AB100: Bill Text

AB100, s. 5235 Section 5235. 938.06 (1) (am) 2. of the statutes is amended to read:

AB100,1943,19 938.06 (1) (am) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

AB100, s. 5236 Section 5236. 938.06 (2) (a) of the statutes is amended to read:

AB100,1944,6 938.06 (2) (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services under this chapter shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB100, s. 5237 Section 5237. 938.06 (2) (am) 1. of the statutes is amended to read:

AB100,1944,11 938.06 (2) (am) 1. Notwithstanding par. (a), any county which had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.

AB100, s. 5238 Section 5238. 938.06 (2) (am) 2. of the statutes is amended to read:

AB100,1944,22 938.06 (2) (am) 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services under this chapter from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services under this chapter from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB100, s. 5239 Section 5239. 938.06 (2) (b) 1. of the statutes is amended to read:

AB100,1945,9 938.06 (2) (b) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100, s. 5240 Section 5240. 938.06 (2) (b) 2. of the statutes is amended to read:

AB100,1945,13 938.06 (2) (b) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

AB100, s. 5241 Section 5241. 938.183 (1m) (c) of the statutes is amended to read:

AB100,1945,18 938.183 (1m) (c) If the juvenile is convicted of a lesser offense and if any of the conditions specified in s. 938.183 (2) (a) 1. or 2. sub. (2) (a) or (b) applies, the court of criminal jurisdiction may impose a criminal penalty or a disposition specified in s. 938.34.

AB100, s. 5242 Section 5242. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).

AB100, s. 5243 Section 5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and amended to read:

AB100,1946,4 938.183 (3) When a juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) for an act committed before July 1, 1998, is eligible for parole under s. 304.06.

AB100, s. 5244 Section 5244. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and amended to read:

AB100,1946,12 938.183 (4) If the juvenile is placed outside the juvenile's home under this subsection section, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for establishment of child support.

AB100, s. 5245 Section 5245. 938.22 (title) of the statutes is amended to read:

AB100,1946,15 938.22 (title) Establishment of secure detention facilities, child caring institutions and shelter care facilities.

AB100, s. 5246 Section 5246. 938.22 (1) (a) of the statutes is amended to read:

AB100,1946,21 938.22 (1) (a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both of any county, or the county boards of supervisors for 2 or more counties may jointly, may establish a secure detention facility, a child caring institution or a shelter care facility or both any combination of those facilities or institutions in accordance with ss. 46.16, 46.20 and 301.36.

AB100, s. 5247 Section 5247. 938.22 (1) (b) of the statutes is amended to read:

AB100,1947,4 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the secure detention facility, child caring institution or shelter care facility shall be determined by the county board of supervisors or, in the case of a secure detention facility, child caring institution or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

AB100, s. 5248 Section 5248. 938.22 (2) (a) of the statutes is amended to read:

AB100,1947,15 938.22 (2) (a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the child caring institution or shelter care facility to the department of health and family services. The applicable department shall review the submitted plans. The counties may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.

AB100, s. 5249 Section 5249. 938.22 (3) (a) of the statutes is amended to read:

AB100,1947,25 938.22 (3) (a) In counties having a population of less than 500,000, public secure detention facilities, public child caring institutions and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secure detention facilities, public child caring institutions or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention facilities, child caring institutions or shelter care facilities, subject to par. (am) and to civil service regulations in counties having civil service.

AB100, s. 5250 Section 5250. 938.22 (7) (a) of the statutes is amended to read:

AB100,1948,9 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100, s. 5251 Section 5251. 938.22 (7) (b) of the statutes is amended to read:

AB100,1948,18 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $50 $55, plus a biennial fee of $15 $16.50 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew continue a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the renewal continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB100, s. 5252 Section 5252. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,1949,3 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB100, s. 5253 Section 5253. 938.22 (7) (c) of the statutes is amended to read:

AB100,1949,10 938.22 (7) (c) A shelter care facility that wishes to renew continue a license issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal continuation date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

AB100, s. 5254 Section 5254. 938.223 (1) of the statutes is amended to read:

AB100,1949,17 938.223 (1) The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure detention facility for the use of one or more Minnesota secure detention facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

AB100, s. 5255 Section 5255. 938.224 of the statutes is created to read:

AB100,1949,25 938.224 Contracts with department for secure detention facility services. (1) The county board of supervisors of any county may contract with the department for the use of a secured correctional facility operated by the department for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

AB100,1950,1 (2) A contract under sub. (1) shall require all of the following:

AB100,1950,3 (a) That the county may use a secured correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:

AB100,1950,5 1. There is no county-operated secure detention facility approved by the department within 75 miles of the county seat of the county.

AB100,1950,7 2. There is no bed space available in a county-operated secure detention facility approved by the department within 75 miles of the county seat of the county.

AB100,1950,11 (b) That the county may use a secured correctional facility for holding a juvenile under sub. (1) only if the department approves that use based on the availability of beds in the secured correctional facility and on the programming needs of the juvenile.

AB100,1950,13 (3) In addition to the requirements under sub. (2), a contract under sub. (1) shall include all of the following:

AB100,1950,17 (a) The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department.

AB100,1950,20 (b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting county and the department.

AB100,1950,22 (4) A juvenile held in custody under sub. (1) is under the supervision and control of the department and is subject to the rules and discipline of the department.

AB100, s. 5256 Section 5256. 938.296 (6) of the statutes is amended to read:

AB100,1951,3 938.296 (6) The court may order the county to pay for the cost of a test or series of tests ordered under sub. (4). This subsection does not prevent recovery of reasonable contribution toward the cost of that test or series of tests from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 301.03 (18).

AB100, s. 5257 Section 5257. 938.30 (6) of the statutes is amended to read:

AB100,1951,20 938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

AB100, s. 5258 Section 5258. 938.31 (7) of the statutes is amended to read:

AB100,1952,11 938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

AB100, s. 5259 Section 5259. 938.33 (3) (b) of the statutes is amended to read:

AB100,1952,15 938.33 (3) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for the establishment of child support.

AB100, s. 5260 Section 5260. 938.33 (4) (b) of the statutes is amended to read:

AB100,1952,19 938.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for the establishment of child support.

AB100, s. 5261 Section 5261. 938.33 (4m) (intro.) of the statutes is amended to read:

AB100,1953,2 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 46.10 301.12 (14) (c) for deviation from the percentage standard. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

AB100, s. 5262 Section 5262. 938.33 (4m) (b) of the statutes is amended to read:

AB100,1953,5 938.33 (4m) (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 46.10 301.12 (14) (c).

AB100, s. 5263 Section 5263. 938.34 (8d) of the statutes is created to read:

AB100,1953,9 938.34 (8d) Delinquency victim and witness assistance surcharge. (a) In addition to any other disposition imposed under this section, the court shall impose a delinquency victim and witness assistance surcharge of $20.

AB100,1953,12 (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

AB100,1953,16 (c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB100,1954,4 (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a surcharge imposed by the court. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

AB100, s. 5264 Section 5264. 938.343 (7) of the statutes is amended to read:

AB100,1954,8 938.343 (7) If the violation is related to the unsafe use of firearms, order the juvenile to attend a course under the hunter education and firearm safety program under s. 29.225 that includes the firearm safety component.

AB100, s. 5265 Section 5265. 938.345 (1) (c) of the statutes is amended to read:

AB100,1954,10 938.345 (1) (c) Order payment of a forfeiture or surcharge.

AB100, s. 5266 Section 5266. 938.355 (2) (b) 4. of the statutes is amended to read:

AB100,1954,16 938.355 (2) (b) 4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for establishment of child support.

AB100, s. 5267 Section 5267. 938.357 (4) (b) 2. of the statutes is amended to read:

AB100,1955,8 938.357 (4) (b) 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. 2., 3. or 4., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

AB100, s. 5268 Section 5268. 938.357 (4) (d) of the statutes is created to read:

AB100,1956,2 938.357 (4) (d) The department may transfer a juvenile who is placed in a Type 1 secured correctional facility to the Racine youthful offender correctional facility named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile offender review in the department has determined that the conduct of the juvenile in the Type 1 secured correctional facility presents a serious problem to the juvenile or others. The factors that the office of juvenile offender review may consider in making that determination shall include, but are not limited to, whether and to what extent the juvenile's conduct in the Type 1 secured correctional facility is violent and disruptive, the security needs of the Type 1 secured correctional facility and whether and to what extent the juvenile is refusing to cooperate or participate in the treatment programs provided for the juvenile in the Type 1 secured correctional facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding the department's exercise of authority under this paragraph unless the department provides for a hearing by rule. A juvenile may seek review of a decision of the department under this paragraph only by the common law writ of certiorari. If the department transfers a juvenile under this paragraph, the department shall send written notice of the transfer to the parent, guardian, legal custodian and committing court.

AB100, s. 5269 Section 5269. 938.357 (4g) (b) of the statutes is amended to read:

AB100,1956,10 938.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or secured child caring institution for a period exceeding 8 months or if the juvenile is subject to s. 48.366 or 938.183 (2). If the department waives that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.

AB100, s. 5270 Section 5270. 938.357 (5m) of the statutes is amended to read:

AB100,1956,23 938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 301.12 (14).