Amendment SSA1-SB21

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:

SB21-SSA1,1448,4 961.385 (1) (b) "Prescription order" means an order transmitted orally, electronically, or in writing by a practitioner for a monitored prescription drug for a particular patient.

SB21-SSA1,4733 Section 4733. 973.0455 of the statutes is created to read:

SB21-SSA1,1448,11 973.0455 Crime prevention funding board surcharge. (1) If a court in a county that has established a crime prevention funding board under s. 59.54 (28) imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.

SB21-SSA1,1448,14 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).

SB21-SSA1,4734 Section 4734. 973.05 (2m) (rv) of the statutes is created to read:

SB21-SSA1,1448,17 973.05 (2m) (rv) To payment of the crime prevention funding board surcharge until paid in full.

SB21-SSA1,4734m Section 4734m. 973.05 (3) (a) of the statutes is amended to read:

SB21-SSA1,1449,3 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide that the defendant perform community service work under pars. (b) and (c). Any applicable driver improvement surcharge under s. 346.655, any safe ride program surcharge under s. 346.657, or any domestic abuse surcharge under s. 973.055 shall be imposed under ch. 814 regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.

SB21-SSA1,4735 Section 4735. 973.06 (1) (j) of the statutes is amended to read:

SB21-SSA1,1449,14 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 114.09, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

SB21-SSA1,4735d Section 4735d. 978.01 (2) (a) of the statutes is renumbered 978.01 (2) and amended to read:

SB21-SSA1,1449,18 978.01 (2) Except as provided in par. (b), each Each district attorney serves on a full-time basis.

SB21-SSA1,4735r Section 4735r. 978.01 (2) (b) of the statutes is repealed.

SB21-SSA1,4736 Section 4736. 978.03 (1) of the statutes is amended to read:

SB21-SSA1,1450,5 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB21-SSA1,4737 Section 4737. 978.045 (1r) (intro.) of the statutes is amended to read:

SB21-SSA1,1450,17 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings or John Doe proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration attesting that any of the following conditions exists:

SB21-SSA1,4737t Section 4737t. 978.045 (1r) (bm) of the statutes is created to read:

SB21-SSA1,1450,20 978.045 (1r) (bm) The district attorney, or a deputy or assistant district attorney for the district attorney office, is on parental leave.

SB21-SSA1,4738 Section 4738. 978.045 (1r) (e) of the statutes is amended to read:

SB21-SSA1,1450,24 978.045 (1r) (e) The district attorney is physically unable to attend to his or her duties due to a health issue or has a mental incapacity that impairs his or her ability to substantially perform his or her duties.

SB21-SSA1,4739 Section 4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated, renumbered 978.045 (2) and amended to read:

SB21-SSA1,1451,13 978.045 (2) The If the department of administration approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for any the attorney appointed as a special prosecutor under sub. (1r) according to the rates specified in s. 977.08 (4m) (b). (b) The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). (c) The court, district attorney, and the special prosecutor shall provide any information regarding a payment under par. (b) of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

SB21-SSA1,4740 Section 4740. 978.05 (6) (a) of the statutes is amended to read:

SB21-SSA1,1452,2 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB21-SSA1,4740e Section 4740e. 978.06 (3) (a) of the statutes is amended to read:

SB21-SSA1,1452,10 978.06 (3) (a) No district attorney, deputy district attorney or assistant district attorney while in office may hold any judicial office. No full-time district attorney, deputy district attorney or assistant district attorney may hold the office of or act as corporation counsel or city, village or town attorney. A part-time district attorney, deputy district attorney or assistant district attorney may hold the office of or act as corporation counsel or city, village or town attorney or otherwise serve as legal counsel to any governmental unit.

SB21-SSA1,4740n Section 4740n. 978.06 (5) (a) of the statutes is amended to read:

SB21-SSA1,1452,17 978.06 (5) (a) No full-time district attorney, deputy district attorney or assistant district attorney may engage in a private practice of law, but he or she is authorized to complete all civil cases, not in conflict with the interest of the county or counties of his or her prosecutorial unit, in which he or she is counsel, pending in court before he or she takes office. A part-time district attorney, deputy district attorney or assistant district attorney may engage in a private practice of law.