AB130-engrossed,147,126
227.03
(4) The provisions of this chapter relating to contested cases do not
7apply to proceedings involving the revocation of aftercare supervision under s.
848.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5)
or
9youthful offender supervision under s. 48.537 (4), the revocation of parole or
10probation, the grant of probation, prison discipline, mandatory release under s.
11302.11 or any other proceeding involving the care and treatment of a resident or an
12inmate of a correctional institution.
AB130-engrossed,147,2115
227.03
(4) The provisions of this chapter relating to contested cases do not
16apply to proceedings involving the revocation of aftercare supervision under s.
1748.366 (5) or 938.357 (5) or corrective sanctions supervision under s. 938.357 (5) or
18serious juvenile offender supervision under s. 938.538 (4), the revocation of parole
19or probation, the grant of probation, prison discipline, mandatory release under s.
20302.11 or any other proceeding involving the care and treatment of a resident or an
21inmate of a correctional institution.
AB130-engrossed,149,323
230.36
(1) If a conservation warden, conservation patrol boat captain,
24conservation patrol boat engineer, state forest ranger, conservation field employe of
25the department of natural resources who is subject to call for fire control duty,
1member of the state patrol, state motor vehicle inspector, lifeguard, excise tax
2investigator employed by the department of revenue, special criminal investigation
3agent employed by the department of justice, special tax agent, state drivers' license
4examiner, state fair park police officer, university of Wisconsin system police officer
5and other state facilities police officer and patrol officer, security officer, watcher,
6engineer, engineering aide, building construction superintendent, fire fighter
7employed at the Wisconsin veterans home, or guard or institutional aide or a state
8probation and parole officer or any other employe whose duties include supervision
9and discipline of inmates or wards of the state at a state penal institution, including
10a secured correctional facility, as defined in s.
48.02 938.02 (15m), or while on parole
11supervision outside of the confines of the institutions, or supervision of persons
12placed on probation by a court of record, or supervision and care of patients at a state
13mental institution, and university of Wisconsin hospital and clinics suffers injury
14while in the performance of his or her duties, as defined in subs. (2) and (3); or any
15other state employe who is ordered by his or her appointing authority to accompany
16any employe listed in this subsection while the listed employe is engaged in the
17duties defined in sub. (3), or any other state employe who is ordered by his or her
18appointing authority to perform the duties, when permitted, in lieu of the listed
19employe and while so engaged in the duties defined in sub. (3), suffers injury as
20defined in sub. (2) the employe shall continue to be fully paid by the employing
21agency upon the same basis as paid prior to the injury, with no reduction in sick leave
22credits, compensatory time for overtime accumulations or vacation and no reduction
23in the rate of earning sick leave credit or vacation. The full pay shall continue while
24the employe is unable to return to work as the result of the injury or until the
25termination of his or her employment upon recommendation of the appointing
1authority. At any time during the employe's period of disability the appointing
2authority may order physical or medical examinations to determine the degree of
3disability at the expense of the employing agency.
AB130-engrossed,149,85
230.36
(3) (c) (intro.) A guard, institution aide, or other employe at the
6university of Wisconsin hospital and clinics or at a state penal or mental institution,
7including a secured correctional facility, as defined in s.
48.02 938.02 (15m), and a
8state probation and parole officer, at all times while:
AB130-engrossed,149,2110
252.04
(6) The school, day care center or nursery school shall notify the district
11attorney of the county in which the student resides of any minor student who fails
12to present written evidence of completed immunizations or a written waiver under
13sub. (3) within 60 school days after being admitted to the school, day care center or
14nursery school. The district attorney shall petition the court exercising jurisdiction
15under
ch. chs. 48
and 938 for an order directing that the student be in compliance
16with the requirements of this section. If the court grants the petition, the court may
17specify the date by which a written waiver shall be submitted under sub. (3) or may
18specify the terms of the immunization schedule. The court may require an adult
19student or the parent, guardian or legal custodian of a minor student who refuses to
20submit a written waiver by the specified date or meet the terms of the immunization
21schedule to forfeit not more than $25 per day of violation.
AB130-engrossed,150,423
252.11
(5m) A health care professional,
as defined in s. 48.296 (1) (a), or a
24health care professional, as defined in s. 968.38 (1) (a), acting under an order of a
25court under s.
48.296 938.296 (4) or 968.38 (4) may, without first obtaining informed
1consent to the testing, subject an individual to a test or a series of tests to ascertain
2whether that individual is infected with a sexually transmitted disease. No sample
3used for performance of a test under this subsection may disclose the name of the test
4subject.
AB130-engrossed,150,136
252.11
(7) Reports, examinations and inspections and all records concerning
7sexually transmitted diseases are confidential and not open to public inspection, and
8shall not be divulged except as may be necessary for the preservation of the public
9health, in the course of commitment proceedings under sub. (5) or as provided under
10s.
48.296 938.296 (4) or 968.38 (4). If a physician has reported a case of sexually
11transmitted disease to the department under sub. (4), information regarding the
12presence of the disease and treatment is not privileged when the patient or physician
13is called upon to testify to the facts before any court of record.
AB130-engrossed,150,2115
252.15
(1) (ab) "Affected person" means an emergency medical technician, first
16responder, fire fighter, peace officer, correctional officer, person who is employed at
17a secured correctional facility, as defined in s.
48.02 938.02 (15m),
or at a secured
18child caring institution, as defined in s. 938.02 (15g), state patrol officer, jailer or
19keeper of a jail or person designated with custodial authority by the jailer or keeper,
20health care provider, employe of a health care provider or staff member of a state
21crime laboratory.
AB130-engrossed,151,423
252.15
(2) (a) 6. A health care professional acting under an order of the court
24under subd. 7. or s.
48.296 938.296 (4) or 968.38 (4) may, without first obtaining
25consent to the testing, subject an individual to a test or a series of tests to detect the
1presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No
2sample used for laboratory test purposes under this subdivision may disclose the
3name of the test subject, and, notwithstanding sub. (4) (c), the test results may not
4be made part of the individual's permanent medical record.
AB130-engrossed,151,226
252.15
(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
7emergency medical technician, first responder, fire fighter, peace officer, correctional
8officer, person who is employed at a secured correctional facility, as defined in s.
48.02 9938.02 (15m),
or at a secured child caring institution, as defined in s. 938.02 (15g), 10state patrol officer, jailer or keeper of a jail or person designated with custodial
11authority by the jailer or keeper who, during the course of providing care or services
12to an individual; or a peace officer, correctional officer, state patrol officer, jailer or
13keeper of a jail or person designated with custodial authority by the jailer or keeper
14who, while searching or arresting an individual or while controlling or transferring
15an individual in custody; or a health care provider or an employe of a health care
16provider who, during the course of providing care or treatment to an individual or
17handling or processing specimens of body fluids or tissues of an individual; or a staff
18member of a state crime laboratory who, during the course of handling or processing
19specimens of body fluids or tissues of an individual; is significantly exposed to the
20individual may subject the individual's blood to a test or a series of tests for the
21presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and
22may receive disclosure of the results.
AB130-engrossed,152,324
252.15
(5) (a) 17. To an alleged victim or victim, to a health care professional,
25upon request as specified in s.
48.296 938.296 (4) (e) or 968.38 (4) (c), who provides
1care to the alleged victim or victim and, if the alleged victim or victim is a minor, to
2the parent or guardian of the alleged victim or victim, under s.
48.296 938.296 (4) or
3968.38 (4).
AB130-engrossed,152,115
252.15
(5) (a) 19. If the test was administered to a child for whom placement
6in a foster home, group home or child caring institution is recommended under s.
748.33 (4)
or 938.33 (3) or (4), to an agency directed by a court to prepare a court report
8under s. 48.33 (1)
or 938.33 (1) or a permanency plan under s. 48.38
or 938.38 9regarding the child and, by that agency, to the child's foster parent or the operator
10of the group home or child caring institution in which the child is placed, as provided
11in s. 48.371
or 938.371.
AB130-engrossed,152,1513
301.01
(2) (b) Any resident of a secured correctional facility, as defined in s.
1448.02 938.02 (15m)
, operated by the department of health and social services, or any
15resident of a secured child caring institution, as defined in s. 938.02 (15g).
AB130-engrossed,152,19
17301.02 Institutions governed. The department shall maintain and govern
18the state correctional institutions
and the secured correctional facilities, as defined
19in s. 938.02 (15m), that are operated by the department.
AB130-engrossed,152,2221
301.03
(9) Supervise all persons placed under s. 48.366 (8)
or 938.183 in a state
22prison.
AB130-engrossed,153,2
1301.03
(9r) Supervise all persons placed in the serious juvenile offender
2program under s. 938.538.
AB130-engrossed,153,64
301.035
(2) Assign hearing examiners from the division to preside over
5hearings under ss.
48.357 (5), 302.11 (7),
938.357 (5), 973.10 and 975.10 (2) and ch.
6304.
AB130-engrossed,153,108
301.035
(4) Supervise employes in the conduct of the activities of the division
9and be the administrative reviewing authority for decisions of the division under ss.
1048.357 (5), 302.11 (7),
938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.
AB130-engrossed,153,1612
301.135
(1) The department may contract with counties to provide electronic
13monitoring services relating to criminal offenders and to children who are placed on
14electronic monitoring under s.
48.21 (4m), 48.34
938.17 (2) (h) 1., 938.21 (4m), 938.34 15(3g) or
48.355 938.355 (6) (d) 3. The department shall charge a fee to counties for
16providing these services.
AB130-engrossed,153,2018
301.135
(3m) The department may not charge a fee to a child who is placed on
19electronic monitoring under s.
48.21 (4m), 48.34
938.17 (2) (h) 1., 938.21 (4m), 938.34 20(3g) or
48.355 938.355 (6) (d) 3. to cover the cost of electronic monitoring of that child.
AB130-engrossed,154,223
301.28
(1) In this section, "correctional officer" means any person classified as
24a correctional officer employed by the state whose principal duty is the supervision
25of inmates at a prison, as defined in s. 302.01
, or the supervision of children at a
1secured correctional facility, as defined in s. 48.02 (15m), operated by the
2department.
AB130-engrossed,154,85
301.28
(1) In this section, "correctional officer" means any person classified as
6a correctional officer employed by the state whose principal duty is the supervision
7of inmates at a prison, as defined in s. 302.01, or the supervision of children at a
8secured correctional facility, as defined in s. 48.02 (15m).
AB130-engrossed,154,1110
301.35
(2) (e) A participant in the serious juvenile offender program under s.
11938.538.
AB130-engrossed,154,1913
301.36
(1) General authority. The department shall investigate and
14supervise all of the state correctional institutions
, all Type 1 secured correctional
15facilities, as defined in s. 938.02 (19), that are operated by the department and all
16secure detention facilities and familiarize itself with all of the circumstances
17affecting their management and usefulness. The department may take enforcement
18action as to a secure detention facility or the juvenile portion of a county jail only after
19consultation with the department of health and social services.
AB130-engrossed,154,2321
302.11
(10) An inmate subject to an order under s. 48.366
or 938.34 (4h) is not
22entitled to mandatory release and may be released or discharged only as provided
23under s. 48.366
or 938.538.
AB130-engrossed,155,6
1302.18
(7) Except as provided in s. 973.013 (3m), the department of corrections
2shall keep all prisoners under
16 15 years of age in secured juvenile correctional
3facilities
and all prisoners under 12 years of age in secured child caring institutions,
4as defined in s. 938.02 (15g), but the department of health and social services, with
5the concurrence of the department of corrections, may transfer them to adult
6correctional institutions after they attain
16 15 years of age.
AB130-engrossed,155,11
8302.255 Interstate corrections compact; additional applicability. 9"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
10under s. 48.366 who are confined to a state prison under s. 302.01
and persons subject
11to an order under s. 938.34 (4h) who are 17 years of age or older.
AB130-engrossed,156,3
14302.31 Use of jails. The county jail may be used for the detention of persons
15charged with crime and committed for trial; for the detention of persons committed
16to secure their attendance as witnesses; to imprison persons committed pursuant to
17a sentence or held in custody by the sheriff for any cause authorized by law; for the
18detention of persons sentenced to imprisonment in state penal institutions or a
19county house of correction, until they are removed to those institutions; for the
20detention of persons participating in the intensive sanctions program; for the
21temporary detention of persons in the custody of the department; and for other
22detentions authorized by law. The county jail may be used for the temporary
23placement of persons in the custody of the department, and persons who have
24attained the age of
18 17 years but have not attained the age of 25 years who are
25under the supervision of the department of health and social services under s. 48.355
1(4) or 48.366 and who have been taken into custody pending revocation of aftercare
2supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision
3under s. 48.357 (5) (e).
AB130-engrossed,156,19
6302.31 Use of jails. The county jail may be used for the detention of persons
7charged with crime and committed for trial; for the detention of persons committed
8to secure their attendance as witnesses; to imprison persons committed pursuant to
9a sentence or held in custody by the sheriff for any cause authorized by law; for the
10detention of persons sentenced to imprisonment in state penal institutions or a
11county house of correction, until they are removed to those institutions; for the
12detention of persons participating in the intensive sanctions program; for the
13temporary detention of persons in the custody of the department; and for other
14detentions authorized by law. The county jail may be used for the temporary
15placement of persons in the custody of the department, other than persons under 17
16years of age, and persons who have attained the age of 17 years but have not attained
17the age of 25 years who are under the supervision of the department of health and
18social services under s. 48.366 or 938.355 (4) and who have been taken into custody
19pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).
AB130-engrossed,157,521
302.386
(1) Except as provided in sub. (5), liability for medical and dental
22services furnished to residents housed in prisons identified in s. 302.01 or in a
23secured correctional facility as defined in s.
48.02
938.02 (15m)
, or in a secured child
24caring institution, as defined in s. 938.02 (15g), or to forensic patients in state
25institutions for those services which are not provided by employes of the department
1shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for
2similar services. The department may waive any such limit if it determines that
3needed services cannot be obtained for the applicable amount. No provider of
4services may bill the resident or patient for the cost of services exceeding the amount
5of the liability under this subsection.
AB130-engrossed,157,117
302.386
(2) (intro.) The liability of the state for medical and dental services
8under sub. (1) does not extend to that part of the medical or dental services of a
9resident housed in a prison identified in s. 302.01
or in, a secured correctional facility
10as defined in s.
48.02 938.02 (15m)
, or a secured child caring institution, as defined
11in s. 938.02 (15g), for which any of the following applies:
AB130-engrossed,157,2313
302.386
(3) The department may require a resident housed in a prison
14identified in s. 302.01
or in, a secured correctional facility as defined in s.
48.02 15938.02 (15m)
, or a secured child caring institution, as defined in s. 938.02 (15g), who
16earns wages during residency and who receives medical or dental services to pay a
17deductible, coinsurance, copayment or similar charge upon the medical or dental
18service that he or she receives. The department shall collect the allowable
19deductible, coinsurance, copayment or similar charge. No provider of services may
20deny care or services because the resident is unable to pay the applicable deductible,
21coinsurance, copayment or similar charge, but an inability to pay these charges does
22not relieve the resident of liability for the charges unless the department excepts or
23waives the liability under criteria that the department shall establish by rule.
AB130-engrossed,158,3
1302.386
(5) (c) Any participant in the corrective sanctions program under s.
2938.533 unless he or she is placed in a Type 1 secured correctional facility, as defined
3in s. 938.02 (19).
AB130-engrossed,158,85
302.386
(5) (d) Any participant in the serious juvenile offender program under
6s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as
7defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized
8under s. 301.046 (1).
AB130-engrossed,159,211
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
12973.0135, the parole commission may parole an inmate of the Wisconsin state
13prisons or any felon or any person serving at least one year or more in a county house
14of correction or a county reforestation camp organized under s. 303.07, when he or
15she has served 25% of the sentence imposed for the offense, or 6 months, whichever
16is greater.
The parole commission may parole a participant in the youthful offender
17program under s. 48.537 when he or she has participated in that program for 2 years. 18Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole
19an inmate serving a life term when he or she has served 20 years, as modified by the
20formula under s. 302.11 (1) and subject to extension using the formulas under s.
21302.11 (2). The person serving the life term shall be given credit for time served prior
22to sentencing under s. 973.155, including good time under s. 973.155 (4). The
23secretary may grant special action parole releases under s. 304.02. The department
24or the parole commission shall not provide any convicted offender or other person
1sentenced to the department's custody any parole eligibility or evaluation until the
2person has been confined at least 60 days following sentencing.
AB130-engrossed,159,205
304.06
(1) (b)
Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
6973.0135, the parole commission may parole an inmate of the Wisconsin state
7prisons or any felon or any person serving at least one year or more in a county house
8of correction or a county reforestation camp organized under s. 303.07, when he or
9she has served 25% of the sentence imposed for the offense, or 6 months, whichever
10is greater. The parole commission may parole a participant in the serious juvenile
11offender program under s. 938.538 when he or she has participated in that program
12for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
13may parole an inmate serving a life term when he or she has served 20 years, as
14modified by the formula under s. 302.11 (1) and subject to extension using the
15formulas under s. 302.11 (2). The person serving the life term shall be given credit
16for time served prior to sentencing under s. 973.155, including good time under s.
17973.155 (4). The secretary may grant special action parole releases under s. 304.02.
18The department or the parole commission shall not provide any convicted offender
19or other person sentenced to the department's custody any parole eligibility or
20evaluation until the person has been confined at least 60 days following sentencing.
AB130-engrossed,159,2522
304.06
(1z) If a person is placed in the youthful offender program under s.
23938.34 (4g), he or she is eligible for a release to parole supervision under this section
24and remains in the youthful offender program unless discharged by the department
25under s. 938.537 (5) (b).
AB130-engrossed,160,64
340.01
(9r) (d) A finding by a court assigned to exercise jurisdiction under
ch. 5chs. 48
and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted
6under ch. 349.
AB130-engrossed,160,208
343.06
(1) (i) To any person who has been convicted of any offense specified
9under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch.
48 10938 for a like or similar offense, when the sentencing court makes a finding that
11issuance of a license will be inimical to the public safety and welfare. The prohibition
12against issuance of a license to the offenders shall apply immediately upon receipt
13of a record of the conviction and the court finding by the secretary, for a period of one
14year or until discharge from any jail or prison sentence or any period of probation or
15parole with respect to the offenses specified, whichever date is the later. Receipt by
16the offender of a certificate of discharge from the department of corrections or other
17responsible supervising agency, after one year has elapsed since the prohibition
18began, entitles the holder to apply for an operator's license. The applicant may be
19required to present the certificate of discharge to the secretary if the latter deems it
20necessary.
AB130-engrossed,161,522
343.30
(5) No court may suspend or revoke an operating privilege except as
23authorized by this chapter or ch.
48, 345
or, 351
or 938 or s. 161.50. When a court
24revokes, suspends or restricts a child's operating privilege under ch.
48 938, the
25department of transportation shall not disclose information concerning or relating
1to the revocation, suspension or restriction to any person other than a court, district
2attorney, county corporation counsel, city, village or town attorney, law enforcement
3agency, or the minor whose operating privilege is revoked, suspended or restricted,
4or his or her parent or guardian. Persons entitled to receive this information shall
5not disclose the information to other persons or agencies.
AB130-engrossed,161,97
343.30
(6) (b) (intro.) If a court imposes suspension or revocation of a person's
8operating privilege under s.
48.344 (2), (2b) or (2d) or 125.07 (4) (c)
or 938.344 (2), (2b)
9or (2d), the suspension or revocation imposed shall be one of the following:
AB130-engrossed,161,1111
752.31
(2) (e) Cases under
ch. chs. 48
and 938.
AB130-engrossed,161,1613
757.69
(1) (intro.) On authority delegated by a judge, which may be by a
14standard order, and with the approval of the chief judge of the judicial administrative
15district, a court commissioner appointed under s. 48.065, 757.68, 757.72
or, 767.13
16or 938.065 may: