AB443: Bill Text

AB443, s. 76 Section 76. 301.01 (4) of the statutes is amended to read:

AB443,45,10 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured juvenile correctional facility operated by the department.

AB443, s. 77 Section 77. 301.027 of the statutes is amended to read:

AB443,45,15 301.027 Treatment program at one or more juvenile secured correctional facilities. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile secured correctional facilities.

AB443, s. 78 Section 78. 301.03 (10) (d), (e) and (f) of the statutes are amended to read:

AB443,45,23 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, and the release of juvenile offenders from secured juvenile correctional facilities or secured child caring institutions residential care centers for children and youth to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

AB443,46,2 (e) Provide educational programs in all secured juvenile correctional facilities operated by the department.

AB443,46,4 (f) Provide health services and psychiatric services for residents of all secured juvenile 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 Section 79. 301.032 (1) (b) of the statutes is amended to read:

AB443,46,11 301.032 (1) (b) All records of the department and all county records relating to juvenile delinquency-related services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such those services shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB443, s. 80 Section 80. 301.08 (1) (b) 3. of the statutes is amended to read:

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

AB443, s. 81 Section 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 Section 82. 301.19 (1) (b) of the statutes is amended to read:

AB443,47,9 301.19 (1) (b) "Correctional facility" means an institution or facility, or a portion of an institution or facility, that is used to confine juveniles alleged or found to be delinquent or a prison, jail, house of correction, or lockup facility but does not include a 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 Section 83. 301.205 of the statutes is amended to read:

AB443,47,15 301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured juvenile correctional facility. If the department decides to provide the reimbursement, the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

AB443, s. 84 Section 84. 301.26 (2) (c) of the statutes is amended to read:

AB443,48,2 301.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 938, except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under s. 46.17, 46.175, or 301.37, for reimbursement of costs under s. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.

AB443, s. 85 Section 85. 301.26 (4) (cm) 1. and 2. of the statutes are amended to read:

AB443,48,20 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing secured juvenile correctional facilities, secured child caring institutions residential care centers for children and youth, alternate care providers, aftercare supervision providers, and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured juvenile correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an attempted violation of s. 943.32 (2) and for the care of any juvenile 10 years of age or over who has been placed in a secured juvenile correctional facility or secured child caring institution residential care center for children and youth for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB443,49,4 2. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing secured juvenile correctional facilities, secured child caring institutions residential care centers for children and youth, alternate care providers, aftercare supervision providers , and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a secured juvenile correctional facility under s. 48.366 based on a delinquent 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 Section 86. 301.26 (4) (d) 2. and 3. of the statutes are amended to read:

AB443,49,13 301.26 (4) (d) 2. Beginning on July 1, 2003, and ending on June 30, 2004, the per person daily cost assessment to counties shall be $183 for care in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19), $183 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $225 for care in a residential care center for children and youth, $142 for care in a group home for children, $47 for care in a foster home, $88 for care in a treatment foster home, $86 for departmental corrective sanctions services, and $25 for departmental aftercare services.

AB443,49,21 3. Beginning on July 1, 2004, and ending on June 30, 2005, the per person daily cost assessment to counties shall be $187 for care in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19), $187 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $239 for care in a residential care center for children and youth, $149 for care in a group home for children, $49 for care in a foster home, $92 for care in a treatment foster home, $87 for departmental corrective sanctions services, and $26 for departmental aftercare services.

AB443, s. 87 Section 87. 301.26 (7) (b) 3. of the statutes is amended to read:

AB443,50,4 301.26 (7) (b) 3. Each county's proportion of the number of juveniles statewide who are placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth during the most recent 3-year period for which that information is available.

AB443, s. 88 Section 88. 301.263 (3) of the statutes is amended to read:

AB443,50,19 301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

AB443, s. 89 Section 89. 301.36 (1) of the statutes is amended to read:

AB443,51,2 301.36 (1) General authority. The department shall investigate and supervise all of the state prisons under s. 302.01, all secured juvenile correctional facilities, all secured child caring institutions, all secured group homes residential care centers for children and youth, and all secure juvenile detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

AB443, s. 90 Section 90. 301.37 (1) of the statutes is amended to read:

AB443,51,11 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09, and, after consulting with the department of health and family services, all secured group homes and secure juvenile detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

AB443, s. 91 Section 91. 301.37 (5) of the statutes is amended to read:

AB443,51,23 301.37 (5) The department's standards and regulations under sub. (1) for secure juvenile detention facilities apply to private secure juvenile detention facilities used under s. 938.222. At least annually, the department shall inspect each such private secure juvenile detention facility with respect to safety, sanitation, adequacy, and fitness, report to the county board and the private entity operating the private secure juvenile detention facility regarding any deficiency found and order the necessary work to correct it. If within 6 months thereafter the work is not commenced, or not completed within a reasonable period thereafter to the satisfaction of the department, the department shall prohibit the use of the private secure juvenile detention facility for purposes of s. 938.222 until the order is complied with.

AB443, s. 92 Section 92. 301.45 (1g) (b) and (bm), (3) (a) 2. and (5) (a) 2. of the statutes are amended to read:

AB443,52,4 301.45 (1g) (b) Is in prison, a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth or is on probation, extended supervision, parole, supervision, or aftercare supervision on or after December 25, 1993, for a sex offense.

AB443,52,10 (bm) Is in prison, a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth or is on probation, extended supervision, parole, supervision , or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of a law of this state that is comparable to a sex offense.

AB443,52,15 (3) (a) 2. If the person has been sentenced to prison or placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth, he or she is subject to this subsection upon being released on parole, extended supervision, or aftercare supervision.

AB443,52,20 (5) (a) 2. If the person has been sentenced to prison for a sex offense or placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth for a sex offense, 15 years after discharge from parole, extended supervision, or aftercare supervision for the sex offense.

AB443, s. 93 Section 93. 302.11 (10) of the statutes is amended to read:

AB443,52,24 302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not entitled to mandatory release and may be released or discharged only as provided under 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 Section 94. 302.18 (7) of the statutes is amended to read:

AB443,53,8 302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep a person under 15 years of age who has been sentenced to the Wisconsin state prisons in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth, but the department may transfer that person to an adult correctional institution after the person attains 15 years of age. The department may not transfer any person under 18 years of age to the correctional institution authorized in s. 301.16 (1n).

AB443, s. 95 Section 95. 302.255 of the statutes is amended to read:

AB443,53,13 302.255 Interstate corrections compact; additional applicability. "Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject to 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 Section 96. 302.386 (1), (2) (intro.), (3) (a) and (5) (c) and (d) of the statutes are amended to read:

AB443,54,5 302.386 (1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 or, in a secured juvenile correctional facility as defined in s. 938.02 (15m), or in a secured child caring institution, as defined in s. 938.02 (15g) residential care center for children and youth, or to forensic patients in state institutions for those services which that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

AB443,54,10 (2) (intro.) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a secured juvenile correctional facility as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) residential care center for children and youth, for which any of the following applies:

AB443,54,16 (3) (a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured juvenile correctional facility, as defined in s. 938.02 (15m), who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.

AB443,54,19 (5) (c) Any participant in the corrective sanctions program under s. 938.533 unless he or she the participant is placed in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19).

AB443,54,23 (d) Any participant in the serious juvenile offender program under s. 938.538 unless he or she the participant is placed in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized 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 Section 97. 938.01 (1) (title) and (2) (title) of the statutes are created to read:

AB443,55,2 938.01 (1) (title) Title.

AB443,55,3 (2) (title) Legislative intent.

AB443, s. 98 Section 98. 938.01 (2) (f) of the statutes is amended to read:

AB443,55,8 938.01 (2) (f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the judge court to utilize the most effective dispositional option.

AB443, s. 99 Section 99. 938.01 (2) (g) of the statutes is amended to read:

AB443,55,14 938.01 (2) (g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with the provisions of this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout such those proceedings.

AB443, s. 100 Section 100. 938.02 (5) of the statutes is amended to read:

AB443,55,18 938.02 (5) "Developmentally disabled" means having a developmental disability, as defined in "Developmental disability" has the meaning given in s. 51.01 (5).

AB443, s. 101 Section 101. 938.02 (7) of the statutes is amended to read:

AB443,55,22 938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services under s. 48.625 for the care 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 Section 102. 938.02 (15d) of the statutes is amended to read:

AB443,56,3 938.02 (15d) "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and, maintenance, and treatment of persons residing in that facility.

Note: Adds "treatment" to the list of services in the definition of "residential care center for children and youth" in s. 938.02 (15d), stats., since these centers provide treatment as well as "care and maintenance".

AB443, s. 103 Section 103. 938.02 (15g) of the statutes is amended to read:

AB443,56,8 938.02 (15g) "Secured child caring institution residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

Note: Changes the term "secure child caring institution" to "secured" residential care center for children and youth" in s. 938.02 (15g), stats. The committee determined that "secured residential care center for children and youth" is a more appropriate term for these facilities.

AB443, s. 104 Section 104. 938.02 (15m) of the statutes is renumbered 938.02 (10p) and amended to read:

AB443,56,16 938.02 (10p) "Secured Juvenile correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured Juvenile correctional facility" includes the Mendota juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

Note: Changes the term "secured correctional facility" to "juvenile correctional facility" in s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill. There does not appear to be any reason to use "secured correctional facility" instead of "juvenile correctional facility" in ch. 938, stats. "Juvenile correctional facility" is a more descriptive term for a facility that deals solely with juvenile offenders. "Secured correctional facility" does not indicate that the correctional facility is for juvenile offenders. The same comment applies to other facilities defined in this section, including "secure detention facility" in current s. 938.02 (16), stats., the "Type 1 secured correctional facility" in current s. 938.02 (19), stats., and "Type 2 secured correctional facility" in current s. 938.02 (20), stats. These definitions are also revised to use "juvenile" instead of "secure" or "secured".

AB443, s. 105 Section 105. 938.02 (15p) of the statutes is repealed.

Note: Repeals the definition of "secured group home" in s. 938.02 (15p), stats. The committee determined that no secured group homes have been established since the concept was first recognized in the statutes and that the concept is unnecessary and unworkable.

AB443, s. 106 Section 106. 938.02 (16) of the statutes is renumbered 938.02 (10r) and amended to read:

AB443,57,6 938.02 (10r) "Secure Juvenile detention facility" means a locked facility approved by the department under s. 301.36 for the secure, temporary holding in custody of juveniles.

Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill.

AB443, s. 107 Section 107. 938.02 (19) of the statutes is amended to read:

AB443,57,11 938.02 (19) "Type 1 secured juvenile correctional facility" means a secured juvenile correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) (10p) solely because of its status under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill.

AB443, s. 108 Section 108. 938.02 (19r) of the statutes is amended to read: