AB130: Bill Text

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.

AB130, s. 530 Section 530. 304.15 of the statutes is amended to read:

AB130,157,12 304.15 Nonapplicability of chapter. This chapter does not apply to a person who is subject to an order under s. 48.366 938.366.

AB130, s. 531 Section 531. 340.01 (9r) (d) of the statutes is amended to read:

AB130,157,16 340.01 (9r) (d) A finding by a court assigned to exercise jurisdiction under ch. chs. 48 and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted under ch. 349.

AB130, s. 532 Section 532. 343.06 (1) (i) of the statutes is amended to read:

AB130,158,5 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 48 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.

AB130, s. 533 Section 533. 343.30 (5) of the statutes is amended to read:

AB130,158,15 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 48, 345 or, 351 or 938 or s. 161.50. When a court revokes, suspends or restricts a child's operating privilege under ch. 48 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

AB130, s. 534 Section 534. 343.30 (6) (b) (intro.) of the statutes is amended to read:

AB130,158,19 343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's operating privilege under s. 48.344 (2), (2b) or (2d) or 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB130, s. 535 Section 535. 752.31 (2) (e) of the statutes is amended to read:

AB130,158,21 752.31 (2) (e) Cases under ch. chs. 48 and 938.

AB130, s. 536 Section 536. 757.69 (1) (g) of the statutes is amended to read:

AB130,159,13 757.69 (1) (g) When assigned to the court assigned jurisdiction under ch. chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and warrants, order the release or detention of children apprehended, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under ss. 48.12 and 48.13, 938.12, 938.13 and 938.18, enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child. Waiver Contested waiver hearings under s. 48.18 938.18 and dispositional hearings under ss. 48.33 to 48.35 48.335 and 938.335 shall be conducted by a judge. When acting in an official capacity and assigned to the children's court center, a court commissioner shall sit at the children's court center or such other facility designated by the chief judge. Any decision by the commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order or ruling by the commissioner may be certified to the branch of court to which such case has been assigned upon a motion of any party for a hearing de novo.

AB130, s. 537 Section 537. 758.19 (6) of the statutes is amended to read:

AB130,159,25 758.19 (6) The director of state courts shall reimburse each county for the costs of guardian ad litem compensation incurred after May 10, 1994, under ss. 48.235 (8), 48.996, 55.06 (6) and (9) (b), 767.045 (6), 880.33 (2) (a) 2., 880.331 (8) and, 891.39 (1) (b), 938.235 (8) and 938.996 from the appropriation under s. 20.625 (1) (e). No reimbursement under this subsection may exceed the per hour rate established for time spent in court by private attorneys under s. 977.08 (4m). The costs reimbursable under this subsection shall be paid pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The voucher shall include the number of hours charged by the guardians ad litem. If the moneys available under s. 20.625 (1) (e) are insufficient to reimburse all eligible claims submitted by counties for payment under this subsection, the moneys shall be prorated.

AB130, s. 538 Section 538. 767.02 (1) (m) of the statutes is amended to read:

AB130,160,4 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2) , 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

AB130, s. 539 Section 539. 767.24 (3) (e) of the statutes is amended to read:

AB130,160,8 767.24 (3) (e) The charges for care furnished to a child whose custody is transferred under this subsection shall be pursuant to the procedure under s. 48.36 (1) or 938.36 (1) except as provided in s. 767.29 (3).

AB130, s. 540 Section 540. 767.29 (3) of the statutes is amended to read:

AB130,160,17 767.29 (3) If maintenance payments or support money, or both, is ordered to be paid for the benefit of any person, who is committed by court order to an institution or is in confinement, or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department or relative, the court or family court commissioner may order such maintenance payments or support money to be paid to the relative or agency, institution, welfare department or other entity having the legal or actual custody of said person, and to be used for the latter's care and maintenance, without the appointment of a guardian under ch. 880.

AB130, s. 541 Section 541. 767.30 (1) of the statutes is amended to read:

AB130,161,2 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), support or maintenance under s. 767.08, child support, family support or maintenance under s. 767.23, child support under s. 767.25, maintenance under s. 767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal support under s. 948.22 (7), the court may provide that any payment be paid in the amounts and at the times as that it considers expedient.

AB130, s. 542 Section 542. 767.305 of the statutes is amended to read:

AB130,161,13 767.305 Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261, 767.262 or, 767.293, 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under s. 767.265 and the account transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in ch. 785.

AB130, s. 543 Section 543. 767.32 (1) (a) of the statutes is amended to read:

AB130,162,15 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) if an assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

AB130, s. 544 Section 544. 767.32 (2r) of the statutes is amended to read:

AB130,162,20 767.32 (2r) If the court revises a judgment or order providing for child support that was entered under s. 448.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 (14).

AB130, s. 545 Section 545. 767.47 (10) of the statutes is amended to read:

AB130,162,24 767.47 (10) A record of the testimony of the child's mother relating to the child's paternity, made as provided under s. 48.299 (6) or 938.299 (6), is admissible in evidence on the issue of paternity.