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.
AB443, s. 80 12Section 80. 301.08 (1) (b) 3. of the statutes is amended to read:
AB443,47,313 301.08 (1) (b) 3. Contract with public, private, or voluntary agencies for the
14supervision, maintenance, and operation of secured juvenile correctional facilities,
15residential care centers for children and youth, as defined in s. 938.02 (15d), and
16secured child caring institutions residential care centers for children and youth for
17the placement of juveniles who have been convicted under s. 938.183 or adjudicated
18delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m). The department may
19designate a secured juvenile correctional facility, residential care center for children
20and youth, or a secured child caring institution residential care center for children
21and youth
contracted for under this subdivision as a Type 2 secured juvenile
22correctional facility, as defined in s. 938.02 (20), and may designate a residential care
23center for children and youth or secured child caring institution residential care

1center for children and youth
contracted for under this subdivision as a Type 2 child
2caring institution
residential care center for children and youth, as defined in s.
3938.02 (19r).
AB443, s. 81 4Section 81. 301.08 (1) (b) 4. of the statutes is repealed.
Note: Deletes s. 301.08 (1) (b) 4., stats., relating to contracts for secured group
homes. The concept of "secured group home" is deleted in this bill. See the Note to s.
938.02 (15p), stats., as affected by this bill.
AB443, s. 82 5Section 82. 301.19 (1) (b) of the statutes is amended to read:
AB443,47,96 301.19 (1) (b) "Correctional facility" means an institution or facility, or a portion
7of an institution or facility, that is used to confine juveniles alleged or found to be
8delinquent or a prison, jail, house of correction, or lockup facility but does not include
9a secured group home, as defined in s. 938.02 (15p)
.
Note: See the Note to s. 938.02 (15p), stats., as affected by this bill.
AB443, s. 83 10Section 83. 301.205 of the statutes is amended to read:
AB443,47,15 11301.205 Reimbursement to visiting families. The department may
12reimburse families visiting girls at a secured juvenile correctional facility. If the
13department decides to provide the reimbursement, the department shall establish
14criteria for the level of reimbursement, which shall include family income and size
15and other relevant factors.
AB443, s. 84 16Section 84. 301.26 (2) (c) of the statutes is amended to read:
AB443,48,217 301.26 (2) (c) All funds to counties under this section shall be used to purchase
18or provide juvenile delinquency-related services under ch. 938, except that no funds
19to counties under this section may be used for purposes of land purchase, building
20construction, or maintenance of buildings under s. 46.17, 46.175, or 301.37, for
21reimbursement of costs under s. 938.209, for city lockups, or for reimbursement of
22care costs in temporary shelter care under s. 938.22. Funds to counties under this

1section may be used for reimbursement of costs of program services, other than basic
2care and supervision costs, in juvenile secure detention facilities.
AB443, s. 85 3Section 85. 301.26 (4) (cm) 1. and 2. of the statutes are amended to read:
AB443,48,204 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
5shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
6appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
7secured juvenile correctional facilities, secured child caring institutions residential
8care centers for children and youth
, alternate care providers, aftercare supervision
9providers, and corrective sanctions supervision providers for costs incurred
10beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has
11been placed in a secured juvenile correctional facility based on a delinquent act that
12is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36,
131999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305,
14940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1),
15948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or
16that is an attempted violation of s. 943.32 (2)
and for the care of any juvenile 10 years
17of age or over who has been placed in a secured juvenile correctional facility or
18secured child caring institution residential care center for children and youth for
19attempting or committing a violation of s. 940.01 or for committing a violation of s.
20940.02 or 940.05.
AB443,49,421 2. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds
22from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410
23(3) (hm), (ho), and (hr) for the purpose of reimbursing secured juvenile correctional
24facilities, secured child caring institutions residential care centers for children and
25youth
, alternate care providers, aftercare supervision providers , and corrective

1sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
2care of any juvenile 14 years of age or over and under 18 years of age who has been
3placed in a secured juvenile correctional facility under s. 48.366 based on a
4delinquent act that is a violation of s. 940.01, 940.02, 940.05, or 940.225 (1).
Note: For an explanation of the changes to s. 301.26 (4) (cm) 1., stats., see the Note
following s. 938.34 (4h) (cm), stats., as affected by this bill.
AB443, s. 86 5Section 86. 301.26 (4) (d) 2. and 3. of the statutes are amended to read:
AB443,49,136 301.26 (4) (d) 2. Beginning on July 1, 2003, and ending on June 30, 2004, the
7per person daily cost assessment to counties shall be $183 for care in a Type 1 secured
8juvenile correctional facility, as defined in s. 938.02 (19), $183 for care for juveniles
9transferred from a juvenile correctional institution under s. 51.35 (3), $225 for care
10in a residential care center for children and youth, $142 for care in a group home for
11children, $47 for care in a foster home, $88 for care in a treatment foster home, $86
12for departmental corrective sanctions services, and $25 for departmental aftercare
13services.
AB443,49,2114 3. Beginning on July 1, 2004, and ending on June 30, 2005, the per person daily
15cost assessment to counties shall be $187 for care in a Type 1 secured juvenile
16correctional facility, as defined in s. 938.02 (19), $187 for care for juveniles
17transferred from a juvenile correctional institution under s. 51.35 (3), $239 for care
18in a residential care center for children and youth, $149 for care in a group home for
19children, $49 for care in a foster home, $92 for care in a treatment foster home, $87
20for departmental corrective sanctions services, and $26 for departmental aftercare
21services.
AB443, s. 87 22Section 87. 301.26 (7) (b) 3. of the statutes is amended to read:
AB443,50,4
1301.26 (7) (b) 3. Each county's proportion of the number of juveniles statewide
2who are placed in a secured juvenile correctional facility, or a secured child caring
3institution or a secured group home
residential care center for children and youth
4during the most recent 3-year period for which that information is available.
AB443, s. 88 5Section 88. 301.263 (3) of the statutes is amended to read:
AB443,50,196 301.263 (3) The department shall distribute 33% of the amounts distributed
7under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
8reported statewide under the uniform crime reporting system of the office of justice
9assistance in the department of administration, during the most recent 2-year
10period for which that information is available. The department shall distribute 33%
11of the amounts distributed under sub. (1) based on each county's proportion of the
12number of juveniles statewide who are placed in a secured juvenile correctional
13facility, or a secured child caring institution or a secured group home residential care
14center for children and youth
during the most recent 2-year period for which that
15information is available. The department shall distribute 34% of the amounts
16distributed under sub. (1) based on each county's proportion of the total Part I
17juvenile arrests reported statewide under the uniform crime reporting system of the
18office of justice assistance, during the most recent 2-year period for which that
19information is available.
AB443, s. 89 20Section 89. 301.36 (1) of the statutes is amended to read:
AB443,51,221 301.36 (1) General authority. The department shall investigate and
22supervise all of the state prisons under s. 302.01, all secured juvenile correctional
23facilities, all secured child caring institutions, all secured group homes residential
24care centers for children and youth,
and all secure juvenile detention facilities and

1familiarize itself with all of the circumstances affecting their management and
2usefulness.
AB443, s. 90 3Section 90. 301.37 (1) of the statutes is amended to read:
AB443,51,114 301.37 (1) The department shall fix reasonable standards and regulations for
5the design, construction, repair, and maintenance of all houses of correction,
6reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30,
7extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8),
8lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities
9under s. 303.09, and, after consulting with the department of health and family
10services, all secured group homes and secure juvenile detention facilities, with
11respect to their adequacy and fitness for the needs which they are to serve.
AB443, s. 91 12Section 91. 301.37 (5) of the statutes is amended to read:
AB443,51,2313 301.37 (5) The department's standards and regulations under sub. (1) for
14secure juvenile detention facilities apply to private secure juvenile detention
15facilities used under s. 938.222. At least annually, the department shall inspect each
16such private secure juvenile detention facility with respect to safety, sanitation,
17adequacy, and fitness, report to the county board and the private entity operating the
18private secure juvenile detention facility regarding any deficiency found and order
19the necessary work to correct it. If within 6 months thereafter the work is not
20commenced, or not completed within a reasonable period thereafter to the
21satisfaction of the department, the department shall prohibit the use of the private
22secure juvenile detention facility for purposes of s. 938.222 until the order is complied
23with.
AB443, s. 92 24Section 92. 301.45 (1g) (b) and (bm), (3) (a) 2. and (5) (a) 2. of the statutes are
25amended to read:
AB443,52,4
1301.45 (1g) (b) Is in prison, a secured juvenile correctional facility, or a secured
2child caring institution or a secured group home residential care center for children
3and youth
or is on probation, extended supervision, parole, supervision, or aftercare
4supervision on or after December 25, 1993, for a sex offense.
AB443,52,105 (bm) Is in prison, a secured juvenile correctional facility, or a secured child
6caring institution or a secured group home
residential care center for children and
7youth
or is on probation, extended supervision, parole, supervision , or aftercare
8supervision on or after December 25, 1993, for a violation, or for the solicitation,
9conspiracy, or attempt to commit a violation, of a law of this state that is comparable
10to a sex offense.
AB443,52,15 11(3) (a) 2. If the person has been sentenced to prison or placed in a secured
12juvenile correctional facility, or a secured child caring institution or a secured group
13home
residential care center for children and youth, he or she is subject to this
14subsection upon being released on parole, extended supervision, or aftercare
15supervision.
AB443,52,20 16(5) (a) 2. If the person has been sentenced to prison for a sex offense or placed
17in a secured juvenile correctional facility, or a secured child caring institution or a
18secured group home
residential care center for children and youth for a sex offense,
1915 years after discharge from parole, extended supervision, or aftercare supervision
20for the sex offense.
AB443, s. 93 21Section 93. 302.11 (10) of the statutes is amended to read:
AB443,52,2422 302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not
23entitled to mandatory release and may be released or discharged only as provided
24under s. 48.366 or 938.538.

Note: Deletes in s. 302.11 (10), stats., the reference to s. 938.34 (4h), stats., to
reflect that this bill repeals the authority of the department of corrections (DOC) to place
a juvenile who has been adjudicated delinquent in a state prison. See the Note to s.
938.357 (4) (d), stats., as affected by this bill.
AB443, s. 94 1Section 94. 302.18 (7) of the statutes is amended to read:
AB443,53,82 302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep a
3person under 15 years of age who has been sentenced to the Wisconsin state prisons
4in a secured juvenile correctional facility or a secured child caring institution
5residential care center for children and youth, but the department may transfer that
6person to an adult correctional institution after the person attains 15 years of age.
7The department may not transfer any person under 18 years of age to the
8correctional institution authorized in s. 301.16 (1n).
AB443, s. 95 9Section 95. 302.255 of the statutes is amended to read:
AB443,53,13 10302.255 Interstate corrections compact; additional applicability.
11"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
12under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject
13to an order under s. 938.34 (4h) who are 17 years of age or older
.
Note: Deletes language in s. 302.255, stats., relating to the authority of DOC to
place a juvenile who has been adjudicated delinquent in a state prison. See the Note to
s. 938.357 (4) (d), stats., as affected by this bill.
AB443, s. 96 14Section 96. 302.386 (1), (2) (intro.), (3) (a) and (5) (c) and (d) of the statutes are
15amended to read:
AB443,54,516 302.386 (1) Except as provided in sub. (5), liability for medical and dental
17services furnished to residents housed in prisons identified in s. 302.01 or, in a
18secured juvenile correctional facility as defined in s. 938.02 (15m), or in a secured
19child caring institution, as defined in s. 938.02 (15g) residential care center for
20children and youth
, or to forensic patients in state institutions for those services
21which that are not provided by employees of the department shall be limited to the

1amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The
2department may waive any such limit if it determines that needed services cannot
3be obtained for the applicable amount. No provider of services may bill the resident
4or patient for the cost of services exceeding the amount of the liability under this
5subsection.
AB443,54,10 6(2) (intro.) The liability of the state for medical and dental services under sub.
7(1) does not extend to that part of the medical or dental services of a resident housed
8in a prison identified in s. 302.01, a secured juvenile correctional facility as defined
9in s. 938.02 (15m)
, or a secured child caring institution, as defined in s. 938.02 (15g)
10residential care center for children and youth, for which any of the following applies:
AB443,54,16 11(3) (a) Except as provided in par. (b), the department may require a resident
12housed in a prison identified in s. 302.01 or in a secured juvenile correctional facility,
13as defined in s. 938.02 (15m),
who receives medical or dental services to pay a
14deductible, coinsurance, copayment, or similar charge upon the medical or dental
15service that he or she receives. The department shall collect the allowable
16deductible, coinsurance, copayment, or similar charge.
AB443,54,19 17(5) (c) Any participant in the corrective sanctions program under s. 938.533
18unless he or she the participant is placed in a Type 1 secured juvenile correctional
19facility, as defined in s. 938.02 (19).
AB443,54,2320 (d) Any participant in the serious juvenile offender program under s. 938.538
21unless he or she the participant is placed in a Type 1 secured juvenile correctional
22facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution
23authorized under s. 301.046 (1)
.
Note: Deletes language in s. 302.386 (5) (d), stats., relating to the authority of DOC
to place a juvenile who has been adjudicated delinquent in a state prison. See the Note
to s. 938.357 (4) (d), stats., as affected by this bill.
AB443, s. 97
1Section 97. 938.01 (1) (title) and (2) (title) of the statutes are created to read:
AB443,55,22 938.01 (1) (title) Title.
AB443,55,3 3(2) (title) Legislative intent.
AB443, s. 98 4Section 98. 938.01 (2) (f) of the statutes is amended to read:
AB443,55,85 938.01 (2) (f) To respond to a juvenile offender's needs for care and treatment,
6consistent with the prevention of delinquency, each juvenile's best interest and
7protection of the public, by allowing the judge court to utilize the most effective
8dispositional option.
AB443, s. 99 9Section 99. 938.01 (2) (g) of the statutes is amended to read:
AB443,55,1410 938.01 (2) (g) To ensure that victims and witnesses of acts committed by
11juveniles that result in proceedings under this chapter are, consistent with the
12provisions of
this chapter and the Wisconsin constitution, afforded the same rights
13as victims and witnesses of crimes committed by adults, and are treated with dignity,
14respect, courtesy, and sensitivity throughout such those proceedings.
AB443, s. 100 15Section 100. 938.02 (5) of the statutes is amended to read:
AB443,55,1816 938.02 (5) "Developmentally disabled" means having a developmental
17disability, as defined in
"Developmental disability" has the meaning given in s. 51.01
18(5).
AB443, s. 101 19Section 101. 938.02 (7) of the statutes is amended to read:
AB443,55,2220 938.02 (7) "Group home" means any facility operated by a person required to
21be licensed by the department of health and family services under s. 48.625 for the
22care and maintenance of 5 to 8 juveniles.
Note: Clarifies that the department referred to in s. 938.02 (7), stats., is the
department of health and family services (DHFS), not DOC.
AB443, s. 102 23Section 102. 938.02 (15d) of the statutes is amended to read:
AB443,56,3
1938.02 (15d) "Residential care center for children and youth" means a facility
2operated by a child welfare agency licensed under s. 48.60 for the care and,
3maintenance, and treatment of persons residing in that facility.
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