AB150: Bill Text

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:

AB150, s. 2452 Section 2452. 48.34 (2r) of the statutes is repealed.

AB150, s. 2453 Section 2453. 48.34 (3g) of the statutes is amended to read:

AB150,928,10 48.34 (3g) If the judge places the child in the community under sub. (2m), (2r), (3) or (10), the judge may order the child to be monitored by an electronic monitoring system.

AB150, s. 2454 Section 2454. 48.34 (4g) (intro.) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,928,16 48.34 (4g) (intro.)  Transfer Unless the judge, in his or her discretion, imposes a disposition under sub. (4m), transfer legal custody to the department of corrections for participation in the youthful serious juvenile offender program under s. 48.537, but only if all of the following apply:

AB150, s. 2455 Section 2455. 48.34 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,929,8 48.34 (4g) (a) The child is 16 14 years of age or over and has been adjudicated delinquent for committing an act that would be punishable as a Class A, B, C or D felony if committed by an adult and the child has been adjudicated delinquent or found to be in need of protection or services previously for committing an act that would be a felony if committed by an adult a violation of s. 161.41 (1), (1m) or (1x), 939.30 that is punishable as a Class C felony if committed by an adult, 939.31 that is punishable as a Class B felony if committed by an adult, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.06, 940.09, 940.11, 940.19 (2) to (6), 940.20, 940.203, 940.205, 940.207, 940.21, 940.225 (1) to (3), 940.23, 940.305, 940.31, 940.32 (2m) or (3m), 940.43, 940.45, 941.20 (2) or (3), 941.21, 941.26 (1) (a) or (b) except as provided in s. 941.26 (2) (c) or (d), 941.26 (1m) or (4) (d) or (e), 941.28, 941.29, 941.295, 941.296, 941.298, 941.30 (1), 941.32, 941.327 (2) (b) 4., 941.38 (2), 943.02, 943.04, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) or (3), 948.04, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a), 948.30 (2), 948.35, 948.36, 948.60 (2) (b) if death results, 948.605 (3) or 948.61 (2) (b).

AB150, s. 2456 Section 2456. 48.34 (4g) (b) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150, s. 2457 Section 2457. 48.34 (4g) (d) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,929,14 48.34 (4g) (d) The report under s. 48.33 (3m) (3) recommends placement of the child in the youthful serious juvenile offender program.

AB150, s. 2458 Section 2458. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,929,18 48.34 (4m) (intro.) Place the child in a secured correctional facility under the supervision of the department, but only if all of the following apply:

AB150, s. 2459 Section 2459. 48.34 (4m) (a) of the statutes is amended to read:

AB150,929,22 48.34 (4m) (a) The child has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more; and.

AB150, s. 2460 Section 2460. 48.34 (4m) (c) of the statutes is created to read:

AB150,930,3 48.34 (4m) (c) The child is under 14 years of age or, if the child is 14 years of age or over, the child has committed a violation other than a violation specified in sub. (4g) (a) or, if the child is 14 years of age or over and has committed a violation specified in sub. (4g) (a), the judge in his or her discretion imposes this disposition rather than the disposition specified in sub. (4g).

AB150, s. 2461 Section 2461. 48.34 (4n) (intro.) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150,930,10 48.34 (4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for children, designate one of the following to provide aftercare supervision for the child following the child's release from a secured correctional facility:

AB150, s. 2462 Section 2462. 48.34 (7r) of the statutes is created to read:

AB150,930,15 48.34 (7r) (a) If the child is adjudicated delinquent under a violation of a violent crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1) (d), the court may require that the child participate for 100 hours in a supervised work program under sub. (9) or perform 100 hours of other community service work.

AB150,930,18 (b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.

AB150, s. 2463 Section 2463. 48.34 (9) (d) of the statutes is amended to read:

AB150,930,22 48.34 (9) (d) Under this subsection, a court may not order a child who is 12 or 13 years of age to perform more than 40 total hours of community service work, except as provided in subs. (7m) and (7r).

AB150, s. 2464 Section 2464. 48.34 (10) (a) of the statutes is amended to read:

AB150,931,3 48.34 (10) (a) The judge may order that a child, on attaining 17 or more years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.

AB150, s. 2465 Section 2465. 48.35 (1) (c) of the statutes is amended to read:

AB150,931,9 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this chapter of any allegation under s. 48.12 shall bar any future proceeding on the same matter in criminal court when the child reaches the age of 18 17. This paragraph does not affect proceedings in criminal court which have been transferred under s. 48.18.

AB150, s. 2466 Section 2466. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,931,19 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) apply for up to 2 years or until the child's 19th 18th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB150, s. 2467 Section 2467. 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150,932,5 48.357 (4g) (a) Not later than 120 days after the date on which the child is placed in a secured correctional facility under the supervision of the department, or not less than 30 days before the date on which the department determines that the child is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare provider designated under s. 48.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB150, s. 2468 Section 2468. 48.36 (1) of the statutes is amended to read:

AB150,932,19 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of health and social services, the department of corrections, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB150,933,3 (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB150, s. 2469 Section 2469. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,933,10 48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare, corrective sanctions or youthful serious juvenile offender supervision. Revocation and other changes in placement may take place only under s. 48.357 or, for a child who is a participant in the youthful serious juvenile offender program, s. 48.537.

AB150, s. 2470 Section 2470. 48.366 (1) (a) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,933,17 48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction as follows:

AB150, s. 2471 Section 2471. 48.366 (1) (b) of the statutes is amended to read:

AB150,933,23 48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

AB150, s. 2472 Section 2472. 48.366 (1) (c) of the statutes is created to read:

AB150,934,3 48.366 (1) (c) A court may not enter an order extending its jurisdiction as provided in par. (a) or (b) with respect to any violation committed after December 31, 1995.

AB150, s. 2473 Section 2473. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,934,12 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 18 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB150, s. 2474 Section 2474. 48.38 (1) (a) of the statutes is amended to read:

AB150,934,15 48.38 (1) (a) "Agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency.

AB150, s. 2475 Section 2475 . 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150,935,2 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB150, s. 2476 Section 2476. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read: