SB624,12,2519
48.396
(2) (am) Upon the written permission of the parent, guardian or legal
20custodian of a child who is the subject of a record of a court specified in par. (a), the
21court shall open for inspection by the person named in the permission any records
22specifically identified by the parent, guardian, legal custodian or child in the written
23permission
, unless the court finds, after due notice and hearing, that inspection of
24those records by the person named in the permission would result in imminent
25danger to the child.
SB624,13,133
48.66
(1) The department shall license and supervise child welfare agencies,
4as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
5as required by s. 48.48 and day care centers, as required by s. 48.65. The department
6may license foster homes or treatment foster homes, as provided by s. 48.62, and may
7license and supervise county departments in accordance with the procedures
8specified in this section and in ss. 48.67 to 48.74. The department of corrections may
9license a child welfare agency to operate a secured child caring institution, as defined
10in s. 938.02 (15g), for holding in secure custody children who have been convicted
11under s. 938.183 or adjudicated delinquent under s. 938.34
(4d), (4h) or (4m) and
12referred to the child welfare agency by the court or the department of corrections and
13to provide supervision, care and maintenance for those children.
SB624,13,2116
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
17for inspection or disclosing the contents of a record, upon the request of the parent,
18guardian or legal custodian of the child who is the subject of the record or upon the
19request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
20or child
, unless the agency determines that inspection of those records by the child,
21parent, guardian or legal custodian would result in imminent danger to the child.
SB624,14,624
48.78
(2) (am) Paragraph (a) does not prohibit an agency from making
25available for inspection or disclosing the contents of a record, upon the written
1permission of the parent, guardian or legal custodian of the child who is the subject
2of the record or upon the written permission of the child, if 14 years of age or over,
3to the person named in the permission if the parent, guardian, legal custodian or
4child specifically identifies the record in the written permission
, unless the agency
5determines that inspection of those records by the person named in the permission
6would result in imminent danger to the child.
SB624, s. 20
7Section
20. 48.983 of the statutes, is renumbered 938.983, and 938.983 (2)
8(intro.) and (3), as renumbered, are amended to read:
SB624,14,109
938.983
(2) (intro.)
Except as provided in sub. (3), no
child person under 18
10years of age may do any of the following:
SB624,14,13
11(3) A
child person under 18 years of age may purchase or possess cigarettes or
12tobacco products for the sole purpose of resale in the course of employment during
13his or her working hours if employed by a retailer licensed under s. 134.65 (1).
SB624, s. 21
14Section
21. 51.42 (3) (e) of the statutes, as affected by 1995 Wisconsin Acts 27
15and 64, is amended to read:
SB624,14,2516
51.42
(3) (e)
Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45
17(4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 253.07 (3) (c)
and
18938.78 (2) (a), any subunit of a county department of community programs acting
19under this section may exchange confidential information about a client, without the
20informed consent of the client, with any other subunit of the same county department
21of community programs or with any person providing services to the client under a
22purchase of services contract with the county department of community programs,
23if necessary to enable an employe or service provider to perform his or her duties, or
24to enable the county department of community programs to coordinate the delivery
25of services to the client.
SB624,15,133
51.437
(4r) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4),
49.53 (1m) 49.83,
451.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7)
and, 253.07 (3) (c)
and 938.78
5(2) (a), any subunit of the county department of developmental disabilities services
6acting under this section may exchange confidential information about a client,
7without the informed consent of the client, with any other subunit of the same county
8department of developmental disabilities services or with any person providing
9services to the client under a purchase of services contract with the county
10department of developmental disabilities services, if necessary to enable an employe
11or service provider to perform his or her duties, or to enable the county department
12of developmental disabilities services to coordinate the delivery of services to the
13client.
SB624, s. 23
14Section
23. 103.67 (2) (j) of the statutes is created to read:
SB624,15,1815
103.67
(2) (j) Minors 10 to 13 years of age may be employed as participants in
16a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5) or 938.345
17or a supervised work program or other community service work under s. 938.245 (2)
18(a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3) or 938.345.
SB624,16,521
103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31
22and, 103.78
, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2. and 938.34 (5) (b) and (5g) (c), and
23as may be provided under s. 103.79, a minor, unless indentured as an apprentice in
24accordance with s. 106.01, or unless 12 years and over and engaged in agricultural
25pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program
1under s. 106.13, shall not be employed or permitted to work at any gainful occupation
2or employment unless there is first obtained from the department or a permit officer
3a written permit authorizing the employment of the minor within those periods of
4time stated in the permit, which shall not exceed the maximum hours prescribed by
5law.
SB624, s. 25
6Section
25. 111.35 (2) (d) of the statutes is amended to read:
SB624,16,77
111.35
(2) (d) Constitutes a violation of s.
48.983 938.983 (2).
SB624, s. 26
8Section
26. 118.125 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
977 and .... (Assembly Bill 609), is amended to read:
SB624,16,1610
118.125
(1) (a) "Behavioral records" means those pupil records which include
11psychological tests, personality evaluations, records of conversations, any written
12statement relating specifically to an individual pupil's behavior, tests relating
13specifically to achievement or measurement of ability, the pupil's physical health
14records other than his or her immunization records or any lead screening records
15required under s. 254.162, law enforcement officers' records obtained under s. 48.396
16(1) or 938.396 (1m)
(a) and any other pupil records that are not progress records.
SB624, s. 27
17Section
27. 118.125 (2) (d) of the statutes, as affected by 1995 Wisconsin Acts
1877 and .... (Assembly Bill 609), is repealed and recreated to read:
SB624,17,1719
118.125
(2) (d) Pupil records shall be made available to persons employed by
20the school district which the pupil attends who are required by the department under
21s. 115.28 (7) to hold a license and other school district officials who have been
22determined by the school board to have legitimate educational interests, including
23safety interests, in the pupil records. Law enforcement officers' records obtained
24under s. 938.396 (1m) (a) shall be made available under this paragraph for the
25purposes of s. 118.127 (2) to those employes of the school district who have been
1designated by the school board to receive that information for the purpose of
2providing alcohol and other drug abuse programs. Law enforcement officers' records
3obtained under s. 938.396 (1m) (am) and (b) shall be made available under this
4paragraph for the purposes of s. 118.127 (2m) and (3) to persons employed by the
5school district which the pupil attends who are required by the department under s.
6115.28 (7) to hold a license, to other school district officials who have been determined
7by the school board to have legitimate educational interests, including safety
8interests, in those records and to those employes of the school district who have been
9designated by the school board to receive that information for the purpose of
10providing treatment programs. A school board member or an employe of a school
11district may not be held personally liable for any damages caused by the
12nondisclosure of any information specified in this paragraph unless the member or
13employe acted with actual malice in failing to disclose the information. A school
14district may not be held liable for any damages caused by the nondisclosure of any
15information specified in this paragraph unless the school district or its agent acted
16with gross negligence or with reckless, wanton or intentional misconduct in failing
17to disclose the information.
SB624, s. 28
18Section
28. 118.125 (2) (e) of the statutes, as affected by 1995 Wisconsin Acts
1977 and .... (Assembly Bill 609), is amended to read:
SB624,18,220
118.125
(2) (e) Upon the written permission of an adult pupil, or the parent or
21guardian of a minor pupil, the school shall make available to the person named in
22the permission the pupil's progress records or such portions of the pupil's behavioral
23records as determined by the person authorizing the release. Law enforcement
24officers' records obtained under s. 938.396 (1m)
(a) may not be made available under
1this paragraph unless specifically identified by the adult pupil or by the parent or
2guardian of a minor pupil in the written permission.
SB624, s. 29
3Section
29. 118.125 (3) of the statutes, as affected by 1995 Wisconsin Acts 77
4and .... (Assembly bill 609), is amended to read:
SB624,18,175
118.125
(3) Maintenance of records. Each school board shall adopt rules in
6writing specifying the content of pupil records and the time during which pupil
7records shall be maintained. No behavioral records may be maintained for more than
8one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
9in writing that his or her behavioral records may be maintained for a longer period.
10A pupil's progress records shall be maintained for at least 5 years after the pupil
11ceases to be enrolled in the school. A school board may maintain the records on
12microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or
13in such other form as the school board deems appropriate. A school board shall
14maintain law enforcement officers' records
and other information obtained under s.
15938.396 (1m)
(a) separately from a pupil's other pupil records. Rules adopted under
16this subsection shall be published by the school board as a class 1 notice under ch.
17985.
SB624,18,2320
118.125
(5) (b) Law enforcement officers' records
and other information 21obtained under s. 938.396 (1m) and records of the court assigned to exercise
22jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall not be used as
23the sole basis for expelling or suspending a pupil.
SB624,19,1
1118.127 (title)
Law enforcement
officers' records agency information.
SB624,19,74
118.127
(1) Upon receipt of information from
a law enforcement
officers'
5records obtained agency under s. 938.396 (1m)
(a), the school district administrator
6shall notify any pupil named in the
records information, and the parent or guardian
7of any minor pupil named in the
records information, of the information.
SB624, s. 33
8Section
33. 118.127 (2) of the statutes, as affected by 1995 Wisconsin Acts 77
9and .... (Assembly Bill 609), is amended to read:
SB624,19,1410
118.127
(2) A school district shall use information from law enforcement
11officers' records obtained under s. 938.396 (1m) (a)
1. for the purpose of providing
12alcohol and other drug abuse programs for pupils enrolled in the school district. A
13school district shall not use law enforcement officers' records obtained under s.
14938.396 (1m) (a) as the sole basis for expelling or suspending a pupil.
SB624,19,2217
118.127
(3) A school district shall use information from law enforcement
18officers' records obtained under s. 938.396 (1m) (b) for legitimate educational
or
19safety purposes
, including safety purposes, and for the purpose of providing
20treatment programs for pupils enrolled in the school district. A school district shall
21not use law enforcement officers' records obtained under s. 938.396 (1m) (b) as the
22sole basis for expelling or suspending a pupil.
SB624, s. 35
23Section
35. 118.127 (3) of the statutes, as created by 1995 Wisconsin Act ....
24(Assembly Bill 609), is renumbered 118.127 (2m) and amended to read:
SB624,20,11
1118.127
(2m) A school district may disclose information from
peace law
2enforcement officers' records obtained under s.
48.396 (1m) (a) 2. 938.396 (1m) (am) 3relating to a pupil of the school district as provided in s. 118.125 (2) (d). A school
4district may disclose information from peace officers' records obtained under s.
548.396 (1m) (a) 2. 938.396 (1m) (am) relating to a person who is not a pupil of the
6school district to any person employed by the school district who is required by the
7department under s. 115.28 (7) to hold a license and to other school district officials
8who have been determined by the school board to have legitimate safety interests in
9that information.
A school district shall not use law enforcement officers' records
10obtained under s. 938.396 (1m) (am) as the sole basis for expelling or suspending a
11pupil.
SB624, s. 36
12Section
36. 118.163 (2) (intro.) of the statutes is amended to read:
SB624,20,1513
118.163
(2) (intro.) A county, city, village or town may enact an ordinance
14prohibiting a
child person under 18 years of age from being a habitual truant. The
15ordinance shall provide which of the following dispositions are available to the court:
SB624, s. 37
16Section
37. 118.163 (2) (a) of the statutes is amended to read:
SB624,20,2117
118.163
(2) (a) Suspension of the
child's person's operating privilege, as defined
18in s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall
19immediately take possession of any suspended license and forward it to the
20department of transportation together with a notice stating the reason for and the
21duration of the suspension.
SB624,20,2524
118.163
(2) (b) An order for the
child
person to participate in counseling or a
25supervised work program or other community service work under s. 938.34 (5g).
SB624, s. 39
1Section
39. 118.163 (2) (c) of the statutes is amended to read:
SB624,21,62
118.163
(2) (c) An order for the
child
person to remain at home except during
3hours in which the
child person is attending religious worship or a school program,
4including travel time required to get to and from the school program or place of
5worship. The order may permit a
child person to leave his or her home if the
child 6person is accompanied by a parent or guardian.
SB624,21,109
118.163
(2) (d) An order for the
child
person to attend an educational program
10under s. 938.34 (7d).
SB624,21,1513
118.163
(2) (e) An order for the department of industry, labor and human
14relations to revoke, under s. 103.72, a permit under s. 103.70 authorizing the
15employment of the
child person.
SB624,21,1918
118.163
(2) (f) An order for the
juvenile person to be placed in a teen court
19program as described in s. 938.342 (1) (f).
SB624, s. 43
20Section
43. 118.163 (2m) of the statutes is amended to read:
SB624,22,321
118.163
(2m) A county, city, village or town may enact an ordinance permitting
22a court to suspend the operating privilege, as defined in s. 340.01 (40), of a
child 23person who is at least 16 years of age but less than 18 years of age and is a dropout.
24The ordinance shall provide that the court may suspend the
child's person's 25operating privilege, as defined in s. 340.01 (40), until the
child person reaches the age
1of 18. The court shall immediately take possession of any suspended license and
2forward it to the department of transportation together with a notice stating the
3reason for and the duration of the suspension.
SB624, s. 44
4Section
44. 134.66 (2) (a) of the statutes is amended to read:
SB624,22,105
134.66
(2) (a) No retailer, manufacturer or distributor may sell or give
6cigarettes or tobacco products to any person under the age of 18, except as provided
7in s.
48.983 938.983 (3). A vending machine operator is not liable under this
8paragraph for the purchase of cigarettes or tobacco products from his or her vending
9machine by a person under the age of 18 if the vending machine operator was
10unaware of the purchase.
SB624, s. 45
11Section
45. 134.66 (2) (b) of the statutes is amended to read:
SB624,22,1512
134.66
(2) (b) 1. A retailer shall post a sign in areas within his or her premises
13where cigarettes or tobacco products are sold to consumers stating that the sale of
14any cigarette or tobacco product to a person under the age of 18 is unlawful under
15this section and s.
48.983 938.983.
SB624,22,1916
2. A vending machine operator shall attach a notice in a conspicuous place on
17the front of his or her vending machines stating that the purchase of any cigarette
18or tobacco product by a person under the age of 18 is unlawful under s.
48.983 938.983 19and that the purchaser is subject to a forfeiture of not to exceed $25.
SB624,23,1022
146.81
(5) "Person authorized by the patient" means the parent, guardian or
23legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
24vested with supervision of the child under s. 938.183 or 938.34
(4d), (4h), (4m) or (4n),
25the guardian of a patient adjudged incompetent, as defined in s. 880.01 (3) and (4),
1the personal representative or spouse of a deceased patient, any person authorized
2in writing by the patient or a health care agent designated by the patient as a
3principal under ch. 155 if the patient has been found to be incapacitated under s.
4155.05 (2), except as limited by the power of attorney for health care instrument. If
5no spouse survives a deceased patient, "person authorized by the patient" also means
6an adult member of the deceased patient's immediate family, as defined in s. 632.895
7(1) (d). A court may appoint a temporary guardian for a patient believed incompetent
8to consent to the release of records under this section as the person authorized by the
9patient to decide upon the release of records, if no guardian has been appointed for
10the patient.
SB624, s. 47
11Section
47. 301.08 (1) (b) 3. of the statutes is created to read:
SB624,23,2212
301.08
(1) (b) 3. Contract with public, private or voluntary agencies for the
13supervision, maintenance and operation of secured correctional facilities, as defined
14in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured
15child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles
16who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34
17(4d), (4h) or (4m). The department may designate a secured correctional facility,
18child caring institution or a secured child caring institution contracted for under this
19subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and
20may designate a child caring institution or secured child caring institution
21contracted for under this subdivision as a Type 2 child caring institution, as defined
22in s. 938.02 (19r).
SB624,24,13
1301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
2transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
3under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
4correctional institutions, secured child caring institutions, as defined in s. 938.02
5(15g), alternate care providers, aftercare supervision providers and corrective
6sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
7care of any child 14 years of age or over who has been placed in a juvenile correctional
8facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a),
940.01,
9940.02, 940.03,
940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4.,
10943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30
(2),
11948.35 (1) (b) or 948.36
and for the care of any child 10 years of age or over who has
12been placed in a secured child caring institution for attempting or committing a
13violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
SB624,25,616
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
17973.0135, the parole commission may parole an inmate of the Wisconsin state
18prisons or any felon or any person serving at least one year or more in a county house
19of correction or a county reforestation camp organized under s. 303.07, when he or
20she has served 25% of the sentence imposed for the offense, or 6 months, whichever
21is greater.
The parole commission may parole a participant in the serious juvenile
22offender program under s. 938.538 when he or she has participated in that program
23for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
24may parole an inmate serving a life term when he or she has served 20 years, as
25modified by the formula under s. 302.11 (1) and subject to extension using the
1formulas under s. 302.11 (2). The person serving the life term shall be given credit
2for time served prior to sentencing under s. 973.155, including good time under s.
3973.155 (4). The secretary may grant special action parole releases under s. 304.02.
4The department or the parole commission shall not provide any convicted offender
5or other person sentenced to the department's custody any parole eligibility or
6evaluation until the person has been confined at least 60 days following sentencing.
SB624,25,1311
778.25
(1) (a) 4. Under s.
48.983
938.983 brought against
an adult in circuit
12court or against a minor in the court assigned to exercise jurisdiction under chs. 48
13and 938.
SB624,26,916
895.035
(2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
17938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise
18jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred
19prosecution agreement or if it appears likely that the child will not pay restitution
20as ordered or agreed to, the victim, the victim's insurer, the representative of the
21public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a),
22supervising the child may petition the court assigned to exercise jurisdiction under
23chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered
24and docketed as a judgment against the child and the parent with custody of the child
25and in favor of the victim or the victim's insurer, or both. A petition under this
1paragraph may be filed after the expiration of the deferred prosecution agreement,
2consent decree, dispositional order or sentence under which the restitution is
3payable, but no later than one year after the expiration of the deferred prosecution
4agreement, consent decree, dispositional order or sentence or any extension of the
5consent decree, dispositional order or sentence.
A judgment rendered under this
6paragraph does not bar the victim or the victim's insurer, or both, from commencing
7another action seeking compensation from the child or the parent, or both, if the
8amount of restitution ordered under this paragraph is less than the total amount of
9damages claimed by the victim or the victim's insurer.
SB624,26,2312
895.035
(2m) (b) If a child fails to pay a forfeiture as ordered by a court assigned
13to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears
14likely that the child will not pay the forfeiture as ordered, the representative of the
15public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising
16the child or the law enforcement agency that issued the citation to the child may
17petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that
18the amount of the forfeiture unpaid by the child be entered and docketed as a
19judgment against the child and the parent with custody of the child
and in favor of
20the county or appropriate municipality. A petition under this paragraph may be filed
21after the expiration of the dispositional order or sentence under which the forfeiture
22is payable, but no later than one year after the expiration of the dispositional order
23or sentence or any extension of the dispositional order or sentence.
SB624,27,6
1938.02
(15m) "Secured correctional facility" means a correctional institution
2operated or contracted for by the department for holding in secure custody persons
3adjudged delinquent. "Secured correctional facility" includes the facility at which the
4juvenile boot camp program under s. 938.532 is operated
, and a facility authorized
5under s. 938.533 (3) (b)
and a facility authorized under s., 938.538 (4) (b)
or 938.539
6(5).
SB624,27,129
938.02
(19) "Type 1 secured correctional facility" means a secured correctional
10facility, but excludes any correctional institution that meets the criteria under sub.
11(15m) solely because of its status under s. 938.533 (3) (b)
or, 938.538 (4) (b)
or 938.539
12(5).
SB624, s. 56
13Section
56. 938.02 (19r) of the statutes is created to read:
SB624,27,1714
938.02
(19r) "Type 2 child caring institution" means a child caring institution
15that is designated by the department to provide care and maintenance for juveniles
16who have been placed in the child caring institution under the supervision of a county
17department under s. 938.34 (4d).
SB624,27,2220
938.02
(20) "Type 2 secured correctional facility" means a secured correctional
21facility that meets the criteria under sub. (15m) solely because of its status under s.
22938.533 (3) (b)
or, 938.538 (4) (b)
or 938.539 (5).
SB624, s. 58
23Section
58. 938.028 of the statutes is created to read:
SB624,28,3
1938.028 Custody of Indian children. The Indian child welfare act,
25 USC
21911 to
1963, supercedes the provisions of this chapter in any child custody
3proceeding governed by that act.
SB624,28,66
938.065
(3) (f) Make any dispositional order under s. 938.34
(4d), (4h) or (4m).