SB624: Bill Text

SB624,50,15 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility or in a secured child caring institution, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

SB624, s. 105 Section 105. 938.357 (4) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,51,6 938.357 (4) (a) When the juvenile is placed with the department, the department may, after an examination under s. 938.50, place the juvenile in a secured correctional facility or a secured child caring institution or on aftercare supervision, either immediately or after a period of placement in a secured correctional facility or a secured child caring institution. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 secured correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under s. 46.037 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 secured correctional facility or a secured child caring institution 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).

SB624, s. 106 Section 106. 938.357 (4) (b) and (c) of the statutes, as created by 1995 Wisconsin Act 77, are repealed and recreated to read:

SB624,51,15 938.357 (4) (b) 1. If a juvenile whom the department has placed in a Type 2 secured correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 secured correctional facility, the child welfare agency operating the Type 2 secured correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department without a hearing under sub. (1).

SB624,52,6 2. If a juvenile whom the court has placed in a Type 2 child caring institution under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child caring institution, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 secured correctional facility under the supervision of the department, without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed in a Type 1 secured correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 child caring institution in which the juvenile was placed at the rate established under s. 46.037, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

SB624,52,10 3. The child welfare agency operating the Type 2 secured correctional facility or Type 2 child caring institution shall send written notice of a change in placement under subd. 1. or 2. to the parent, guardian, legal custodian, county department and committing court.

SB624,52,12 4. A juvenile may seek review of a decision of the department under subd. 1. or 2. only by the common law writ of certiorari.

SB624,52,20 (c) 1. If a juvenile is placed in a Type 2 secured correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 secured correctional facility in which the juvenile is placed, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 secured correctional facility without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

SB624,53,6 2. If a juvenile is placed in a Type 2 child caring institution under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 child caring institution shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 child caring institution without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

SB624,53,9 3. The child welfare agency operating the Type 2 child caring institution shall send written notice of a change in placement under subd. 1. or 2. to the parent, guardian, legal custodian, county, department and committing court.

SB624,53,11 4. A juvenile may seek review of a decision of the department or county department under subd. 1. or 2. only by the common law writ of certiorari.

SB624, s. 107 Section 107. 938.365 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,53,22 938.365 (6) If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in s. 938.315 (1). The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit specified in this subsection. Failure to object if a hearing is not held within the time limit specified in this subsection waives that time limit.

SB624, s. 108 Section 108. 938.371 of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,54,10 938.371 Access to certain information by substitute care provider. (intro.) At the time of placement of a juvenile in a foster home, treatment foster home, group home or, child caring institution or secured correctional facility under s. 938.183 (2), 938.34, 938.345 or 938.357, or, if the information specified in this section is not available at that time, within 30 days after the date of the placement, the agency that prepared the juvenile's permanency plan shall provide the foster parent, treatment foster parent or operator of the group home or, child caring institution or secured correctional facility with any information contained in the court report submitted under s. 938.33 or permanency plan submitted under s. 938.38, relating to any of the following:

SB624,54,18 (1) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, if the juvenile's parent or a temporary or permanent guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and release of the test results under s. 252.15 (5) (a) 19. and the agency directed to prepare the permanency plan notifies the foster parent, treatment foster parent or operator of the group home or, child caring institution or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

SB624,54,22 (2) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B. The foster parent, treatment foster parent or operator of a group home or, child caring institution or secured correctional facility receiving information under this subsection shall keep the information confidential.

SB624,55,2 (3) Findings or opinions of the court or agency that prepared the court report or permanency plan relating to any mental, emotional, cognitive, developmental or behavioral disability of the juvenile. The foster parent, treatment foster parent or operator of a group home or, child caring institution or secured correctional facility receiving information under this subsection shall keep the information confidential.

SB624, s. 109 Section 109. 938.38 (5m) of the statutes, as created by 1995 Wisconsin Act 77, is repealed.

SB624, s. 110 Section 110. 938.396 (1m) (am) of the statutes is created to read:

SB624,55,9 938.396 (1m) (am) If requested by a school district administrator of a public school district, a law enforcement agency may provide to the school district administrator any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10).

SB624, s. 111 Section 111. 938.396 (2) (am) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,55,18 938.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a record of a court specified in par. (a), or upon request of the juvenile if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or juvenile in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to the child.

SB624, s. 112 Section 112. 938.396 (2m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,56,2 938.396 (2m) (a) Notwithstanding sub. (2), upon request, a court shall open for inspection by the requester the records of the court, other than reports under s. 938.295 or 938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. or a violation of s. 948.30 (1) or for conspiracy under s. 939.31 to commit any violation 938.34 (4h) (a). The requester may further disclose the information to anyone.

SB624, s. 113 Section 113. 938.396 (7) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,56,23 938.396 (7) (c) No information from the juvenile's court records, other than information disclosed under par. (a), (b) or (bm), may be disclosed to the school board of the school district in which the juvenile is enrolled or the school board's designee except by order of the court. Any information provided under this subsection to the school board of the school district in which the juvenile is enrolled or the school board's designee shall be disclosed by the school board or designee to employes of the school district who work directly with the juvenile or who have been determined by the school board or designee to have legitimate educational or safety interests, including safety interests, in the information. A school district employe to whom information is disclosed under this paragraph shall not further disclose the information. A school board shall not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.

SB624, s. 114 Section 114. 938.396 (8) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,57,7 938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history firearms restrictions record search under s. 175.35 (2g) (c).

SB624, s. 115 Section 115. 938.51 (1) (d) of the statutes is created to read:

SB624,57,10 938.51 (1) (d) Notify any witness who testified against the juvenile in any court proceeding involving the delinquent act if all of the following apply:

SB624,57,11 1. The witness can be found.

SB624,57,12 2. The witness has sent in a request card under sub. (2).

SB624, s. 116 Section 116. 938.51 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,57,24 938.51 (2) The department shall design and prepare cards for victims specified in sub. (1) (b) and (c) any person specified in sub. (1) (b), (c) or (d) to send to the department or county department having supervision over the juvenile. The cards shall have space for these persons any such person to provide their names and addresses his or her name, telephone number and mailing address, the name of the applicable juvenile and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims persons specified in sub. (1) (b) and (c) to (d). These persons may send completed cards to the department or county department having supervision over the juvenile.

SB624, s. 117 Section 117. 938.51 (4) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.51 (4) (intro.) and amended to read:

SB624,58,6 938.51 (4) (intro.) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after the department or county department having supervision over the juvenile discovers that escape, that department or county department shall make a reasonable effort to notify by telephone any all of the following persons:

SB624,58,11 (a) Any known victim of the act for which the juvenile was found delinquent, if the criteria under sub. (1) (b) are met; an adult member of the victim's family, if the victim died as a result of the juvenile's delinquent act and if the criteria under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger than 18 years old and if the criteria under sub. (1) (b) are met.

SB624, s. 118 Section 118. 938.51 (4) (b) of the statutes is created to read:

SB624,58,14 938.51 (4) (b) Any witness who testified against the juvenile in any court proceeding involving the delinquent act, if the criteria under sub. (1) (d) are met.

SB624, s. 119 Section 119. 938.538 (5) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

SB624,58,22 938.538 (5) (a) The parole commission juvenile offender review program in the division of juvenile corrections in the department may grant release a participant parole under s. 304.06 to aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole Aftercare supervision of the participant shall be provided by the department.

SB624, s. 120 Section 120. 938.539 of the statutes is created to read:

SB624,59,3 938.539 Type 2 status. (1) A juvenile who is placed in a Type 2 child caring institution under s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB624,59,8 (2) A juvenile who is placed in a Type 2 secured correctional facility under s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB624,59,14 (3) Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 child caring institution under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 secured correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his or her placement in the Type 2 child caring institution or Type 2 secured correctional facility, the juvenile may be placed in a Type 1 secured correctional facility as provided in s. 938.357 (4) (b).

SB624,59,20 (4) Any intentional failure of a juvenile placed in a Type 2 child caring institution under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 secured correctional facility under s. 938.357 (4) (a) or (c) to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the Type 2 child caring institution or Type 2 secured correctional facility is considered an escape under s. 946.42 (3) (c).

SB624,60,7 (5) With respect to a juvenile who is placed in a child caring institution or a secured child caring institution under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the child caring institution or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that child caring institution, secured child caring institution or less restrictive placement as a Type 2 child caring institution or a Type 2 secured correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a child caring institution, secured child caring institution or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (a) or (c).

SB624,60,8 (6) The department shall promulgate rules to implement this section.

SB624, s. 121 Section 121. 938.59 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

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)