AB150: Bill Text

AB150,917,4 47.02 (4) (a) From the appropriation under s. 20.435 20.445 (5) (bm), provide financial aid to any handicapped person who is receiving vocational rehabilitation training and who has no other source of aid.

AB150, s. 2411 Section 2411. 47.02 (4) (b) of the statutes is amended to read:

AB150,917,8 47.02 (4) (b) Accept gifts, grants and donations to be used for the purposes of this chapter. The department shall deposit all moneys received under this paragraph in the appropriation under s. 20.435 20.445 (5) (i).

AB150, s. 2412 Section 2412. 47.02 (6) of the statutes is repealed.

AB150, s. 2413 Section 2413. 47.03 (1) of the statutes is renumbered 46.293.

AB150, s. 2414 Section 2414. 47.03 (2) of the statutes is amended to read:

AB150,917,14 47.03 (2) The department may accept gifts, grants and donations to be used for the purposes of this section. The department shall deposit all moneys received as gifts, grants and donations in the appropriation under s. 20.435 20.445 (5) (i).

AB150, s. 2415 Section 2415. 47.03 (4) (b) of the statutes is amended to read:

AB150,917,22 47.03 (4) (b) The department may charge a portion of the expenses of its supervised business enterprise program to the net proceeds of each business operating under the program. The department shall establish the procedure for setting these charges by rule, with the participation of a committee of blind vendors established under 20 USC 107b-1. The department shall deposit the moneys from the charges made under this paragraph in the appropriations under s. ss. 20.435 (7) (kd) and 20.445 (5) (h) and (hd) (he).

AB150, s. 2416 Section 2416. 47.03 (7) of the statutes is amended to read:

AB150,918,8 47.03 (7) If the department decides that a business under sub. (4) would not be feasible and profitable in any state building, the department may contract with vending machine operators to install vending machines in the building, giving preference to blind operators of vending machines. The department may, under the procedures established as required under sub. (4) (b), charge the net proceeds of each business operating under this subsection. The department shall deposit the moneys from the charges made under this subsection in the appropriations under s. 20.435 20.445 (5) (h) and (hd) and shall disburse the proceeds to provide services to blind persons under sub. (4) and blind or visually impaired persons under sub. (1), in accordance with 20 USC 107 to 107f.

AB150, s. 2417 Section 2417. 47.03 (10) of the statutes is renumbered 46.295, and 46.295 (1), (4) (b) and (6), as renumbered, are amended to read:

AB150,918,15 46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town or county or private agency, provide funds from the appropriations appropriation under s. 20.435 (5) (a) and (hh) (6) (a) and (hs) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

AB150,918,18 (4) (b) If an interpreter under subd. 1. par. (a) is unavailable, an interpreter for hearing-impaired persons whose qualifications have been determined appropriate by the department.

AB150,918,20 (6) The department shall promulgate rules to implement this subsection section.

AB150, s. 2418 Section 2418. 47.03 (11) (a) of the statutes is amended to read:

AB150,919,4 47.03 (11) (a) The department shall may provide services, including vocational training, craft instruction and a supervised business initiatives program for severely handicapped persons who are eligible for vocational rehabilitation services. Under this subsection, the department may own, lease, manage, supervise or operate businesses for the benefit of severely handicapped persons, including home-based employment and craft work, with the ultimate objective of enabling severely handicapped persons to operate their own businesses. The department shall may assist persons who receive these services in marketing the finished products.

AB150, s. 2419 Section 2419. 47.03 (11) (d) of the statutes is repealed.

AB150, s. 2420 Section 2420. 47.10 of the statutes is repealed.

****Note: This is reconciled s. 47.10. This Section has been affected by drafts with the following LRB numbers: 2182/5 and 2400/1.

AB150, s. 2421 Section 2421. 47.20 of the statutes is renumbered 46.297, and 46.297 (1), as renumbered, is amended to read:

AB150,919,13 46.297 (1) Assistance. From the appropriation under s. 20.435 (5) (7) (d), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.

AB150, s. 2422 Section 2422. 47.25 of the statutes is renumbered 46.298.

AB150, s. 2423 Section 2423. 48.02 (1) of the statutes is amended to read:

AB150,919,18 48.02 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law, "adult" means a person who has attained 17 years of age.

AB150, s. 2424 Section 2424. 48.02 (2) of the statutes is amended to read:

AB150,919,22 48.02 (2) "Child" means a person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained 17 years of age.

AB150, s. 2425 Section 2425. 48.02 (3m) of the statutes is amended to read:

AB150,920,4 48.02 (3m) "Delinquent" means a child who is less than 18 17 years of age and 12 years of age or older who has violated any state or federal criminal law, except as provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 48.355 (6g).

AB150, s. 2426 Section 2426. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,920,13 48.02 (15m) "Secured correctional facility" means a school or correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 is operated and any state treatment facility, as defined in s. 51.01 (15), for the diagnosis, care or treatment of persons adjudged delinquent.

****Note: This is reconciled s. 48.02 (15m). This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2427 Section 2427. 48.06 (1) (b) of the statutes is amended to read:

AB150,920,18 48.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may institute changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 49.52 46.495.

AB150, s. 2428 Section 2428. 48.06 (4) of the statutes is amended to read:

AB150,921,5 48.06 (4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 49.52 46.495, except as provided in s. 46.26. Counties having a population of less than 500,000 may use funds received under ss. 46.26 and 49.52 (1) (d) 46.495 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 49.52 (1) (d) 46.495 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB150, s. 2429 Section 2429. 48.07 (1) of the statutes is repealed.

AB150, s. 2430 Section 2430. 48.08 (3) (a) (intro.) of the statutes is amended to read:

AB150,921,15 48.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department of health and social services personnel designated by that department, personnel of a nonprofit corporation operating a secured correctional facility for girls designated by agreement between that nonprofit corporation and the department of health and social services, and department of corrections personnel designated by agreement between the department of health and social services and the department of corrections have the power of law enforcement authorities to take a child into physical custody under the following conditions:

AB150, s. 2431 Section 2431. 48.12 (1) of the statutes is amended to read:

AB150,921,19 48.12 (1) The court has exclusive jurisdiction, except as provided in ss. 48.17, 48.18 and 48.183, over any child who is less than 17 years of age and 12 years of age or older and who is alleged to be delinquent as defined in s. 48.02 (3m).

AB150, s. 2432 Section 2432. 48.12 (2) of the statutes is amended to read:

AB150,922,3 48.12 (2) If a court proceeding has been commenced under this section before a child is 18 17 years of age, but the child becomes 18 17 years of age before admitting the facts of the petition at the plea hearing or if the child denies the facts, before an adjudication, the court retains jurisdiction over the case to dismiss the action with prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree. If the court finds that the child has failed to fulfill the express terms and conditions of the consent decree or the child objects to the continuation of the consent decree, the court may waive its jurisdiction.

AB150, s. 2433 Section 2433. 48.18 (2m) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,922,11 48.18 (2m) If it appears that the child may be suitable for participation in the youthful serious juvenile offender program under s. 48.537 or the adult intensive sanctions program under s. 301.048, the judge shall order the department of corrections to submit a written report analyzing the child's suitability for participation in those programs and recommending whether the child should be placed in either of those programs.

AB150, s. 2434 Section 2434. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,922,18 48.18 (5) (c) The adequacy and suitability of facilities, services and procedures available for treatment of the child and protection of the public within the juvenile justice system, and, where applicable, the mental health system and the suitability of the child for placement in the youthful serious juvenile offender program under s. 48.537 or the adult intensive sanctions program under s. 301.048.

AB150, s. 2435 Section 2435. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,922,25 48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department of health and social services or a county department, corrective sanctions supervision administered by the department of health and social services or youthful serious juvenile offender supervision administered by the department of corrections.

AB150, s. 2436 Section 2436. 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 377, is amended to read:

AB150,923,7 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, corrective sanctions or youthful serious juvenile offender supervision.

AB150, s. 2437 Section 2437. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150,923,17 48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare, corrective sanctions or youthful serious juvenile offender supervision. For children on aftercare, corrective sanctions or youthful serious juvenile offender supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.

AB150, s. 2438 Section 2438. 48.22 (7) of the statutes is renumbered 48.22 (7) (a) and amended to read:

AB150,924,2 48.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (7m) and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

****Note: This is reconciled s. 48.22 (7) (a). This Section has been affected by drafts with the following LRB numbers: -2160/2 and 2487/1.

AB150, s. 2439 Section 2439. 48.22 (7) (b) of the statutes is created to read:

AB150,924,11 48.22 (7) (b) Before the department may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to the department a biennial fee of $180, plus a biennial fee of $24 per child, based on the number of children that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the renewal date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB150, s. 2440 Section 2440. 48.22 (7) (c) of the statutes is created to read:

AB150,924,17 48.22 (7) (c) A shelter care facility that wishes to renew a license issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

AB150, s. 2441 Section 2441. 48.22 (7m) of the statutes is created to read:

AB150,924,21 48.22 (7m) (a) Before applying for initial licensure or license renewal, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,925,7 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,925,9 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,925,10 1. The person's name.

AB150,925,11 2. The person's social security number.

AB150,925,13 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,925,22 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,925,24 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.22 (7m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2442 Section 2442. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150,926,10 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer legal custody of the child to the department of corrections for participation in the youthful serious juvenile offender program or transfer jurisdiction over the child to adult court.

AB150, s. 2443 Section 2443. 48.235 (4) (a) 3. of the statutes is amended to read:

AB150,926,13 48.235 (4) (a) 3. Petition Subject to par. (c), petition for termination of parental rights or any other matter specified under s. 48.14.

AB150, s. 2444 Section 2444. 48.235 (4) (c) of the statutes is created to read:

AB150,926,20 48.235 (4) (c) The guardian ad litem for a child who has been found to be in need of protection or services shall petition for termination of parental rights over the child if it appears to the guardian ad litem that grounds exist for the termination of parental rights and that termination of parental rights would be in the best interests of the child and if no other person who is authorized to petition for termination of parental rights over the child does so.

AB150, s. 2445 Section 2445. 48.243 (1) (b) of the statutes is amended to read:

AB150,926,23 48.243 (1) (b) The nature and possible consequences of the proceedings including the provisions of ss. 48.17, and 48.18 and 48.366 if applicable;

AB150, s. 2446 Section 2446. 48.255 (1) (intro.) of the statutes is amended to read:

AB150,927,7 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, "In the interest of (child's name), a person under the age of 18", and. A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity:

AB150, s. 2447 Section 2447. 48.255 (1) (cm) of the statutes is created to read:

AB150,927,10 48.255 (1) (cm) Whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB150, s. 2448 Section 2448. 48.255 (2) of the statutes is amended to read:

AB150,927,13 48.255 (2) If any of the facts in sub. (1) (a), (b) or (c) to (cm) are not known or cannot be ascertained by the petitioner, the petition shall so state.

AB150, s. 2449 Section 2449. 48.33 (3) (intro.) of the statutes, as affected by 1993 Wisconsin Act 481, is amended to read:

AB150,927,19 48.33 (3) Correctional placement reports. (intro.) A report recommending placement of a child in the serious juvenile offender program or in a secured correctional facility shall be in writing and, in addition to the information specified under sub. (1) (a) to (d), shall include all of the following:

AB150, s. 2450 Section 2450. 48.33 (3m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150, s. 2451 Section 2451. 48.34 (intro.) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

AB150,928,5 48.34 Disposition of child adjudged delinquent. (intro.) If the judge adjudges a child delinquent, he or she shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. Subsections (4m) and (8) are exclusive dispositions, except that either disposition may be combined with the disposition under sub. (4p), (5), (7m), (7r) or (15) and a disposition under sub. (4m) must be combined with a disposition under sub. (4n). The dispositions under this section are: