AB150: Bill Text

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:

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.