SB624: Bill Text

SB624,60,23 938.59 (1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (4d) or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection to determine whether the juvenile 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 juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

SB624, s. 122 Section 122. 938.595 of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,61,7 938.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (4d) 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 juvenile or for the protection of the public that the county department retain supervision.

SB624, s. 123 Section 123. 938.78 (2) (ag) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,61,16 938.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal custodian or juvenile, unless the agency finds that inspection of those records by the juvenile, parent, guardian or legal custodian would result in imminent danger to the juvenile.

SB624, s. 124 Section 124. 938.78 (2) (am) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,62,2 938.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to the juvenile.

SB624, s. 125 Section 125. 938.78 (2) (d) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,62,11 938.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health and social services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4d) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

SB624, s. 126 Section 126. Subchapter XVIII (title) of chapter 938 [precedes 938.795] of the statutes is created to read:

SB624,62,14 Chapter 938

SB624,62,16 Subchapter XVIII Community services

SB624, s. 127 Section 127. Subchapter XX (title) of chapter 938 [precedes 938.983] of the statutes is created to read:

SB624,62,19 Chapter 938

SB624,62,21 Subchapter XX Miscellaneous provisions

SB624, s. 128 Section 128. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, section 639, and 1995 Wisconsin Act .... (Senate Bill 72), is repealed and recreated to read:

SB624,63,15 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

SB624, s. 129 Section 129. 946.42 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB624,63,19 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h) or (4m), to a placement under s. 938.357 (4) or to aftercare revocation under s. 938.357 (5) (e).

SB624, s. 130 Section 130. 946.44 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB624,63,24 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

SB624, s. 131 Section 131. 946.44 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB624,64,7 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

SB624, s. 132 Section 132. 946.45 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB624,64,12 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility and, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

SB624, s. 133 Section 133. 946.45 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB624,64,19 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

SB624, s. 134 Section 134. 970.032 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB624,65,2 970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the court finds child proves by a preponderance of the evidence all of the following:

SB624, s. 135 Section 135. Nonstatutory provisions; corrections.

SB624,65,10 (1)  Rule-making deadline. The department of corrections shall submit the proposed rules required under sections 938.22 (2) (a), 938.357 (5) (g), 938.38 (6), 938.48 (13), 938.533 (2), 938.534 (2), 938.538 (7) and 938.78 (3) of the statutes, as created by 1995 Wisconsin Act 77, section 938.539 (6) of the statutes, as created by this act, and section 938.993 of the statutes, as affected by 1995 Wisconsin Act 77 to the legislative council staff for review under section 227.15 (1) of the statutes by no later than July 1, 1997.

SB624,65,18 (2)  Rule-making exception. Before July 1, 1997, the department of corrections shall administer section 301.02 of the statutes, section 301.03 (9) of the statutes, as affected by 1995 Wisconsin Act 77, section 301.03 (9r) of the statutes, as created by 1995 Wisconsin Act 77, section 301.03 (10) of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, and chapter 938 of the statutes, as created by 1995 Wisconsin Act 77, according to policies and procedures established by that department, but not promulgated as rules, notwithstanding the absence of rules to administer those sections and that chapter.

SB624, s. 136 Section 136. Effective date.

SB624,65,21 (1)  This act takes effect on July 1, 1996, or on the day after publication, whichever is later.

SB624,65,22 (End)