SB624,60,2311 938.59 (1) The county department shall investigate the personal and family
12history and environment of any juvenile transferred to its legal custody or placed
13under its supervision under s. 938.34 (4d) or (4n) and make any physical or mental
14examinations of the juvenile considered necessary to determine the type of care
15necessary for the juvenile. The county department shall screen a juvenile who is
16examined under this subsection to determine whether the juvenile is in need of
17special treatment or care because of alcohol or other drug abuse, mental illness or
18severe emotional disturbance. The county department shall keep a complete record
19of the information received from the court, the date of reception, all available data
20on the personal and family history of the juvenile, the results of all tests and
21examinations given the juvenile and a complete history of all placements of the
22juvenile while in the legal custody or under the supervision of the county
23department.
SB624, s. 122 24Section 122. 938.595 of the statutes, as created by 1995 Wisconsin Act 77, is
25amended to read:
SB624,61,7
1938.595 Duration of control of county departments over delinquents.
2Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and
3placed under the supervision of a county department under s. 938.34 (4d) or (4n)
4shall be discharged as soon as the county department determines that there is a
5reasonable probability that it is no longer necessary either for the rehabilitation and
6treatment of the juvenile or for the protection of the public that the county
7department retain supervision.
SB624, s. 123 8Section 123. 938.78 (2) (ag) of the statutes, as created by 1995 Wisconsin Act
977
, is amended to read:
SB624,61,1610 938.78 (2) (ag) Paragraph (a) does not prohibit an agency from making
11available for inspection or disclosing the contents of a record, upon the request of the
12parent, guardian or legal custodian of the juvenile who is the subject of the record
13or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian,
14legal custodian or juvenile, unless the agency finds that inspection of those records
15by the juvenile, parent, guardian or legal custodian would result in imminent danger
16to the juvenile
.
SB624, s. 124 17Section 124. 938.78 (2) (am) of the statutes, as created by 1995 Wisconsin Act
1877
, is amended to read:
SB624,62,219 938.78 (2) (am) Paragraph (a) does not prohibit an agency from making
20available for inspection or disclosing the contents of a record, upon the written
21permission of the parent, guardian or legal custodian of the juvenile who is the
22subject of the record or upon the written permission of the juvenile, if 14 years of age
23or over, to the person named in the permission if the parent, guardian, legal
24custodian or juvenile specifically identifies the record in the written permission,

1unless the agency determines that inspection of those records by the person named
2in the permission would result in imminent danger to the juvenile
.
SB624, s. 125 3Section 125. 938.78 (2) (d) (intro.) of the statutes, as created by 1995 Wisconsin
4Act 77
, is amended to read:
SB624,62,115 938.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health
6and social services or a county department from disclosing information about an
7individual formerly in the legal custody or under the supervision of that department
8under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that
9department or county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4d)
10or
(4n) to the department of corrections, if the individual is at the time of disclosure
11any of the following:
SB624, s. 126 12Section 126. Subchapter XVIII (title) of chapter 938 [precedes 938.795] of the
13statutes is created to read:
SB624,62,1414 Chapter 938
SB624,62,1615 Subchapter XVIII
16 Community services
SB624, s. 127 17Section 127. Subchapter XX (title) of chapter 938 [precedes 938.983] of the
18statutes is created to read:
SB624,62,1919 Chapter 938
SB624,62,2120 Subchapter XX
21 Miscellaneous provisions
SB624, s. 128 22Section 128. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
2377
, section 639, and 1995 Wisconsin Act .... (Senate Bill 72), is repealed and recreated
24to read:
SB624,63,15
1946.42 (1) (a) "Custody" includes without limitation actual custody of an
2institution, including a secured juvenile correctional facility, as defined in s. 938.02
3(15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure
4detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as
5defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer
6or institution guard and constructive custody of prisoners and juveniles subject to an
7order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e)
8temporarily outside the institution whether for the purpose of work, school, medical
9care, a leave granted under s. 303.068, a temporary leave or furlough granted to a
10juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the
11sheriff of the county to which the prisoner was transferred after conviction. It does
12not include the custody of a probationer or parolee by the department of corrections
13or a probation or parole officer or the custody of a person who has been released to
14aftercare supervision under ch. 938 unless the person is in actual custody or is
15subject to a confinement order under s. 973.09 (4).
SB624, s. 129 16Section 129. 946.42 (3) (c) of the statutes, as affected by 1995 Wisconsin Act
1777
, is amended to read:
SB624,63,1918 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h) or (4m), to a
19placement under s. 938.357 (4) or to aftercare revocation under s. 938.357 (5) (e).
SB624, s. 130 20Section 130. 946.44 (2) (c) of the statutes, as affected by 1995 Wisconsin Act
2177
, is amended to read:
SB624,63,2422 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and,
23as defined in s. 938.02 (15m),
a secured child caring institution, as defined in s.
24938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).
SB624, s. 131
1Section 131. 946.44 (2) (d) of the statutes, as affected by 1995 Wisconsin Act
277
, is amended to read:
SB624,64,73 946.44 (2) (d) "Prisoner" includes a person who is under the supervision of the
4department of corrections under s. 938.34 (4h) or placed in a secured correctional
5facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5)
6(e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject
7to an order under s. 48.366.
SB624, s. 132 8Section 132. 946.45 (2) (c) of the statutes, as affected by 1995 Wisconsin Act
977
, is amended to read:
SB624,64,1210 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility and,
11as defined in s. 938.02 (15m),
a secured child caring institution, as defined in s.
12938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).
SB624, s. 133 13Section 133. 946.45 (2) (d) of the statutes, as affected by 1995 Wisconsin Act
1477
, is amended to read:
SB624,64,1915 946.45 (2) (d) "Prisoner" includes a person who is under the supervision of the
16department of corrections under s. 938.34 (4h) or placed in a secured correctional
17facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5)
18(e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject
19to an order under s. 48.366.
SB624, s. 134 20Section 134. 970.032 (2) (intro.) of the statutes, as affected by 1995 Wisconsin
21Act 77
, is amended to read:
SB624,65,222 970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1), the
23court shall determine whether to retain jurisdiction or to transfer jurisdiction to the
24court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain

1jurisdiction unless the court finds child proves by a preponderance of the evidence
2all of the following:
SB624, s. 135 3Section 135. Nonstatutory provisions; corrections.
SB624,65,10 4(1)  Rule-making deadline. The department of corrections shall submit the
5proposed rules required under sections 938.22 (2) (a), 938.357 (5) (g), 938.38 (6),
6938.48 (13), 938.533 (2), 938.534 (2), 938.538 (7) and 938.78 (3) of the statutes, as
7created by 1995 Wisconsin Act 77, section 938.539 (6) of the statutes, as created by
8this act, and section 938.993 of the statutes, as affected by 1995 Wisconsin Act 77 to
9the legislative council staff for review under section 227.15 (1) of the statutes by no
10later than July 1, 1997.
SB624,65,18 11(2)  Rule-making exception. Before July 1, 1997, the department of corrections
12shall administer section 301.02 of the statutes, section 301.03 (9) of the statutes, as
13affected by 1995 Wisconsin Act 77, section 301.03 (9r) of the statutes, as created by
141995 Wisconsin Act 77, section 301.03 (10) of the statutes, as affected by 1995
15Wisconsin Acts 27 and 77, and chapter 938 of the statutes, as created by 1995
16Wisconsin Act 77
, according to policies and procedures established by that
17department, but not promulgated as rules, notwithstanding the absence of rules to
18administer those sections and that chapter.
SB624, s. 136 19Section 136. Effective date.
SB624,65,21 20(1) This act takes effect on July 1, 1996, or on the day after publication,
21whichever is later.
SB624,65,2222 (End)
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