AB130: Bill Text

AB130, s. 485 Section 485. 165.765 (1) of the statutes is amended to read:

AB130,144,7 165.765 (1) Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 48.34 (15), 165.76 , 938.34 (15) or 973.047 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB130, s. 486 Section 486. 165.765 (2) (a) of the statutes is amended to read:

AB130,144,13 165.765 (2) (a) Any physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 48.34 (15), 165.76 , 938.34 (15) or 973.047 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB130, s. 487 Section 487. 165.77 (2) (b) of the statutes is amended to read:

AB130,144,16 165.77 (2) (b) Paragraph (a) does not apply to specimens received under s. 48.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047.

AB130, s. 488 Section 488. 165.77 (3) of the statutes is amended to read:

AB130,145,5 165.77 (3) If the laboratories receive a human biological specimen under s. 48.34 (15), 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) or 973.047, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

AB130, s. 489 Section 489. 175.35 (1) (ag) of the statutes is amended to read:

AB130,145,9 175.35 (1) (ag) "Criminal history record" includes information reported to the department under s. 48.396 938.396 (8) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony.

AB130, s. 490 Section 490. 175.45 (1) (b) of the statutes is amended to read:

AB130,145,14 175.45 (1) (b) Is in prison or, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB130, s. 491 Section 491. 175.45 (1) (e) of the statutes is amended to read:

AB130,145,17 175.45 (1) (e) Is ordered by a court under s. 48.34 (15), 51.20 (13) (cr), 938.34 (15) or 973.047 to comply with the reporting requirements under this section.

AB130, s. 492 Section 492. 175.45 (3) (a) 2. of the statutes is amended to read:

AB130,145,21 175.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection after he or she is discharged from parole or aftercare supervision.

AB130, s. 493 Section 493. 175.45 (5) (b) of the statutes is amended to read:

AB130,145,25 175.45 (5) (b) If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, 15 years after discharge from parole or aftercare supervision.

AB130, s. 494 Section 494. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,146,9 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 938.357 (5) or 48.366 938.366 (5) or corrective sanctions supervision under s. 48.357 (5) or youthful offender supervision under s. 48.537 (4), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB130, s. 495 Section 495. 230.36 (1) of the statutes is amended to read:

AB130,147,16 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, university of Wisconsin system police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin veterans home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 48.02 938.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and university of Wisconsin hospital and clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB130, s. 496 Section 496. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB130,147,21 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the university of Wisconsin hospital and clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 48.02 938.02 (15m), and a state probation and parole officer, at all times while:

AB130, s. 497 Section 497. 252.04 (6) of the statutes is amended to read:

AB130,148,9 252.04 (6) The school, day care center or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under sub. (3) within 60 school days after being admitted to the school, day care center or nursery school. The district attorney shall petition the court exercising jurisdiction under ch. chs. 48 and 938 for an order directing that the student be in compliance with the requirements of this section. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under sub. (3) or may specify the terms of the immunization schedule. The court may require an adult student or the parent, guardian or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25 per day of violation.

AB130, s. 498 Section 498. 252.11 (5m) of the statutes is amended to read:

AB130,148,17 252.11 (5m) A health care professional, as defined in s. 48.296 (1) (a), or a health care professional, as defined in s. 968.38 (1) (a), acting under an order of a court under s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.

AB130, s. 499 Section 499. 252.11 (7) of the statutes is amended to read:

AB130,149,2 252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and shall not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5) or as provided under s. 48.296 938.296 (4) or 968.38 (4). If a physician has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient or physician is called upon to testify to the facts before any court of record.

AB130, s. 500 Section 500. 252.15 (1) (ab) of the statutes is amended to read:

AB130,149,10 252.15 (1) (ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.

AB130, s. 501 Section 501. 252.15 (2) (a) 6. of the statutes is amended to read:

AB130,149,18 252.15 (2) (a) 6. A health care professional acting under an order of the court under subd. 7. or s. 48.296 938.296 (4) or 968.38 (4) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the test subject, and, notwithstanding sub. (4) (c), the test results may not be made part of the individual's permanent medical record.

AB130, s. 502 Section 502. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB130,150,11 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 48.02 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB130, s. 503 Section 503. 252.15 (5) (a) 17. of the statutes is amended to read:

AB130,150,17 252.15 (5) (a) 17. To an alleged victim or victim, to a health care professional, upon request as specified in s. 48.296 938.296 (4) (e) or 968.38 (4) (c), who provides care to the alleged victim or victim and, if the alleged victim or victim is a minor, to the parent or guardian of the alleged victim or victim, under s. 48.296 938.296 (4) or 968.38 (4).

AB130, s. 504 Section 504. 252.15 (5) (a) 19. of the statutes is amended to read:

AB130,150,25 252.15 (5) (a) 19. If the test was administered to a child for whom placement in a foster home, group home or child caring institution is recommended under s. 48.33 (4) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1) or 938.33 (1) or a permanency plan under s. 48.38 or 938.38 regarding the child and, by that agency, to the child's foster parent or the operator of the group home or child caring institution in which the child is placed, as provided in s. 48.371 or 938.371.

AB130, s. 505 Section 505. 301.01 (2) (b) of the statutes is amended to read:

AB130,151,4 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 48.02 938.02 (15m), operated by the department of health and social services, or any resident of a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 506 Section 506. 301.02 of the statutes is amended to read:

AB130,151,8 301.02 Institutions governed. The department shall maintain and govern the state correctional institutions and the secured correctional facilities, as defined in s. 938.02 (15m), that are operated by the department.

AB130, s. 507 Section 507. 301.03 (9) of the statutes is amended to read:

AB130,151,11 301.03 (9) Supervise all persons placed under s. 48.366 938.183 or 938.366 (8) in a state prison.

AB130, s. 508 Section 508. 301.03 (9m) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB130,151,15 301.03 (9m) Supervise all persons placed in the youthful offender program under s. 48.537 938.537.

AB130, s. 509 Section 509. 301.035 (2) of the statutes is amended to read:

AB130,151,19 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 48.357 (5), 302.11 (7), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB130, s. 510 Section 510. 301.035 (4) of the statutes is amended to read:

AB130,151,23 301.035 (4) Supervise employes in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 48.357 (5), 302.11 (7), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB130, s. 511 Section 511. 301.135 (1) of the statutes is amended to read:

AB130,152,5 301.135 (1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders and to children who are placed on electronic monitoring under s. 48.21 (4m), 48.34 938.17 (2) (h) 1., 938.21 (4m), 938.34 (3g) or 48.355 938.355 (6) (d) 3. The department shall charge a fee to counties for providing these services.

AB130, s. 512 Section 512. 301.135 (3m) of the statutes is amended to read:

AB130,152,9 301.135 (3m) The department may not charge a fee to a child who is placed on electronic monitoring under s. 48.21 (4m), 48.34 938.17 (2) (h) 1., 938.21 (4m), 938.34 (3g) or 48.355 938.355 (6) (d) 3. to cover the cost of electronic monitoring of that child.

AB130, s. 513 Section 513. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,152,16 301.28 (1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of children at a secured correctional facility, as defined in s. 48.02 938.02 (15m), operated by the department.

AB130, s. 514 Section 514. 301.35 (2) (e) of the statutes is created to read:

AB130,152,18 301.35 (2) (e) A participant in the youthful offender program under s. 938.537.

AB130, s. 515 Section 515. 301.36 (1) of the statutes is amended to read:

AB130,153,2 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions, all Type 1 secured correctional facilities, as defined in s. 938.02 (19), that are operated by the department and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness. The department may take enforcement action as to a secure detention facility or the juvenile portion of a county jail only after consultation with the department of health and social services.

AB130, s. 516 Section 516. 302.11 (10) of the statutes is amended to read:

AB130,153,6 302.11 (10) An inmate subject to an order under s. 48.366 938.34 (4g) or 938.366 is not entitled to mandatory release and may be released or discharged only as provided under s. 48.366 938.366 or 938.537.

AB130, s. 517 Section 517. 302.17 (2) of the statutes is amended to read:

AB130,153,11 302.17 (2) The department shall make entries on the register to reflect the progress made by each inmate while incarcerated and the inmate's release on parole, condition at the time of parole and progress made while on parole. This subsection does not apply to inmates subject to an order under s. 48.366 938.366.

AB130, s. 518 Section 518. 302.17 (3) of the statutes is amended to read:

AB130,153,15 302.17 (3) If the inmate is subject to an order under s. 48.366 938.366, the department shall keep a record of the inmate's behavior for use in proceedings under s. 48.366 938.366 (5) and (6).

AB130, s. 519 Section 519. 302.18 (7) of the statutes is amended to read:

AB130,153,22 302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections shall keep all prisoners under 16 15 years of age in secured juvenile correctional facilities and all prisoners under 12 years of age in secured child caring institutions, as defined in s. 938.02 (15g), but the department of health and social services, with the concurrence of the department of corrections, may transfer them to adult correctional institutions after they attain 16 15 years of age.

AB130, s. 520 Section 520. 302.255 of the statutes is amended to read:

AB130,154,2 302.255 Interstate corrections compact; additional applicability. "Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 938.366 who are confined to a state prison under s. 302.01 and persons subject to an order under s. 938.34 (4g) who are 17 years of age or older.

AB130, s. 521 Section 521. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,154,20 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, other than persons under 17 years of age who are in the custody of the department under s. 938.34 (4g), and persons who have attained the age of 18 17 years but have not attained the age of 25 21 years who are under the supervision of the department of health and social services under s. 48.355 (4) 938.355 or 48.366 938.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 938.357 (5) (e) or 48.366 938.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

AB130, s. 522 Section 522. 302.386 (1) of the statutes is amended to read:

AB130,155,6 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 or in a secured correctional facility as defined in s. 48.02 938.02 (15m), or in a secured child caring institution, as defined in s. 938.02 (15g), or to forensic patients in state institutions for those services which are not provided by employes of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

AB130, s. 523 Section 523. 302.386 (2) (intro.) of the statutes is amended to read:

AB130,155,12 302.386 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01 or in, a secured correctional facility as defined in s. 48.02 938.02 (15m) , or a secured child caring institution, as defined in s. 938.02 (15g), for which any of the following applies:

AB130, s. 524 Section 524. 302.386 (3) of the statutes is amended to read:

AB130,155,24 302.386 (3) The department may require a resident housed in a prison identified in s. 302.01 or in, a secured correctional facility as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge. No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.

AB130, s. 525 Section 525. 302.386 (5) (c) of the statutes is created to read:

AB130,156,3 302.386 (5) (c) Any participant in the corrective sanctions program under s. 938.533 unless he or she is placed in a Type 1 secured correctional facility, as defined in s. 938.02 (19).

AB130, s. 526 Section 526. 302.386 (5) (d) of the statutes is created to read:

AB130,156,8 302.386 (5) (d) Any participant in the youthful offender program under s. 938.537 unless he or she is placed in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized under s. 301.046 (1).

AB130, s. 527 Section 527. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,157,2 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the youthful offender program under s. 48.537 938.537 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB130, s. 528 Section 528. 304.06 (1z) of the statutes is created to read:

AB130,157,7 304.06 (1z) If a person is placed in the youthful offender program under s. 938.34 (4g), he or she is eligible for a release to parole supervision under this section and remains in the youthful offender program unless discharged by the department under s. 938.537 (5) (b).

AB130, s. 529 Section 529. 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.