Amendment SSA1-SB21

SB21-SSA1,1369,6 g. Constituent relations.

SB21-SSA1,1369,9 h. All other powers, duties, and functions assigned by law, rule, custom, policy, or practice to the legislature, one house of the legislature, a committee of the legislature, or a member of the legislature.

SB21-SSA1,1369,11 2. "Legislative business" does not include criminal conduct or political campaigning.

SB21-SSA1,1369,13 (d) "Legislative staff member" means a member of the clerk staff, sergeant staff, nonpartisan staff, or personal staff.

SB21-SSA1,1369,17 (e) "Legislator" means a current or former member of the legislature or a legislator-elect. For purposes of the privileges under this section, a legislator's term of office shall be considered to begin on the date of certification of the legislator's election to that office.

SB21-SSA1,1369,19 (f) "Nonpartisan staff" means the heads and employees of the nonpartisan legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96.

SB21-SSA1,1369,21 (g) "Personal staff" means the employees assigned to or interning in the office of a legislator.

SB21-SSA1,1369,23 (h) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

SB21-SSA1,1369,24 (i) "Sergeant staff" means all of the following:

SB21-SSA1,1370,2 1. The assembly sergeant at arms and employees assigned to the assembly sergeant at arms' office.

SB21-SSA1,1370,4 2. The senate sergeant at arms and employees assigned to the senate sergeant at arms' office.

SB21-SSA1,1370,8 (2) General rule of privilege. (a) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all of the following communications, if made within the course of legislative business during the legislator's term of office:

SB21-SSA1,1370,11 1. A communication between the legislator or a member of the legislator's personal staff, or another person acting on behalf of the legislator, and a member of the nonpartisan staff, clerk staff, or sergeant staff.

SB21-SSA1,1370,13 2. A communication between the legislator or a person acting on behalf of the legislator and a member of the legislator's personal staff.

SB21-SSA1,1370,15 3. A communication between 2 or more members of the nonpartisan staff, clerk staff, or sergeant staff related to the legislative business of a legislator.

SB21-SSA1,1370,17 4. A communication between 2 or more members of the legislator's personal staff.

SB21-SSA1,1370,20 5. A communication between the legislator or a member of the legislator's personal staff, or another person acting on behalf of the legislator, and any other person.

SB21-SSA1,1370,23 (b) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all records relating to a communication made under par. (a) 1. to 5.

SB21-SSA1,1371,2 (c) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing information from which can be ascertained the identity of any person who communicates with the legislator within the course of legislative business during the legislator's term of office.

SB21-SSA1,1371,6 (d) Any privilege that may be claimed by a legislator under pars. (a) to (c) continues to apply with respect to a former legislative staff member to the same extent the privilege applied with respect to that legislative staff member when he or she was a legislative staff member.

SB21-SSA1,1371,9 (e) A legislator's privilege to prevent a personal staff member from disclosing a communication, record, or information under pars. (a) to (c) only applies with respect to the personal staff of that legislator.

SB21-SSA1,1371,11 (3) Express waiver required. (a) A privilege under this section may be waived only by the express personal waiver of each legislator who may claim the privilege.

SB21-SSA1,1371,15 (b) Disclosure of a communication, record, or information that is privileged under this section by any person to any other person, regardless of whether that disclosure is authorized by the legislator and including a disclosure under s. 13.97 (2), shall not constitute a waiver.

SB21-SSA1,1371,18 (c) A legislative staff member or former legislative staff member shall assert and may not waive a privilege under this section on behalf of a legislator who may claim the privilege.

SB21-SSA1,1371,21 (4) Construction. Nothing in this section shall be construed to limit or restrict in any way a privilege or other protection available to a legislator under common law or any other law.

SB21-SSA1,4645b Section 4645b. 938.02 (4) of the statutes is amended to read:

SB21-SSA1,1372,2 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4), "department" means the department of corrections.

SB21-SSA1,4646b Section 4646b. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1372,8 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4), "department" means the department of corrections.

SB21-SSA1,4646c Section 4646c. 938.02 (6) of the statutes is amended to read:

SB21-SSA1,1372,15 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB21-SSA1,4646e Section 4646e. 938.02 (7) of the statutes is amended to read:

SB21-SSA1,1372,19 938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

SB21-SSA1,4646h Section 4646h. 938.02 (10r) of the statutes is amended to read:

SB21-SSA1,1372,23 938.02 (10r) "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 juveniles.

SB21-SSA1,4646n Section 4646n. 938.02 (17) of the statutes is amended to read:

SB21-SSA1,1373,3 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of children and families under s. 48.66 (1) (a).

SB21-SSA1,4646q Section 4646q. 938.02 (19r) of the statutes is amended to read:

SB21-SSA1,1373,9 938.02 (19r) "Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

SB21-SSA1,4647 Section 4647. 938.06 (4) of the statutes is amended to read:

SB21-SSA1,1373,19 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 301.26 48.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26 48.526, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB21-SSA1,4648b Section 4648b. 938.069 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1373,23 938.069 (1) Duties. (intro.) Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB21-SSA1,4648bm Section 4648bm. 938.069 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1374,5 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB21-SSA1,4648c Section 4648c. 938.069 (2) of the statutes is amended to read:

SB21-SSA1,1374,9 938.069 (2) Agency approval needed. Licensed child welfare agencies and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

SB21-SSA1,4648f Section 4648f. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1374,16 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), department personnel of the department of corrections designated by the that department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB21-SSA1,4648t Section 4648t. 938.183 (3) of the statutes is amended to read:

SB21-SSA1,1374,25 938.183 (3) Placement in state prison; parole. When a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that the that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

SB21-SSA1,4648v Section 4648v. 938.185 (2m) of the statutes is created to read:

SB21-SSA1,1375,4 938.185 (2m) Extended out-of-home care. Venue for a proceeding under s. 938.366 (3) (am) shall be in the county where the most recent order specified in s. 938.366 (1) (a) was issued.

SB21-SSA1,4649b Section 4649b. 938.19 (1) (d) 6. of the statutes is amended to read:

SB21-SSA1,1375,11 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21-SSA1,4649bm Section 4649bm. 938.19 (1) (d) 6. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1375,19 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision administered by the department of corrections or a county department,; a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth,; or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21-SSA1,4650b Section 4650b. 938.20 (2) (cm) of the statutes is amended to read:

SB21-SSA1,1376,2 938.20 (2) (cm) If the juvenile has violated a condition of aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department of corrections or county department, whichever has supervision over the juvenile.

SB21-SSA1,4650bm Section 4650bm. 938.20 (2) (cm) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1376,12 938.20 (2) (cm) If the juvenile has violated a condition of community supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department of corrections or county department, whichever has supervision over the juvenile.

SB21-SSA1,4651b Section 4651b. 938.20 (7) (c) 1m. of the statutes is amended to read:

SB21-SSA1,1376,20 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department of corrections or county department, whichever has supervision of the juvenile.

SB21-SSA1,4651bm Section 4651bm. 938.20 (7) (c) 1m. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1377,4 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of community supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department of corrections or county department, whichever has supervision of the juvenile.

SB21-SSA1,4652b Section 4652b. 938.20 (8) (c) of the statutes is amended to read:

SB21-SSA1,1377,14 938.20 (8) (c) If a juvenile who has violated a condition of aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21.

SB21-SSA1,4652bm Section 4652bm. 938.20 (8) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1377,25 938.20 (8) (c) If a juvenile who has violated a condition of community supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21.

SB21-SSA1,4653b Section 4653b. 938.205 (1) (c) of the statutes is amended to read:

SB21-SSA1,1378,9 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21-SSA1,4653bm Section 4653bm. 938.205 (1) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1378,19 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21-SSA1,4654b Section 4654b. 938.208 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1379,8 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

SB21-SSA1,4654bm Section 4654bm. 938.208 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1379,23 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

SB21-SSA1,4654c Section 4654c. 938.209 (1) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1380,3 938.209 (1) (a) (intro.) There is no No other juvenile detention facility approved by the department of corrections or a county which is available and all of the following conditions are met:

SB21-SSA1,4654cd Section 4654cd. 938.209 (1) (a) 1. of the statutes is amended to read:

SB21-SSA1,1380,6 938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities established by the department of corrections.

SB21-SSA1,4654cg Section 4654cg. 938.209 (2m) (a) 1. of the statutes is amended to read:

SB21-SSA1,1380,9 938.209 (2m) (a) 1. The department of corrections has approved the municipal lockup facility as a suitable place for holding juveniles in custody.

SB21-SSA1,4654cm Section 4654cm. 938.209 (2m) (b) of the statutes is amended to read:

SB21-SSA1,1380,15 938.209 (2m) (b) The department of corrections shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety , and welfare of the juveniles held in those facilities.

SB21-SSA1,4654e Section 4654e. 938.22 (2) (b) of the statutes is amended to read:

SB21-SSA1,1380,24 938.22 (2) (b) If the department of corrections approves, a juvenile detention facility or a holdover room may be located in a public building in which there is a jail or other facility for the detention of adults if the juvenile detention facility or holdover room is physically segregated from the jail or other facility so that juveniles may enter the juvenile detention facility or holdover room without passing through areas where adults are confined and juveniles detained in the juvenile detention facility or holdover room cannot communicate with or view adults confined in the jail or other facility.

SB21-SSA1,4654ed Section 4654ed. 938.22 (2) (c) of the statutes is amended to read:

SB21-SSA1,1381,14 938.22 (2) (c) A shelter care facility may be used for the temporary care of children taken into custody under s. 48.19, in need of transitional placements in emergency situations under s. 48.357 (2m), or placed in the shelter care facility by order of the court under ch. 48 and of juveniles taken into custody under s. 938.19, in need of transitional placements in emergency situations under s. 938.357 (2m), or placed in the shelter care facility by order of the court under this chapter, except that on the request of a person licensed to operate a shelter care facility the department of children and families may permit that shelter care facility to be used for voluntary placements under s. 48.63 (1) (b). The department of children and families shall review such a request based on the needs of children and juveniles in the area served by the shelter care facility and the services provided by the shelter care facility and may approve the request if it determines that the services provided by the shelter care facility would meet those needs. A shelter care facility, other than a holdover room, may not be in the same building as a facility for the detention of adults.