11 938.538 (6) Purchase of services. The department of corrections may contract with the department of health services, the department of children and families, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the program under this section. The department of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) (cg).

SB21-SSA1,4713 Section 4713. 938.538 (6m) (b) of the statutes is amended to read:

SB21-SSA1,1438,23 938.538 (6m) (b) In the selection of classified service employees for a juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations shall provide guidelines for the administration of the selection procedure.

SB21-SSA1,4713c Section 4713c. 938.538 (7) of the statutes is amended to read:

SB21-SSA1,1439,2 938.538 (7) Rules. The department of corrections shall promulgate rules to implement this section.

SB21-SSA1,4713e Section 4713e. 938.539 (2) of the statutes is amended to read:

SB21-SSA1,1439,9 938.539 (2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department of corrections, is subject to the rules and discipline of the that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB21-SSA1,4713h Section 4713h. 938.539 (6) of the statutes is amended to read:

SB21-SSA1,1439,12 938.539 (6) Rule-making. The department of corrections shall promulgate rules to implement this section.

SB21-SSA1,4713i Section 4713i. 938.54 of the statutes is amended to read:

SB21-SSA1,1439,20 938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

SB21-SSA1,4713k Section 4713k. 938.547 (2) of the statutes is amended to read:

SB21-SSA1,1440,7 938.547 (2) Department responsibilities. Within the availability of funding under s. 20.437 (1) (mb) that is available for the pilot program, the department of children and families shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of children and families shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department of children and families shall select counties in accordance with the request-for-proposal procedures established by that the department. The department of children and families shall give a preference to county applications that include a plan for case management.

SB21-SSA1,4713n Section 4713n. 938.548 of the statutes is amended to read:

SB21-SSA1,1440,12 938.548 Multidisciplinary screen and assessment criteria. The department of children and families shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.

SB21-SSA1,4713q Section 4713q. 938.549 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1440,17 938.549 (1) Classification system; content. (intro.) The department of children and families, in consultation with the department of corrections, shall make available to all counties a juvenile classification system that includes at least all of the following:

SB21-SSA1,4713s Section 4713s. 938.57 (1) (g) of the statutes is amended to read:

SB21-SSA1,1440,20 938.57 (1) (g) Upon request of the department of corrections, provide service for any juvenile in the care of the that department.

SB21-SSA1,4714b Section 4714b. 938.57 (4) of the statutes is amended to read:

SB21-SSA1,1441,8 938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department or the department of corrections shall provide aftercare supervision for juveniles released from juvenile correctional facilities or secured residential care centers for children and youth 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 of corrections stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

SB21-SSA1,4714bm Section 4714bm. 938.57 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1441,23 938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department or the department of corrections shall will provide aftercare supervision for juveniles released from juvenile correctional facilities or secured residential care centers for children and youth or the department of corrections will provide community supervision for those juveniles, 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 of corrections stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

SB21-SSA1,4714e Section 4714e. 938.78 (1) of the statutes is amended to read:

SB21-SSA1,1442,3 938.78 (1) Definition. In this section, unless otherwise qualified, "agency" means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency.

SB21-SSA1,4714f Section 4714f. 938.78 (2) (b) 1. of the statutes is amended to read:

SB21-SSA1,1442,25 938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another agency, a social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school district 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. 48.78. A law enforcement agency, victim-witness coordinator, or fire investigator, that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. 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. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

SB21-SSA1,4714g Section 4714g. 938.78 (2) (L) of the statutes is created to read:

SB21-SSA1,1443,3 938.78 (2) (L) 1. In this paragraph, "qualified independent researcher" means a faculty member of a university who satisfies all of the following:

SB21-SSA1,1443,6 a. The faculty member has an approved protocol from an institutional review board for human subjects research to work with data containing personal information for the purposes of evaluating the program under s. 119.23.

SB21-SSA1,1443,9 b. The faculty member has received from the state and properly managed data containing personal information for the purposes of evaluating the program under s. 119.23 before the effective date of this subd. 1. b. .... [LRB inserts date].

SB21-SSA1,1443,18 2. Notwithstanding par. (a), the department of children and families shall permit a qualified independent researcher to have access to any database maintained by the department of children and families for the purpose of cross-matching information contained in any such database with a database that both is in the possession of the qualified independent researcher and contains information regarding pupils participating in the program under s. 119.23. The department of children and families may charge a fee to the qualified independent researcher for the information that does not exceed the cost incurred by the department of children and families to provide the information.

SB21-SSA1,4714h Section 4714h. 938.78 (3) of the statutes is amended to read:

SB21-SSA1,1444,15 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department having, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB21-SSA1,4714j Section 4714j. 938.993 of the statutes is amended to read:

SB21-SSA1,1445,3 938.993 Juvenile compact administrator. (1) Under the interstate compact on juveniles, the governor may designate an officer or employee of the department of corrections to be the compact administrator, who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. If there is a vacancy in the office of compact administrator or in the case of absence or disability, the functions shall be performed by the secretary of corrections, or other employee designated by the secretary. The compact administrator may cooperate with all departments, agencies, and officers of and in the government of this state and its political subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.

SB21-SSA1,1445,12 (2) The compact administrator shall determine for this state whether to receive juvenile probationers, parolees, and persons on extended supervision of other states under s. 938.991 (7) and shall arrange for the supervision of each such probationer, parolee, or person on extended supervision received, either by the department of corrections or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

SB21-SSA1,4714k Section 4714k. 938.994 of the statutes is amended to read:

SB21-SSA1,1445,20 938.994 Supplementary agreements. The department of corrections may enter into supplementary agreements with appropriate officials of other states under s. 938.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

SB21-SSA1,4714n Section 4714n. 938.995 (2) of the statutes is amended to read:

SB21-SSA1,1446,7 938.995 (2) In the case of an escapee or absconder under s. 938.991 (5) or (6), if the juvenile is in the legal custody or under the supervision of the department, it of corrections, that department shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 938.991 (7), then the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the juvenile's residence during the supervision.

SB21-SSA1,4715 Section 4715. 940.20 (2m) (title) of the statutes is amended to read:

SB21-SSA1,1446,10 940.20 (2m) (title) Battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents.

SB21-SSA1,4716 Section 4716. 940.20 (2m) (a) 1m. of the statutes is created to read:

SB21-SSA1,1446,14 940.20 (2m) (a) 1m. "Community supervision agent" means any person authorized by the department of corrections to exercise control over a juvenile on community supervision.

SB21-SSA1,4717 Section 4717. 940.20 (2m) (b) of the statutes is amended to read:

SB21-SSA1,1446,21 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision, and parole agent, a community supervision agent, or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent, a community supervision agent, or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class H felony.

SB21-SSA1,4721 Section 4721. 941.237 (1) (dm) of the statutes is amended to read:

SB21-SSA1,1446,23 941.237 (1) (dm) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7).

SB21-SSA1,4727 Section 4727. 946.42 (1) (a) 2. of the statutes is amended to read:

SB21-SSA1,1447,5 946.42 (1) (a) 2. "Custody" does not include the constructive custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole agent or, subject to s. 938.533 (3) (a), the constructive custody of a person who has been released to community supervision or aftercare supervision under ch. 938.

SB21-SSA1,4728 Section 4728. 946.42 (3) (c) of the statutes is amended to read:

SB21-SSA1,1447,9 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h), or (4m), to a placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or aftercare revocation under s. 938.357 (5) (e).

SB21-SSA1,4731f Section 4731f. 961.385 (1) (a) of the statutes is created to read:

SB21-SSA1,1447,11 961.385 (1) (a) "Administer" has the meaning given in s. 450.01 (1).

SB21-SSA1,4731g Section 4731g. 961.385 (1) (ac) of the statutes is created to read:

SB21-SSA1,1447,13 961.385 (1) (ac) "Board" means the controlled substances board.

SB21-SSA1,4731h Section 4731h. 961.385 (1) (aj) of the statutes is created to read:

SB21-SSA1,1447,17 961.385 (1) (aj) "Patient" means an individual for whom a monitored prescription drug is prescribed or to whom a monitored prescription drug is dispensed or administered.

SB21-SSA1,4731i Section 4731i. 961.385 (1) (aL) of the statutes is created to read:

SB21-SSA1,1447,22 961.385 (1) (aL) "Pharmacist" means a person licensed by the pharmacy examining board under s. 450.03 or 450.05 or licensed in another state and recognized by this state as a person authorized to engage in the practice of pharmacy in the state in which the person is licensed.

SB21-SSA1,4731j Section 4731j. 961.385 (1) (an) of the statutes is created to read:

SB21-SSA1,1447,25 961.385 (1) (an) "Pharmacy" means a place of practice licensed under s. 450.06 or 450.065.

SB21-SSA1,4731k Section 4731k. 961.385 (1) (b) of the statutes is created to read: