LRB-3784/1
GMM:kaf:km
1997 - 1998 LEGISLATURE
October 29, 1997 - Introduced by Representatives Huber, Ladwig, Murat, Kaufert,
Ziegelbauer, Goetsch, Plouff, Underheim, La Fave, Gard, Springer, Duff,
Hasenohrl, Sykora, Gronemus, Musser, Staskunas, Dobyns, J. Lehman,
Ainsworth, Gunderson
and Brandemuehl, cosponsored by Senators Decker,
Panzer, Grobschmidt, Huelsman, Roessler, Weeden, Darling, Farrow
and A.
Lasee
. Referred to Committee on Children and Families.
AB580,1,3 1An Act to create 48.981 (1) (b) and 48.981 (7) (a) 8m. of the statutes; relating
2to:
disclosure of child abuse and neglect reports for the purpose of investigating
3an alleged violation of a correctional community placement.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, reports and records of
suspected or threatened child abuse or neglect are confidential. Current law,
however, permits those reports and records to be disclosed to a law enforcement
officer or agency or a district attorney for purposes of investigation or prosecution.
This bill permits reports and records of suspected or threatened child abuse or
neglect to be disclosed to a court, an administrative agency, for example, the
department of corrections (DOC), the department of health and family services
(DHFS) or the division of hearings and appeals in the department of administration,
a county department of human services or social services (county department), a
county sheriff, a superintendent of a house of corrections or any other agency
exercising custody or supervision over a person who has committed, or who is alleged
to have committed, a violation of his or her community placement, as defined in the
bill, for purposes of investigating, taking an action or making a decision relating to,
for example imposing sanctions or revoking that community placement, or reviewing
an action taken or a decision made relating to an alleged violation of a condition of
that community placement.
Under the bill, "community placement" means probation, parole, aftercare,
conditional transfer into the community of a patient or resident who is under a
mental commitment, conditional transfer, discharge or release of person who is
under a criminal commitment, or supervised release of a sexually violent person;
participation in the community residential confinement program, the intensive
sanctions program, the home detention program, the corrective sanctions program,
the intensive supervision program or the serious juvenile offender program;
placement in a Type 2 child caring institution or a Type 2 secured correctional

facility; or any other placement of an adult or juvenile offender in the community
under the custody or supervision of DOC, DHFS, a county department, a county
sheriff, a superintendent of a house of corrections or any other agency exercising
custody or supervision over the offender.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB580, s. 1 1Section 1. 48.981 (1) (b) of the statutes is created to read:
AB580,2,152 48.981 (1) (b) "Community placement" means probation, parole, aftercare,
3conditional transfer into the community under s. 51.35 (1), conditional transfer or
4discharge under s. 51.37 (9), placement in a Type 2 child caring institution or a Type
52 secured correctional facility authorized under s. 938.539 (5), conditional release
6under s. 971.17 or supervised release under s. 980.06 or 980.08; participation in the
7community residential confinement program under s. 301.046, the intensive
8sanctions program under s. 301.048, the home detention program under s. 302.425,
9the corrective sanctions program under s. 938.533, the intensive supervision
10program under s. 938.534 or the serious juvenile offender program under s. 938.538;
11or any other placement of an adult or juvenile offender in the community under the
12custody or supervision of the department of corrections, the department of health
13and family services, a county department, a county sheriff, a superintendent of a
14house of corrections or any other agency exercising custody or supervision over the
15offender.
AB580, s. 2 16Section 2. 48.981 (7) (a) 8m. of the statutes is created to read:
AB580,3,417 48.981 (7) (a) 8m. A court, an administrative agency, a county department, a
18county sheriff, a superintendent of a house of corrections or any other agency
19exercising custody or supervision over a person who has committed, or who is alleged

1to have committed, a violation of his or her community placement for purposes of
2investigating, taking an action or making a decision relating to or reviewing an
3action taken or a decision made relating to an alleged violation of a condition of that
4community placement.
AB580, s. 3 5Section 3. Initial applicability.
AB580,3,86 (1) This act first applies to child abuse and neglect reports and records, as
7defined in section 48.981 (1) (f) of the statutes, that are disclosed on the effective date
8of this subsection.
AB580,3,99 (End)
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