AB100-engrossed,2240,10
1938.36
(1) (b) In determining the amount of support under par. (a), the court
2may consider all relevant financial information or other information relevant to the
3parent's earning capacity, including information reported
under s. 49.22 (2m) to the
4department of
health and family services workforce development, or the county child
5and spousal support agency, under s.
46.25 (2m) 59.53 (5). If the court has
6insufficient information with which to determine the amount of support, the court
7shall order the juvenile's parent to furnish a statement of income, assets, debts and
8living expenses, if the parent has not already done so, to the court within 10 days
9after the court's order transferring custody or designating an alternative placement
10is entered or at such other time as ordered by the court.
AB100-engrossed,2240,1712
938.365
(2g) (a) At the hearing the person or agency primarily responsible for
13providing services to the juvenile shall file with the court a written report stating to
14what extent the dispositional order has been meeting the objectives of the plan for
15the juvenile's rehabilitation or care and treatment. The
office of juvenile offender
16review
program may file a written report regarding any juvenile examined by the
17program.
AB100-engrossed,2241,219
938.396
(1m) (a)
If requested by the school district administrator of a public
20school district, a A law enforcement agency
, on its own initiative or on the request
21of the school district administrator of a public school district or the school district
22administrator's designee, may
, subject to official agency policy, provide to the school
23district administrator
or designee any information in its records relating to the use,
24possession or distribution of alcohol or a controlled substance or controlled substance
1analog by a
pupil juvenile enrolled in the public school district. The information shall
2be used by the school district as provided under s. 118.127 (2).
AB100-engrossed,2241,104
938.396
(1m) (am)
If requested by a school district administrator of a public
5school district, a A law enforcement agency
, on its own initiative or on the request
6of the school district administrator of a public school district or the school district
7administrator's designee, may, subject to official agency policy, provide to the school
8district administrator
or designee any information in its records relating to the
9illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10).
10The information shall be used by the school district as provided in s. 118.127 (2).
AB100-engrossed,2241,1912
938.396
(1m) (ar) A law enforcement agency, on its own initiative or on the
13request of the school district administrator of a public school district or the school
14district administrator's designee, may, subject to official agency policy, provide to the
15school district administrator or designee any information in its records relating to
16an act for which a juvenile enrolled in the school district was taken into custody
17under s. 938.19 based on a law enforcement officer's belief that the juvenile was
18committing or had committed an act that is a violation specified in s. 938.34 (4h) (a).
19The information shall be used by the school district as provided in s. 118.127 (2).
AB100-engrossed,2242,321
938.396
(1m) (b)
If requested by the school district administrator of a public
22school district, a A law enforcement agency
, on its own initiative or on the request
23of the school district administrator of a public school district or the school district
24administrator's designee, may
disclose, subject to official agency policy, provide to
25the school district administrator
or designee any information in its records relating
1to the act for which a juvenile enrolled in the public school district was adjudged
2delinquent. The information shall be used by the school district as provided in s.
3118.127
(3) (2).
AB100-engrossed,2242,175
938.48
(4) Provide appropriate care and training for juveniles under its
6supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including
7serving those juveniles in their own homes, placing them in licensed foster homes or
8licensed treatment foster homes in accordance with s. 48.63 or licensed group homes,
9contracting for their care by licensed child welfare agencies or replacing them in
10juvenile correctional institutions or secured child caring institutions in accordance
11with rules promulgated under ch. 227, except that the department may not purchase
12the educational component of private day treatment programs for juveniles in its
13custody unless the department, the school board as defined in s. 115.001 (7) and the
14secretary of education state superintendent of public instruction all determine that
15an appropriate public education program is not available. Disputes between the
16department and the school district shall be resolved by the
secretary of education 17state superintendent of public instruction.
AB100-engrossed,2242,2519
938.48
(14) Pay maintenance, tuition and related expenses from the
20appropriation under s. 20.410 (3)
(am) and (ho) for persons who when they reached
2117 years of age were students regularly attending a school, college or university or
22regularly attending a course of vocational or technical training designed to fit them
23for gainful employment, and who when reaching that age were under the supervision
24of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result
25of a judicial decision.
AB100-engrossed,2243,8
2938.53 Duration of control of department over delinquents. Except as
3provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
4been placed under the supervision of the department under s. 938.183, 938.34
(4h), 5(4m)
, (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department
6determines that there is a reasonable probability that it is no longer necessary either
7for the rehabilitation and treatment of the juvenile or for the protection of the public
8that the department retain supervision.
AB100-engrossed,2244,1110
938.533
(2) Corrective sanctions program. From the appropriation under s.
1120.410 (3) (hr), the department shall provide a corrective sanctions program to serve
12an average daily population of
105 106 juveniles in fiscal year 1997-98 and 136
13juveniles
in fiscal year 1998-99, or an average daily population of more than
105 106
14juveniles in fiscal year 1997-98 and 136 juveniles
in fiscal year 1998-99 if the
15appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
16the positions for the program are increased under s. 13.101 or 16.505 (2)
or if funding
17and positions to serve more than those average daily populations are otherwise
18available, in not less than 3 counties, including Milwaukee County. The
office of 19juvenile offender review
program in the department shall evaluate and select for
20participation in the program juveniles who have been placed under the supervision
21of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The
22department shall place a program participant in the community, provide intensive
23surveillance of that participant and provide an average of $5,000 per year per slot
24to purchase community-based treatment services for each participant. The
25department shall make the intensive surveillance required under this subsection
1available 24 hours a day, 7 days a week, and may purchase or provide electronic
2monitoring for the intensive surveillance of program participants. The department
3shall provide a report center in Milwaukee County to provide on-site programming
4after school and in the evening for juveniles from Milwaukee County who are placed
5in the corrective sanctions program. A contact worker providing services under the
6program shall have a case load of approximately 10 juveniles and, during the initial
7phase of placement in the community under the program of a juvenile who is
8assigned to that contact worker, shall have not less than one face-to-face contact per
9day with that juvenile. Case management services under the program shall be
10provided by a corrective sanctions agent who shall have a case load of approximately
1115 juveniles. The department shall promulgate rules to implement the program.
AB100-engrossed,2244,1613
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
14correctional facility, a secured child caring institution or, if the participant is 17 years
15of age or over
or 15 years of age or over and transferred under s. 938.357 (4) (d), a
16Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB100-engrossed,2244,2418
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
19committing an act that would be a Class A felony if committed by an adult, placement
20in a Type 1 secured correctional facility, a secured child caring institution or, if the
21participant is 17 years of age or over
or 15 years of age or over and transferred under
22s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant
23reaches 25 years of age, unless the participant is released sooner, subject to a
24mandatory minimum period of confinement of not less than one year.
AB100-engrossed,2245,5
1938.538
(5) (a) The
office of juvenile offender review
program in the division
2of juvenile corrections in the department may release a participant to aftercare
3supervision under s. 301.03 (10) (d) at any time after the participant has completed
42 years of participation in the serious juvenile offender program. Aftercare
5supervision of the participant shall be provided by the department.
AB100-engrossed,2245,107
938.538
(5) (c) Sections 938.357 and 938.363 do not apply to changes of
8placement and revisions of orders for a juvenile who is a participant in the serious
9juvenile offender program
, except that s. 938.357 (4) (d) applies to the transfer of a
10participant to the Racine youthful offender correctional facility named in s. 302.01.
AB100-engrossed,2245,2412
938.57
(1) (c) Provide appropriate protection and services for juveniles in its
13care, including providing services for juveniles and their families in their own homes,
14placing the juveniles in licensed foster homes, licensed treatment foster homes or
15licensed group homes in this state or another state within a reasonable proximity to
16the agency with legal custody or contracting for services for them by licensed child
17welfare agencies or replacing them in juvenile correctional institutions or secured
18child caring institutions in accordance with rules promulgated under ch. 227, except
19that the county department may not purchase the educational component of private
20day treatment programs unless the county department, the school board as defined
21in s. 115.001 (7) and the
secretary of education
state superintendent of public
22instruction all determine that an appropriate public education program is not
23available. Disputes between the county department and the school district shall be
24resolved by the
secretary of education state superintendent of public instruction.
AB100-engrossed,2246,11
1938.57
(4) A county department may provide aftercare supervision under s.
248.34 938.34 (4n) for juveniles who are released from secured correctional facilities
3or secured child caring institutions operated by the department. If a county
4department intends to change its policy regarding whether the county department
5or the department shall provide aftercare supervision for juveniles released from
6secured correctional facilities or secured child caring institutions operated by the
7department, the county executive or county administrator, or, if the county has no
8county executive or county administrator, the chairperson of the county board of
9supervisors, or, for multicounty departments, the chairpersons of the county boards
10of supervisors jointly, shall submit a letter to the department stating that intent
11before July 1 of the year preceding the year in which the policy change will take effect.
AB100-engrossed,2246,1413
943.13
(4m) (b) A hunter entering land that is required to be open for hunting
14under s. 29.59 (4m) or 29.598
(7m) (5).
AB100-engrossed,2246,2016
943.38
(1) (intro.) Whoever with intent to defraud falsely makes or alters a
17writing or object of any of the following kinds so that it purports to have been made
18by another, or at another time, or with different provisions, or by authority of one who
19did not give such authority,
is guilty of a Class C felony may be penalized as provided
20in sub. (1m):
AB100-engrossed,2246,2422
943.38
(1) (a) A writing or object whereby legal rights or obligations are
23created, terminated or transferred, or any writing commonly relied upon in business
24or commercial transactions as evidence of debt or property rights
; or.
AB100-engrossed,2247,2
1943.38
(1) (b) A public record or a certified or authenticated copy
thereof; or of
2a public record.
AB100-engrossed,2247,54
943.38
(1) (c) An official authentication or certification of a copy of a public
5record
; or.
AB100-engrossed,2247,77
943.38
(1m) Whoever violates sub. (1):
AB100-engrossed,2247,98
(a) Is guilty of a Class A misdemeanor if the value or purported value,
9whichever is greater, of the writing or object does not exceed $1,000.
AB100-engrossed,2247,1110
(b) Is guilty of a Class C felony if the value or purported value, whichever is
11greater, of the writing or object exceeds $1,000.
AB100-engrossed,2247,1813
943.38
(2) Whoever utters as genuine or possesses with intent to utter as false
14or as genuine any forged writing or object mentioned in sub. (1), knowing it to have
15been thus falsely made or altered, is guilty of a Class C felony
if the value or
16purported value, whichever is greater, of the writing or object exceeds $1,000 and a
17Class A misdemeanor if the value or purported value of the writing or object does not
18exceed $1,000.
AB100-engrossed,2247,2520
943.60
(1) Any person who submits for filing, entering or recording any lien,
21claim of lien, lis pendens, writ of attachment
, financing statement or any other
22instrument relating to
a security interest in or title
in to real or personal property,
23knowing and who knows or should have known that the contents or any part of the
24contents
to be of the instrument are false,
a sham or frivolous, is guilty of a Class
E 25D felony.
AB100-engrossed,2248,92
943.75
(3) Subsection (2) does not apply to any humane officer, local health
3officer, peace officer, employe of the department of natural resources while on any
4land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
5wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
6and consumer protection if the officer's or employe's acts are in good faith and in an
7apparently authorized and reasonable fulfillment of his or her duties. This
8subsection does not limit any other person from claiming the defense of privilege
9under s. 939.45 (3).
AB100-engrossed,2248,1311
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the
department
12of education educational approval board under s.
38.51 39.51 or is a school described
13in s.
38.51 39.51 (9) (f), (g) or (h); and
AB100-engrossed,2248,1715
945.01
(5) (am) "Lottery" does not include bingo or a raffle conducted under ch.
16563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any
17multistate multijurisdictional lottery conducted under ch. 565.
AB100-engrossed,2248,2520
945.095
(1) (d) The person provides the
gaming board department of
21administration, prior to the importation of the gambling devices into the state, all
22records that account for the gambling devices, including the identification number
23affixed to each gambling device by the manufacturer, and that identify the location
24where the gambling devices will be stored prior to the installation of the gambling
25devices on the vessel.
AB100-engrossed,2249,5
1(f) If the person removes used gambling devices from a vessel, the person shall
2provide the
gaming board department of administration with an inventory of the
3used gambling devices prior to their removal from the vessel. The inventory shall
4include the identification number affixed to each gambling device by the
5manufacturer.
AB100-engrossed,2249,96
(g) The person submits documentation to the
gaming board department of
7administration, no later than 30 days after the date of delivery, that the vessel
8equipped with gambling devices has been delivered to the customer who ordered the
9work performed on the vessel.
AB100-engrossed,2249,1510
(h) The person does not sell a gambling device to any other person except to a
11customer who shall use or possess the gambling device outside of this state in a
12locality where the use or possession of the gambling device is lawful. If a person sells
13a gambling device to such a customer, the person shall submit documentation to the
14gaming board department of administration, no later than 30 days after the date of
15delivery, that the gambling device has been delivered to the customer.
AB100-engrossed,2249,2018
946.68
(1r) (a)
Whoever Except as provided in pars. (b) and (c), whoever sends
19or delivers to another any document which simulates
a summons, complaint, or court 20legal process
is guilty of a Class E felony.
AB100-engrossed,2249,22
21(b) If the document under par. (a) is sent or delivered with intent
thereby to
22induce payment of a claim
, the person is guilty of a Class
B misdemeanor D felony.
AB100-engrossed,2250,224
946.68
(1g) In this section, "legal process" includes a subpoena, summons,
25complaint, warrant, injunction, writ, notice, pleading, order or other document that
1directs a person to perform or refrain from performing a specified act and compliance
2with which is enforceable by a court or governmental agency.
AB100-engrossed,2250,54
946.68
(1r) (c) If the document under par. (a) simulates any criminal process,
5the person is guilty of a Class D felony.
AB100-engrossed,2250,97
946.68
(2) Proof that
the a document
specified under sub. (1r) was mailed or
8was delivered to any person with intent that it be forwarded to the intended recipient
9is sufficient proof of sending.
AB100-engrossed,2250,1211
946.69
(2) (intro.) Whoever does any of the following is guilty of a Class
A
12misdemeanor E felony:
AB100-engrossed,2250,1614
948.11
(4) (b) 3. a. Is a technical college, is a school approved by the
department
15of education educational approval board under s.
38.51 39.51 or is a school described
16in s.
38.51 39.51 (9) (f), (g) or (h); and
AB100-engrossed,2250,2018
949.06
(5) (a) Except as provided in pars. (b) to (e), the department shall make
19awards under this section from the appropriations under s. 20.455 (5) (b),
(j) (kj) and
20(m).
AB100-engrossed,2250,2322
951.01
(3f) "Fire department" includes a volunteer fire department and a
23department under s. 61.66.
AB100-engrossed,2250,25
25951.095 (title)
Harassment of police and fire animals.
AB100-engrossed,2251,42
951.095
(1) (intro.) No person may do any of the following to any animal that
3is used by a law enforcement agency
or fire department to perform agency
or
4department functions or duties:
AB100-engrossed,2251,166
951.18
(2m) Any person who violates s. 951.095 is subject to a Class B
7forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing
8that the animal that is the victim is used by a law enforcement agency
or fire
9department to perform agency
or department functions or duties, is guilty of a Class
10A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the
11animal that is the victim is used by a law enforcement agency
or fire department to
12perform agency
or department functions or duties and causing injury to the animal,
13is guilty of a Class E felony. Any person who intentionally violates s. 951.095,
14knowing that the animal that is the victim is used by a law enforcement agency
or
15fire department to perform agency
or department functions or duties and causing
16death to the animal, is guilty of a Class D felony.
AB100-engrossed,2251,2318
961.38
(2) In emergency situations, as defined by rule of the pharmacy
19examining board, schedule II drugs may be dispensed upon oral
or electronic 20prescription of a practitioner, reduced promptly to writing and filed by the pharmacy.
21Prescriptions shall be retained in conformity with rules of the pharmacy examining
22board promulgated under s. 961.31. No prescription for a schedule II substance may
23be refilled.
AB100-engrossed,2252,7
1961.38
(3) Except when dispensed directly by a practitioner, other than a
2pharmacy, to an ultimate user, a controlled substance included in schedule III or IV,
3which is a prescription drug, shall not be dispensed without a written
or, oral
or
4electronic prescription of a practitioner. The prescription shall not be filled or refilled
5except as designated on the prescription and in any case not more than 6 months
6after the date thereof, nor may it be refilled more than 5 times, unless renewed by
7the practitioner.
AB100-engrossed,2252,119
961.38
(5) No practitioner shall prescribe, orally
, electronically or in writing,
10or take without a prescription a controlled substance included in schedule I, II, III
11or IV for the practitioner's own personal use.