AB600: Bill Text

AB600, s. 43 Section 43. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,19,10 48.50 (1) The department shall examine every child who is placed under its supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and the evaluation under s. 48.533 (2) to determine whether the child is eligible for corrective sanctions supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

AB600, s. 44 Section 44. 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,19,20 48.505 (title) Children placed in a departmental secured correctional facility. The department shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB600, s. 45 Section 45. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,19,25 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the department, the department shall:

AB600, s. 46 Section 46. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,20,7 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the department or a placement in the community under the corrective sanctions program or the youthful offender program, the department of health and social services or the department of corrections shall:

AB600, s. 47 Section 47. 48.53 (title) of the statutes is amended to read:

AB600,20,9 48.53 (title) Duration of departmental control over delinquents.

AB600, s. 48 Section 48. 48.532 (2) of the statutes is amended to read:

AB600,20,14 48.532 (2) Program eligibility. The department may place in the a juvenile boot camp program any child whose legal custody has been transferred to the department under s. 48.34 (4m) for placement who has been placed in a secured correctional facility under the supervision of the department.

AB600, s. 49 Section 49. 48.533 (1) of the statutes is repealed.

AB600, s. 50 Section 50. 48.533 (2) of the statutes is amended to read:

AB600,21,18 48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (a), the department shall provide $433,500, and from the appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for a corrective sanctions program, beginning on July 1, 1994, to serve an average daily population of 105 children, or an average daily population of more that than 105 children if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee county. The juvenile offender review program in the division of youth services in the department shall evaluate and select for participation in the program children who have been placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee county to provide on-site programming after school and in the evening for children from Milwaukee county who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department shall promulgate rules to implement the program.

AB600, s. 51 Section 51. 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,22,8 48.533 (3) Institutional status. A participant in the pilot program under sub. (1) or the program under sub. (2) remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of that child's participation in the pilot program under sub. (1) or the program under sub. (2) the department may, without a hearing, take the child into custody and return the child to placement in a secured correctional facility for up to 72 hours as a sanction for that violation. If the child is returned to a secured correctional facility, for longer than 72 hours, the child is entitled to a hearing under s. 48.357 (5). If a child runs away from the child's placement in the community while participating in the pilot program under sub. (1) or the program under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3) (c).

AB600, s. 52 Section 52. 48.57 (1) (b) of the statutes is amended to read:

AB600,22,13 48.57 (1) (b) To accept legal custody or supervision of children transferred to it by the court under s. 48.355 and to provide special treatment and care if ordered by the court. A court may not order a county department to administer psychotropic medications to children who receive special treatment or care under this paragraph.

AB600, s. 53 Section 53. 48.57 (1) (c) of the statutes is amended to read:

AB600,23,2 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities that are operated by the county department, except that the county department shall may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB600, s. 54 Section 54. 48.57 (1) (cm) of the statutes is created to read:

AB600,23,5 48.57 (1) (cm) To continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

AB600,23,6 1. Is at least 18 years of age.

AB600,23,8 2. Was in the legal custody of the county department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 years of age.

AB600,23,9 3. Is less than 19 years of age.

AB600,23,12 4. Is determined by the county department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.

AB600, s. 55 Section 55. 48.57 (1) (dm) of the statutes is created to read:

AB600,23,19 48.57 (1) (dm) To consent to emergency surgery under the direction of a licensed physician or surgeon for any child in its legal custody or under its supervision under s. 48.34 (4m) or (4n) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the child's parent or guardian.

AB600, s. 56 Section 56. 48.57 (1) (k) of the statutes is created to read:

AB600,23,23 48.57 (1) (k) To pay an allowance to children in its secured correctional facilities and a cash grant to a child being discharged or released to aftercare supervision in the community.

AB600, s. 57 Section 57. 48.57 (1) (L) of the statutes is created to read:

AB600,24,6 48.57 (1) (L) To pay maintenance, tuition and related expenses for persons who when they reached 18 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were in the legal custody of the county department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

AB600, s. 58 Section 58. 48.585 of the statutes is created to read:

AB600,24,16 48.585 County secured correctional facility. (1) The county board of supervisors of any county, or the county boards of supervisors of any 2 or more counties jointly, may establish or contract for a secured correctional facility for the care, treatment and supervision of children who are adjudicated delinquent and who are placed in a secured correctional facility under the supervision of the county department under s. 48.34 (4m). A secured correctional facility established or contracted for under this subsection must be approved by the department of corrections under s. 301.36 before any child may be placed in that secured correctional facility.

AB600,24,20 (2) In counties with a population of 500,000 or more, a secured correctional facility established under sub. (1) shall be governed under s. 46.21. In counties with a population under 500,000, a secured correctional facility established under sub. (1) shall be governed under ss. 46.18, 46.19 and 46.20.

AB600,25,3 (3) The county board of supervisors of a county that has established a secured correctional facility governed under s. 46.21 or the board of trustees of a secured correctional facility governed under ss. 46.18, 46.19 and 46.20 may provide a juvenile boot camp program for children who are placed at the secured correctional facility. The program shall provide participants with a structured and disciplined environment, productive programs and work activities, training in the skills needed to earn a lawful living, personal development and other counseling and substance abuse treatment and education in preparation for release on aftercare supervision.

AB600, s. 59 Section 59. 48.587 of the statutes is created to read:

AB600,25,11 48.587 Notification by court of placement with county department; information for county department. (1) When the court places a child in a secured correctional facility under the supervision of a county department, the court shall immediately notify the county department of that action. The court shall, in accordance with procedures established by the county department, provide transportation for the child to a receiving center designated by the county department or deliver the child to personnel of the county department.

AB600,25,17 (2) When the court places a child in a secured correctional facility under the supervision of a county department, the court and all other public agencies shall also immediately transfer to the county department a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB600, s. 60 Section 60. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,26,8 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4m) or (4n) and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child or placement that is best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. The county department shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

AB600, s. 61 Section 61. 48.591 of the statutes is created to read:

AB600,26,17 48.591 Children placed in a county secured correctional facility. The county department shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under the supervision of the county department under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB600, s. 62 Section 62. 48.593 of the statutes is created to read:

AB600,26,22 48.593 Notification by county department of release of child from correctional custody. (1) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the county department, a county department shall:

AB600,26,24 (a) Notify all of the following local agencies in the community in which the child will reside of the child's return to the community:

AB600,26,25 1. The law enforcement agencies.

AB600,27,1 2. The school district.

AB600,27,2 3. The county departments under ss. 51.42 and 51.437.

AB600,27,4 (b) Notify any known victim of an act for which the child has been found delinquent of the child's release, if all of the following apply:

AB600,27,6 1. The commission of the act by the child is an act which, if committed by an adult, would have been punishable as a crime against another person.

AB600,27,7 2. The victim can be found.

AB600,27,8 3. The victim has sent in a request card under sub. (2).

AB600,27,11 (c) Notify, if the criteria in par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian if the victim died as a result of the crime.

AB600,27,18 (2) A county department shall design and prepare cards for victims specified in sub. (1) (b) and (c) to send to the county department. The cards shall have space for these persons to provide their names and addresses and any other information that the county department determines is necessary. The county department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b) and (c). These persons may send completed cards to the county department.

AB600,27,21 (3) Timely release of a child shall not be prejudiced by the fact that the county department did not notify the victims or the local agencies under sub. (1) within the 15 days.

AB600, s. 63 Section 63. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,28,5 48.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a child who has been adjudged delinquent and placed under the supervision of a county department under s. 48.34 (4m) or (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the child or for the protection of the public that the county department retain supervision.

AB600, s. 64 Section 64. 48.78 (2) (d) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,28,13 48.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department or a county department from disclosing information about an individual formerly under the supervision of the department under s. 48.34 (4m) or formerly under the supervision of the department or county department under s. 48.34 (4m) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB600, s. 65 Section 65. 48.78 (3) of the statutes is amended to read:

AB600,29,3 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions supervision, the department or a county department may release the child's name and any information about the child the department or county department determines to be necessary for the protection of the public or to secure the child's return to the facility or placement. The department shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public.

AB600, s. 66 Section 66. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,29,22 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful offender supervision, the department of health and social services, the department of corrections or a county department may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful offender program.

AB600, s. 67 Section 67. 59.031 (2) (bm) 1. f. of the statutes is created to read:

AB600,29,25 59.031 (2) (bm) 1. f. The superintendent of the county secured correctional facility, as defined in s. 48.02 (15m), under s. 46.21 (1m) (ar).

AB600, s. 68 Section 68. 63.03 (2) (y) of the statutes is amended to read:

AB600,30,5 63.03 (2) (y) Any position of general manager under s. 27.03 (2), director under s. 46.21 (1m) (a), superintendent under s. 46.21 (1m) (ar), department director under s. 59.035, director of personnel under s. 63.02 (2) or county highway commissioner under s. 83.01 (1).

AB600, s. 69 Section 69. 101.123 (1) (i) of the statutes is amended to read:

AB600,30,9 101.123 (1) (i) "State institution" means a prison, a state secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3).

AB600, s. 70 Section 70. 101.123 (4) (am) 1m. of the statutes is created to read:

AB600,30,16 101.123 (4) (am) 1m. The superintendent of a county secured correctional facility or his or her designee may designate areas where smoking is permitted in a county secured correctional facility, unless a fire marshall, law or resolution prohibits smoking in the area. The superintendent or his or her designee may designate an entire room as a smoking area in a county secured correctional facility administered by the superintendent's county.

AB600, s. 71 Section 71. 101.123 (4) (bm) of the statutes is amended to read:

AB600,31,2 101.123 (4) (bm) The person in charge of a state institution, county secured correctional facility, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.

AB600, s. 72 Section 72. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,31,14 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility. In this subsection, "school" and "school district" include any state or county juvenile correctional facility which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB600, s. 73 Section 73. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,32,2 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that legal custody of the pupil has been transferred to the department of corrections or that the pupil has been placed in a juvenile correctional facility. In this subsection, "school" and "school district" include any state or county juvenile correctional facility which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB600, s. 74 Section 74. 230.36 (1) of the statutes is amended to read:

AB600,33,9 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, university of Wisconsin system police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin veterans home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a state secured correctional facility, as defined in s. 48.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and university of Wisconsin hospital and clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB600, s. 75 Section 75. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB600,33,14 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the university of Wisconsin hospital and clinics or at a state penal or mental institution, including a state secured correctional facility, as defined in s. 48.02 (15m), and a state probation and parole officer, at all times while:

AB600, s. 76 Section 76. 301.36 (1) of the statutes is amended to read:

AB600,33,22 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions, all secured correctional facilities, as defined in s. 48.02 (15m), and all secure detention facilities , as defined in s. 48.02 (16), and familiarize itself with all of the circumstances affecting their management and usefulness. The department may take enforcement action as to a secured correctional facility, secure detention facility or the juvenile portion of a county jail only after consultation with the department of health and social services.

AB600, s. 77 Section 77. 301.37 (1) of the statutes is amended to read:

AB600,34,7 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.68 (7), rehabilitation facilities under s. 59.07 (76), lockup facilities as defined in s. 302.30, Huber facilities under s. 303.09 and, after consulting with the department of health and social services, secured correctional facilities, as defined in s. 48.02 (15m), and secure detention facilities, as defined in s. 48.02 (16), with respect to their adequacy and fitness for the needs which they are to serve.

AB600, s. 78 Section 78. 302.18 (7) of the statutes is amended to read:

AB600,34,15 302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections shall keep all prisoners a prisoner under 16 years of age in a secured juvenile correctional facilities facility, but the department of health and social services or a county department under s. 46.215, 46.22 or 46.23, whichever has supervision over the prisoner, with the concurrence of the department of corrections, may transfer them to the prisoner to an adult correctional institutions institution after they attain he or she attains 16 years of age.