AB443, s. 40
17Section
40. 77.52 (2) (a) 10. of the statutes is amended to read:
AB443,30,918
77.52
(2) (a) 10. Except for installing or applying tangible personal property
19which that, when installed or applied, will constitute an addition or capital
20improvement of real property, the repair, service, alteration, fitting, cleaning,
21painting, coating, towing, inspection, and maintenance of all items of tangible
22personal property unless, at the time of
such that repair, service, alteration, fitting,
23cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state
24of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated,
25towed, inspected, or maintained would have been exempt to the customer from sales
1taxation under this subchapter, other than the exempt sale of a motor vehicle or truck
2body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under
3s. 77.51 (14r). For purposes of this paragraph, the following items shall be considered
4to have retained their character as tangible personal property, regardless of the
5extent to which any such item is fastened to, connected with, or built into real
6property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust
7systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators,
8coolers, freezers, water pumps, water heaters, water conditioners and softeners,
9clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and
10radio antennas, incinerators, television receivers and antennas, record players, tape
11players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs,
12bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps,
13electronic dust collectors, grills and rotisseries, bar equipment, intercoms,
14recreational, sporting, gymnasium and athletic goods and equipment including by
15way of illustration but not of limitation bowling alleys, golf practice equipment, pool
16tables, punching bags, ski tows, and swimming pools; equipment in offices, business
17facilities, schools, and hospitals but not in residential facilities including personal
18residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em),
19state institutions, as defined under s. 101.123 (1) (i), Type 1
secured juvenile 20correctional facilities, as defined in s. 938.02 (19), or similar facilities including, by
21way of illustration but not of limitation, lamps, chandeliers, and fans, venetian
22blinds, canvas awnings, office and business machines, ice and milk dispensers,
23beverage-making equipment, vending machines, soda fountains, steam warmers
24and tables, compressors, condensing units and evaporative condensers, pneumatic
25conveying systems; laundry, dry cleaning, and pressing machines, power tools,
1burglar alarm and fire alarm fixtures, electric clocks and electric signs. "Service"
2does not include services performed by veterinarians. The tax imposed under this
3subsection applies to the repair, service, alteration, fitting, cleaning, painting,
4coating, towing, inspection, or maintenance of items listed in this subdivision,
5regardless of whether the installation or application of tangible personal property
6related to the items is an addition to or a capital improvement of real property, except
7that the tax imposed under this subsection does not apply to the original installation
8or the complete replacement of an item listed in this subdivision, if
such that 9installation or replacement is a real property construction activity under s. 77.51 (2).
AB443, s. 41
10Section
41. 101.123 (1) (bg) of the statutes is amended to read:
AB443,30,1311
101.123
(1) (bg) "Jail" means a county jail, rehabilitation facility established
12by s. 59.53 (8), county house of correction under s. 303.16
, or
secure juvenile 13detention facility
, as defined in s. 48.02
(16) (10r).
AB443, s. 42
14Section
42. 101.123 (1) (j), (2) (br), (3) (gg) and (4) (a) 2. of the statutes are
15amended to read:
AB443,30,1716
101.123
(1) (j) "Type 1
secured
juvenile correctional facility" has the meaning
17given in s. 938.02 (19).
AB443,30,20
18(2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any
19enclosed, indoor area of a Type 1
secured juvenile correctional facility or on the
20grounds of a Type 1
secured juvenile correctional facility.
AB443,30,22
21(3) (gg) A Type 2
secured juvenile correctional facility, as defined in s. 938.02
22(20).
AB443,31,12
23(4) (a) 2. A person in charge or his or her agent may not designate an entire
24building as a smoking area or designate any smoking areas in the state capitol
25building, in the immediate vicinity of the state capitol, in a Type 1
secured juvenile
1correctional facility, on the grounds of a Type 1
secured juvenile correctional facility,
2in a motor bus, hospital, or physician's office or on the premises, indoors or outdoors,
3of a day care center when children who are receiving day care services are present,
4in a residence hall or dormitory that is owned or operated by the Board of Regents
5of the University of Wisconsin System
, or in any location that is 25 feet or less from
6such a residence hall or dormitory, except that in a hospital or a unit of a hospital that
7has as its primary purpose the care and treatment of mental illness, alcoholism, or
8drug abuse a person in charge or his or her agent may designate one or more enclosed
9rooms with outside ventilation as smoking areas for the use of adult patients who
10have the written permission of a physician. Subject to this subdivision and sub. (3)
11(b), a person in charge or his or her agent may not designate an entire room as a
12smoking area.
AB443, s. 43
13Section
43. 115.31 (1) (b) of the statutes is amended to read:
AB443,31,2214
115.31
(1) (b) "Educational agency" means a school district, cooperative
15educational service agency, state correctional institution under s. 302.01,
secured 16juvenile correctional facility, as defined in s. 938.02
(15m) (10p), secured
child caring
17institution residential care center for children and youth, as defined in s. 938.02
18(15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin
19Educational Services Program for the Deaf and Hard of Hearing, the Mendota
20Mental Health Institute, the Winnebago Mental Health Institute, a state center for
21the developmentally disabled, a private school, or a private, nonprofit, nonsectarian
22agency under contract with a school board under s. 118.153 (3) (c).
AB443, s. 44
23Section
44. 115.76 (10) of the statutes is amended to read:
AB443,32,524
115.76
(10) "Local educational agency", except as otherwise provided, means
25the school district in which the child with a disability resides, the department of
1health and family services if the child with a disability resides in an institution or
2facility operated by the department of health and family services, or the department
3of corrections if the child with a disability resides in a Type 1
secured juvenile 4correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s.
5301.01 (5).
AB443, s. 45
6Section
45. 115.81 (1) (b) of the statutes is amended to read:
AB443,32,157
115.81
(1) (b) "Responsible local educational agency" means the local
8educational agency that was responsible for providing a free, appropriate public
9education to the child before the placement of the child in a residential care center
10for children and youth except that if the child resided in an institution or facility
11operated by the department of health and family services, a Type 1
secured juvenile 12correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s.
13301.01 (5), before the placement of the child in a residential care center for children
14and youth, "responsible local educational agency" means the school district in which
15the residential care center for children and youth is located.
AB443, s. 46
16Section
46. 118.125 (1) (a) of the statutes is amended to read:
AB443,32,2417
118.125
(1) (a) "Behavioral records" means those pupil records
which that 18include psychological tests, personality evaluations, records of conversations, any
19written statement relating specifically to an individual pupil's behavior, tests
20relating specifically to achievement or measurement of ability, the pupil's physical
21health records other than his or her immunization records or any lead screening
22records required under s. 254.162, law enforcement officers' records obtained under
23s. 48.396 (1) or 938.396 (1)
or (1m) (b) 2. or (c) 3., and any other pupil records that are
24not progress records.
AB443, s. 47
25Section
47. 118.125 (2) (cg) of the statutes is amended to read:
AB443,33,9
1118.125
(2) (cg) The school district clerk or his or her designee shall provide a
2law enforcement agency with a copy of a pupil's attendance record if the law
3enforcement agency certifies in writing that the pupil is under investigation for
4truancy or for allegedly committing a criminal or delinquent act and that the law
5enforcement agency will not further disclose the pupil's attendance record except as
6permitted under s. 938.396 (1)
to (1x) (a). A school district clerk or designee who
7discloses a copy of a pupil's attendance record to a law enforcement agency for
8purposes of a truancy investigation shall notify the pupil's parent or guardian of that
9disclosure as soon as practicable after that disclosure.
AB443, s. 48
10Section
48. 118.125 (2) (d) of the statutes is amended to read:
AB443,33,2311
118.125
(2) (d) Pupil records shall be made available to persons employed by
12the school district which the pupil attends who are required by the department under
13s. 115.28 (7) to hold a license and other school district officials who have been
14determined by the school board to have legitimate educational interests, including
15safety interests, in the pupil records. Law enforcement officers' records obtained
16under s. 938.396
(1m) (1) (c) 3. shall be made available as provided in s. 118.127 (2).
17A school board member or an employee of a school district may not be held personally
18liable for any damages caused by the nondisclosure of any information specified in
19this paragraph unless the member or employee acted with actual malice in failing
20to disclose the information. A school district may not be held liable for any damages
21caused by the nondisclosure of any information specified in this paragraph unless
22the school district or its agent acted with gross negligence or with reckless, wanton
, 23or intentional misconduct in failing to disclose the information.
AB443, s. 49
24Section
49. 118.125 (2) (e) of the statutes is amended to read:
AB443,34,7
1118.125
(2) (e) Upon the written permission of an adult pupil, or the parent or
2guardian of a minor pupil, the school shall make available to the person named in
3the permission the pupil's progress records or such portions of the pupil's behavioral
4records as determined by the person authorizing the release. Law enforcement
5officers' records obtained under s. 48.396 (1) or 938.396 (1)
or (1m) (b) 2. or (c) 3. may
6not be made available under this paragraph unless specifically identified by the
7adult pupil or by the parent or guardian of a minor pupil in the written permission.
AB443, s. 50
8Section
50. 118.125 (2) (L) of the statutes is amended to read:
AB443,34,129
118.125
(2) (L) A school board shall disclose the pupil records of a pupil in
10compliance with a court order under s. 48.236 (4) (a), 48.345 (12) (b), 938.34 (7d) (b),
11938.396
(1m) (c) or (1) (d)
, or 938.78 (2) (b) 2. after making a reasonable effort to notify
12the pupil's parent or legal guardian.
AB443, s. 51
13Section
51. 118.125 (3) of the statutes is amended to read:
AB443,35,214
118.125
(3) Maintenance of records. Each school board shall adopt rules in
15writing specifying the content of pupil records and the time during which pupil
16records shall be maintained. No behavioral records may be maintained for more than
17one year after the pupil ceases to be enrolled in the school, unless the pupil specifies
18in writing that his or her behavioral records may be maintained for a longer period.
19A pupil's progress records shall be maintained for at least 5 years after the pupil
20ceases to be enrolled in the school. A school board may maintain the records on
21microfilm,
on an optical disk
, or in electronic format if authorized under s. 19.21 (4)
22(c), or in such other form as the school board deems appropriate. A school board shall
23maintain law enforcement officers' records obtained under s. 48.396 (1) or 938.396
24(1)
or (1m) (b) 2. or (c) 3. separately from a pupil's other pupil records. Rules adopted
1under this subsection shall be published by the school board as a class 1 notice under
2ch. 985.
AB443, s. 52
3Section
52. 118.125 (4) of the statutes is amended to read:
AB443,35,184
118.125
(4) Transfer of records. Within 5 working days, a school district shall
5transfer to another school or school district all pupil records relating to a specific
6pupil if the transferring school district has received written notice from the pupil if
7he or she is an adult or his or her parent or guardian if the pupil is a minor that the
8pupil intends to enroll in the other school or school district or written notice from the
9other school or school district that the pupil has enrolled or from a court that the pupil
10has been placed in a
secured juvenile correctional facility, as defined in s. 938.02
11(15m), (10p), or a secured
child caring institution residential care center for children
12and youth, as defined in s. 938.02 (15g)
, or a secured group home, as defined in s.
13938.02 (15p). In this subsection, "school" and "school district" include any
secured 14juvenile correctional facility, secured
child caring institution, secured group home 15residential care center for children and youth, adult correctional institution, mental
16health institute
, or center for the developmentally disabled, that provides an
17educational program for its residents instead of or in addition to that which is
18provided by public and private schools.
AB443, s. 53
19Section
53. 118.125 (5) (b) of the statutes is amended to read:
AB443,36,220
118.125
(5) (b) Law enforcement officers' records obtained under s. 48.396 (1)
21or 938.396 (1)
or (1m), (b) 2. or (c) 3. and records of the court assigned to exercise
22jurisdiction under chs. 48 and 938
obtained under s. 938.396 (7) (a), (am), (ar), (b),
23or (bm), and records or of a municipal court obtained under s. 938.396
(7) (ar) (2g) (m) 24may not be used by a school district as the sole basis for expelling or suspending a
1pupil or as the sole basis for taking any other disciplinary action, including action
2under the school district's athletic code, against a pupil.
AB443, s. 54
3Section
54. 118.125 (7) of the statutes is amended to read:
AB443,36,74
118.125
(7) Disclosure of law enforcement unit records. A school board shall
5treat law enforcement unit records of juveniles in the same manner as a law
6enforcement agency is required to treat law enforcement officers' records of juveniles
7under s. 938.396 (1)
to (1x) and (5) (a).
AB443, s. 55
8Section
55. 118.127 (1) of the statutes is amended to read:
AB443,36,139
118.127
(1) Upon receipt of information from a law enforcement agency under
10s. 48.396 (1) or 938.396 (1)
or (1m) (b) 2. or (c) 3., the school district administrator or
11private school administrator who receives the information shall notify any pupil
12named in the information, and the parent or guardian of any minor pupil named in
13the information, of the information.
AB443, s. 56
14Section
56. 118.127 (2) of the statutes is amended to read:
AB443,37,515
118.127
(2) A school district or private school may disclose information from
16law enforcement officers' records obtained under s. 938.396
(1m) (1) (c) 3. only to
17persons employed by the school district who are required by the department under
18s. 115.28 (7) to hold a license, to persons employed by the private school as teachers
, 19and to other school district or private school officials who have been determined by
20the school board or governing body of the private school to have legitimate
21educational interests, including safety interests, in that information. In addition, if
22that information relates to a pupil of the school district or private school, the school
23district or private school may also disclose that information to those employees of the
24school district or private school who have been designated by the school board or
25governing body of the private school to receive that information for the purpose of
1providing treatment programs for pupils enrolled in the school district or private
2school. A school district may not use law enforcement officers' records obtained
3under s. 938.396
(1m) (1) (c) 3. as the sole basis for expelling or suspending a pupil
4or as the sole basis for taking any other disciplinary action, including action under
5the school district's athletic code, against a pupil.
AB443, s. 57
6Section
57. 118.15 (1) (cm) 1. of the statutes is amended to read:
AB443,37,237
118.15
(1) (cm) 1. Upon the child's request and with the approval of the child's
8parent or guardian, any child who is 17 years of age or over shall be excused by the
9school board from regular school attendance if the child began a program leading to
10a high school equivalency diploma in a
secured juvenile correctional facility, as
11defined in s. 938.02
(15m) (10p), a secured
child caring institution residential care
12center for children and youth, as defined in s. 938.02 (15g), a
secure juvenile 13detention facility, as defined in s. 938.02
(16)
(10r), or a juvenile portion of a county
14jail, and the child and his or her parent or guardian agree under subd. 2. that the
15child will continue to participate in such a program. For purposes of this subdivision,
16a child is considered to have begun a program leading to a high school equivalency
17diploma if the child has received a passing score on a minimum of one of the 5 content
18area tests given under the general educational development test or has
19demonstrated under a course of study meeting the standards established under s.
20115.29 (4) for the granting of a declaration of equivalency to high school graduation
21a level of proficiency in a minimum of one of the 5 content areas specified in s. 118.33
22(1) (a) 1. that is equivalent to the level of proficiency that he or she would have
23attained if he or she had satisfied the requirements under s. 118.33 (1) (a) 1.
AB443, s. 58
24Section
58. 118.15 (5) (b) 2. of the statutes is amended to read:
AB443,38,4
1118.15
(5) (b) 2. In a prosecution under par. (a), if the defendant proves that he
2or she is unable to comply with the law because of the disobedience of the child, the
3action shall be dismissed and the child shall be referred to the court assigned to
4exercise jurisdiction under
ch. 48 chs. 48 and 938.
Note: Amends s. 118.15 (5) (b) 2., stats., to add a necessary cross-reference to the
juvenile court under ch. 938, stats., the Juvenile Justice Code.
AB443, s. 59
5Section
59. 146.82 (2) (a) 18m. of the statutes is amended to read:
AB443,39,26
146.82
(2) (a) 18m. If the subject of the patient health care records is a child
7or juvenile who has been placed in a foster home, treatment foster home, group home,
8residential care center for children and youth, or
a secured juvenile correctional
9facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21
, or for whom
10placement in a foster home, treatment foster home, group home, residential care
11center for children and youth, or
secured juvenile correctional facility is
12recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to
13an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4)
14(b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for
15preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or
16938.365 (2g), to an agency responsible for preparing a permanency plan under s.
1748.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e),
18or 938.38 regarding the child or juvenile, or to an agency that placed the child or
19juvenile or arranged for the placement of the child or juvenile in any of those
20placements and, by any of those agencies, to any other of those agencies and, by the
21agency that placed the child or juvenile or arranged for the placement of the child or
22juvenile in any of those placements, to the foster parent or treatment foster parent
23of the child or juvenile or the operator of the group home, residential care center for
1children and youth, or
secured juvenile correctional facility in which the child or
2juvenile is placed, as provided in s. 48.371 or 938.371.
AB443, s. 60
3Section
60. 157.065 (2) (a) 4. c. of the statutes is amended to read:
AB443,39,54
157.065
(2) (a) 4. c. A Type 1
secured
juvenile correctional facility, as defined
5in s. 938.02 (19);
AB443, s. 61
6Section
61. 165.55 (15) of the statutes is amended to read:
AB443,39,127
165.55
(15) The state fire marshal, any deputy fire marshal, any fire chief
, or
8his or her designee may obtain information relating to a juvenile from a law
9enforcement agency, a court assigned to exercise jurisdiction under chs. 48 and 938
10or an agency, as defined in s. 938.78 (1), as provided in ss. 938.396
(1x) and (2) (1) (c)
118. and (2g) (j) and 938.78 (2) (b) 1. and may obtain information relating to a pupil from
12a public school as provided in ss. 118.125 (2) (ch) and (L) and 938.396
(1m) (1) (d).
AB443, s. 62
13Section
62. 165.76 (1) (a) and (2) (b) 2. of the statutes are amended to read:
AB443,39,1914
165.76
(1) (a) Is in a
secured juvenile correctional facility, as defined in s. 938.02
15(15m) (10p), or a secured
child caring institution residential care center for children
16and youth, as defined in s. 938.02 (15g),
or a secured group home, as defined in s.
17938.02 (15p), or on probation, extended supervision, parole, supervision
, or aftercare
18supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2),
19948.02 (1) or (2)
, or 948.025.
AB443,40,5
20(2) (b) 2. If the person has been sentenced to prison or placed in a
secured 21juvenile correctional facility
,
or a secured
child caring institution or a secured group
22home residential care center for children and youth, he or she shall provide the
23specimen under par. (a) at the office of a county sheriff as soon as practicable after
24release on parole, extended supervision
, or aftercare supervision, as directed by his
25or her probation, extended supervision
, and parole agent or aftercare agent, except
1that the department of corrections
or the county department under s. 46.215, 46.22
2or 46.23 operating the secured group home in which the person is placed may require
3the person to provide the specimen while he or she is in prison or in the
secured 4juvenile correctional facility
,
or secured
child caring institution or secured group
5home residential care center for children and youth.
AB443, s. 63
6Section
63. 165.76 (2) (b) 5. of the statutes is amended to read:
AB443,40,137
165.76
(2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject
8to sub. (1) and who are in prison, a
secured juvenile correctional facility
, or a secured
9child caring institution residential care center for children and youth or on
10probation, extended supervision, parole, supervision
, or aftercare supervision on
11August 12, 1993, the departments of justice, corrections
, and health and family
12services shall cooperate to have these persons provide specimens under par. (a)
13before July 1, 1998.
AB443, s. 64
14Section
64. 165.85 (2) (e) of the statutes is renumbered 165.85 (2) (br) and
15amended to read:
AB443,40,1716
165.85
(2) (br) "
Secure Juvenile detention facility" has the meaning given in
17s. 48.02
(16) (10r).
AB443, s. 65
18Section
65. 165.85 (2) (f) of the statutes is renumbered 165.85 (2) (bt) and
19amended to read:
AB443,40,2520
165.85
(2) (bt) "
Secure Juvenile detention officer" means any person employed
21by any political subdivision of the state or by any private entity contracting under
22s. 938.222 to supervise, control
, or maintain a
secure juvenile detention facility or the
23persons confined in a
secure juvenile detention facility. "
Secure Juvenile detention
24officer" includes officers regardless of whether they have been sworn regarding their
25duties or whether they serve on a full-time basis.
AB443, s. 66
1Section
66. 165.85 (3) (d) of the statutes is amended to read:
AB443,41,192
165.85
(3) (d) Establish minimum curriculum requirements for preparatory
3courses and programs, and recommend minimum curriculum requirements for
4recertification and advanced courses and programs, in schools operated by or for this
5state or any political subdivision of the state for the specific purpose of training law
6enforcement recruits, law enforcement officers, tribal law enforcement recruits,
7tribal law enforcement officers, jail officer recruits, jail officers,
secure juvenile 8detention officer recruits
, or
secure
juvenile detention officers in areas of knowledge
9and ability necessary to the attainment of effective performance as an officer, and
10ranging from traditional subjects such as first aid, patrolling, statutory authority,
11techniques of arrest
, and firearms to subjects designed to provide a better
12understanding of ever-increasing complex problems in law enforcement such as
13human relations, civil rights, constitutional law
, and supervision, control
, and
14maintenance of a jail or
secure juvenile detention facility. The board shall appoint
15a 13-member advisory curriculum committee consisting of 6 chiefs of police and 6
16sheriffs to be appointed on a geographic basis of not more than one chief of police and
17one sheriff from any one of the 8 state administrative districts together with the
18director of training of the Wisconsin state patrol. This committee shall advise the
19board in the establishment of the curriculum requirements.
AB443, s. 67
20Section
67. 175.35 (1) (ag) of the statutes is amended to read:
AB443,41,2321
175.35
(1) (ag) "Criminal history record" includes information reported to the
22department under s. 938.396
(8) (2g) (n) that indicates a person was adjudicated
23delinquent for an act that if committed by an adult in this state would be a felony.
AB443, s. 68
24Section
68. 230.36 (1m) (b) 3. (intro.) of the statutes is amended to read:
AB443,42,5
1230.36
(1m) (b) 3. (intro.) A guard, institution aide, or other employee at the
2University of Wisconsin Hospitals and Clinics or at a state penal or mental
3institution, including a
secured juvenile correctional facility, as defined in s. 938.02
4(15m) (10p), and a state probation, extended supervision
, and parole officer, at all
5times while:
AB443, s. 69
6Section
69. 230.36 (2m) (a) 20. of the statutes is amended to read:
AB443,42,147
230.36
(2m) (a) 20. A guard or institutional aide or a state probation, extended
8supervision
, and parole officer or any other employee whose duties include
9supervision and discipline of inmates or wards of the state at a state penal
10institution, including a
secured juvenile correctional facility, as defined in s. 938.02
11(15m) (10p), or while on parole supervision or extended supervision outside of the
12confines of the institutions, or supervision of persons placed on probation by a court
13of record, or supervision and care of patients at a state mental institution, and the
14University of Wisconsin Hospitals and Clinics.
AB443, s. 70
15Section
70. 252.15 (1) (ab) and (2) (a) 7. a. of the statutes are amended to read:
AB443,43,216
252.15
(1) (ab) "Affected person" means an emergency medical technician; first
17responder; fire fighter; peace officer; correctional officer; person who is employed at
18a
secured juvenile correctional facility, as defined in s. 938.02
(15m), (10p), or a
19secured
child caring institution residential care center for children and youth, as
20defined in s. 938.02 (15g)
, or a secured group home, as defined in s. 938.02 (15p); state
21patrol officer; jailer, keeper of a jail, or person designated with custodial authority
22by the jailer or keeper; health care provider; employee of a health care provider; staff
23member of a state crime laboratory; social worker; or employee of a school district,
24cooperative educational service agency, charter school, private school, the Wisconsin
1Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin
2Center for the Blind and Visually Impaired.
AB443,43,24
3(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency
4medical technician; first responder; fire fighter; peace officer; correctional officer;
5person who is employed at a
secured juvenile correctional facility, as defined in s.
6938.02
(15m), (10p), or a secured
child caring institution residential care center for
7children and youth, as defined in s. 938.02 (15g)
, or a secured group home, as defined
8in s. 938.02 (15p); state patrol officer; jailer, keeper of a jail, or person designated with
9custodial authority by the jailer or keeper, during the course of providing care or
10services to an individual; a peace officer, correctional officer, state patrol officer,
11jailer
, or keeper of a jail, or person designated with custodial authority by the jailer
12or keeper, while searching or arresting an individual or while controlling or
13transferring an individual in custody; a health care provider or an employee of a
14health care provider, during the course of providing care or treatment to an
15individual or handling or processing specimens of body fluids or tissues of an
16individual; a staff member of a state crime laboratory, during the course of handling
17or processing specimens of body fluids or tissues of an individual; social worker; or
18an employee of a school district, cooperative educational service agency, charter
19school, private school, the Wisconsin Educational Services Program for the Deaf and
20Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while
21performing employment duties involving an individual; who is significantly exposed
22to the individual may subject the individual's blood to a test or a series of tests for
23the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV
24and may receive disclosure of the results.
AB443, s. 71
25Section
71. 252.15 (5) (a) 19. of the statutes is amended to read:
AB443,44,19
1252.15
(5) (a) 19. If the test was administered to a child who has been placed
2in a foster home, treatment foster home, group home, residential care center for
3children and youth, or
secured juvenile correctional facility, as defined in s. 938.02
4(15m) (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21
, or for
5whom placement in a foster home, treatment foster home, group home, residential
6care center for children and youth, or
secured juvenile correctional facility is
7recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to
8an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4)
9(b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for
10preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or
11938.365 (2g), to an agency responsible for preparing a permanency plan under s.
1248.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e),
13or 938.38 regarding the child, or to an agency that placed the child or arranged for
14the placement of the child in any of those placements and, by any of those agencies,
15to any other of those agencies and, by the agency that placed the child or arranged
16for the placement of the child in any of those placements, to the child's foster parent
17or treatment foster parent or the operator of the group home, residential care center
18for children and youth, or
secured juvenile correctional facility in which the child is
19placed, as provided in s. 48.371 or 938.371.
AB443, s. 72
20Section
72. 301.01 (2) (b) of the statutes is amended to read:
AB443,44,2321
301.01
(2) (b) Any resident of a
secured juvenile correctional facility
,
or a
22secured
child caring institution or a secured group home residential care center for
23children and youth.
AB443, s. 73
24Section
73. 301.01 (3k) of the statutes is amended to read:
AB443,45,2
1301.01
(3k) "Secured
child caring institution residential care center for
2children and youth" has the meaning given in s. 938.02 (15g).
AB443, s. 74
3Section
74. 301.01 (3m) of the statutes is renumbered 301.01 (1m) and
4amended to read:
AB443,45,65
301.01
(1m) "
Secured Juvenile correctional facility" has the meaning given in
6s. 938.02
(15m) (10p).
AB443, s. 75
7Section
75. 301.01 (3p) of the statutes is repealed.
Note: Deletes the definition of "secured group home" in s. 301.01 (3p), stats. See
the Note to s. 938.02 (15p), stats., as affected by this bill.
AB443, s. 76
8Section
76. 301.01 (4) of the statutes is amended to read:
AB443,45,109
301.01
(4) "State correctional institution" means a state prison under s. 302.01
10or a
secured juvenile correctional facility operated by the department.
AB443, s. 77
11Section
77. 301.027 of the statutes is amended to read:
AB443,45,15
12301.027 Treatment program at one or more juvenile secured
13correctional facilities. The department shall maintain a cottage-based intensive
14alcohol and other drug abuse program at one or more juvenile
secured correctional
15facilities.
AB443, s. 78
16Section
78. 301.03 (10) (d), (e) and (f) of the statutes are amended to read:
AB443,45,2317
301.03
(10) (d) Administer the office of juvenile offender review in the division
18of juvenile corrections in the department. The office shall be responsible for decisions
19regarding case planning
, and the release of juvenile offenders from
secured juvenile 20correctional facilities or secured
child caring institutions residential care centers for
21children and youth to aftercare placements
and the transfer of juveniles to the
22Racine youthful offender correctional facility named in s. 302.01 as provided in s.
23938.357 (4) (d).
AB443,46,2
1(e) Provide educational programs in all
secured juvenile correctional facilities
2operated by the department.
AB443,46,43
(f) Provide health services and psychiatric services for residents of all
secured 4juvenile correctional facilities operated by the department.
Note: Repeals language in s. 301.03 (10) (d), stats., relating to the authority of
DOC to place a juvenile who has been adjudged delinquent in a state prison. See the Note
to s. 938.357 (4) (d), stats., as affected by this bill.
AB443, s. 79
5Section
79. 301.032 (1) (b) of the statutes is amended to read:
AB443,46,116
301.032
(1) (b) All records of the department and all county records relating to
7juvenile delinquency-related services shall be open to inspection at all reasonable
8hours by authorized representatives of the federal government. Notwithstanding
s. 9ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of
10such those services shall be open to inspection at all reasonable hours by authorized
11representatives of the department.