AB934: Bill Text

Note: Subdivides provision for improved readability.

AB934, s. 317 Section 317. 938.357 (2r) of the statutes is amended to read:

AB934,126,17 938.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) and (2m) by this bill.

AB934, s. 318 Section 318. 938.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB934,127,5 938.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) and (2m).

AB934, s. 319 Section 319. 938.357 (3) of the statutes is amended to read:

AB934,127,16 938.357 (3) Subject to sub. subs. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility, a secured child caring institution, or a secured group home, notice shall be given as provided in sub. (1) (a). 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.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 320 Section 320. 938.357 (4) (b) 1. of the statutes is amended to read:

AB934,128,2 938.357 (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) (b).

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 321 Section 321. 938.357 (4) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB934,128,20 938.357 (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) (b), 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) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 secured correctional facility.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 322 Section 322. 938.357 (4) (c) 1. of the statutes is amended to read:

AB934,129,8 938.357 (4) (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) (b). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 323 Section 323. 938.357 (4) (c) 2. of the statutes is amended to read:

AB934,129,20 938.357 (4) (c) 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) (b). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 324 Section 324. 938.357 (4) (d) of the statutes is amended to read:

AB934,130,18 938.357 (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) (b), 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.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 325 Section 325. 938.357 (5) (a) of the statutes is amended to read:

AB934,130,23 938.357 (5) (a) The department or a county department, whichever has been designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the aftercare status of that juvenile. Revocation of aftercare supervision shall not require prior notice under sub. (1) (a).

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

AB934, s. 326 Section 326. 970.03 (12) (c) of the statutes is amended to read:

AB934,131,7 970.03 (12) (c) At any preliminary examination in Milwaukee county County, a latent fingerprint report of the city of Milwaukee police department bureau of identification division's latent fingerprint identification unit, certified as correct by the police chief or a person designated by the police chief, shall, when offered by the state or the accused, be received as evidence of the facts and findings stated, if relevant. The expert who made the findings need not be called as a witness.

Note: Conforms capitalization to current style.

AB934, s. 327 Section 327. 973.013 (3) of the statutes is amended to read:

AB934,131,11 973.013 (3) Female persons convicted of a felony may be committed to the Taycheedah correctional institution Correctional Institution unless they are subject to sub. (3m).

Note: Conforms capitalization to current style.

AB934, s. 328 Section 328. 977.05 (1) of the statutes is amended to read:

AB934,131,19 977.05 (1) Appointment. The board shall appoint a state public defender, who shall be a member of the state bar State Bar of Wisconsin. The state public defender shall serve for a period of 5 years and shall continue until a successor is appointed, except that at the conclusion of the 5-year term of the state public defender in office as of July 1, 1980, the state public defender shall be appointed to serve at the pleasure of the board. He or she shall devote full time to the performance of duties as state public defender.

Note: Conforms capitalization to current style.

AB934, s. 329 Section 329. 977.05 (5) (a) of the statutes is amended to read:

AB934,132,2 977.05 (5) (a) Delegate the legal representation of any person to any member of the state bar State Bar of Wisconsin certified under s. 977.08.

Note: Conforms capitalization to current style.

AB934, s. 330 Section 330 . Terminology changes.

AB934,132,4 (1) Wherever "coowner" appears in the statutes, "co-owner" is substituted.

AB934,132,5 (2) Wherever "indices" appears in the statutes, "indexes" is substituted.

AB934,132,9 (3) Wherever "indorse," "indorsed," "indorsee," "indorsee's," "indorsement," "indorsements," "indorser," "indorsers," or "indorsing" appears in the statutes, "endorse," "endorsed," "endorsee," "endorsee's," "endorsement," "endorsements," "endorser," "endorsers," or "endorsing" is substituted.

AB934,132,11 (4) Wherever "instalment," "instalments," or "instalment's" appears in the statutes, "installment," "installments," or "installment's" is substituted.

AB934,132,13 (5) Wherever "wilful," "wilfully," or "wilfulness" appears in the statutes, "willful," "willfully," or "willfulness" is substituted.

Note: Inserts preferred spellings.

AB934, s. 331 Section 331. Effective dates. This act takes effect on the day after publication except as follows:

AB934,132,16 (1) Section 330 of this act takes effect on September 1, 2002.

AB934,132,17 (End)