AB443: Bill Text

AB443,24,9 51.30 (5) (d) Other juvenile records. Section 48.78 does Sections 48.78 and 938.78 do not apply to records covered by this section.

AB443, s. 37 Section 37. 51.35 (3) (a) and (c) of the statutes are amended to read:

AB443,25,14 51.35 (3) (a) A licensed psychologist of a secured juvenile correctional facility, or a secured child caring institution, or a secured group home residential care center for children and youth, or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) 1. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian need consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB443,26,7 (c) A licensed psychologist of a secured juvenile correctional facility, or a secured child caring institution, or a secured group home, residential care center for children and youth or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth, in his or her opinion, is mentally ill, drug dependent, or developmentally disabled has a mental illness, drug dependency, or developmental disability and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch. 48 chs. 48 and 938 of the county where the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB443, s. 38 Section 38. 51.35 (3) (e) and (g) of the statutes are amended to read:

AB443,27,9 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a secured juvenile correctional facility, or a secured child caring institution, or a secured group home residential care center for children and youth to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled has a mental illness, drug dependency, or developmental disability and exhibits conduct which that constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to others, is mentally ill has a mental illness, is dangerous, and satisfies the standard under s. 51.20 (1) (a) 2. e., or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending secured juvenile correctional facility, or secured child caring institution or secured group home residential care center for children and youth shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the secured juvenile correctional facility, or secured child caring institution or secured group home residential care center for children and youth from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court which that directed confinement in the secured juvenile correctional facility, or secured child caring institution or secured group home residential care center for children and youth.

AB443,28,2 (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services may request in writing a return to the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age, who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the secured juvenile correctional facility, or secured child caring institution, or secured group home residential care center for children and youth within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment, or protective placement.

AB443, s. 39 Section 39. 59.24 of the statutes is amended to read:

AB443,28,16 59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county which that is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases where in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a juvenile in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p).

AB443, s. 40 Section 40. 77.52 (2) (a) 10. of the statutes is amended to read:

AB443,30,9 77.52 (2) (a) 10. Except for installing or applying tangible personal property which that, when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property unless, at the time of such that repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r). For purposes of this paragraph, the following items shall be considered to have retained their character as tangible personal property, regardless of the extent to which any such item is fastened to, connected with, or built into real property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators, coolers, freezers, water pumps, water heaters, water conditioners and softeners, clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and radio antennas, incinerators, television receivers and antennas, record players, tape players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs, bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps, electronic dust collectors, grills and rotisseries, bar equipment, intercoms, recreational, sporting, gymnasium and athletic goods and equipment including by way of illustration but not of limitation bowling alleys, golf practice equipment, pool tables, punching bags, ski tows, and swimming pools; equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), Type 1 secured juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities including, by way of illustration but not of limitation, lamps, chandeliers, and fans, venetian blinds, canvas awnings, office and business machines, ice and milk dispensers, beverage-making equipment, vending machines, soda fountains, steam warmers and tables, compressors, condensing units and evaporative condensers, pneumatic conveying systems; laundry, dry cleaning, and pressing machines, power tools, burglar alarm and fire alarm fixtures, electric clocks and electric signs. "Service" does not include services performed by veterinarians. The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in this subdivision, regardless of whether the installation or application of tangible personal property related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in this subdivision, if such that installation or replacement is a real property construction activity under s. 77.51 (2).

AB443, s. 41 Section 41. 101.123 (1) (bg) of the statutes is amended to read:

AB443,30,13 101.123 (1) (bg) "Jail" means a county jail, rehabilitation facility established by s. 59.53 (8), county house of correction under s. 303.16, or secure juvenile detention facility, as defined in s. 48.02 (16) (10r).

AB443, s. 42 Section 42. 101.123 (1) (j), (2) (br), (3) (gg) and (4) (a) 2. of the statutes are amended to read:

AB443,30,17 101.123 (1) (j) "Type 1 secured juvenile correctional facility" has the meaning given in s. 938.02 (19).

AB443,30,20 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured juvenile correctional facility or on the grounds of a Type 1 secured juvenile correctional facility.

AB443,30,22 (3) (gg) A Type 2 secured juvenile correctional facility, as defined in s. 938.02 (20).

AB443,31,12 (4) (a) 2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 secured juvenile correctional facility, on the grounds of a Type 1 secured juvenile correctional facility, in a motor bus, hospital, or physician's office or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, or in any location that is 25 feet or less from such a residence hall or dormitory, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism, or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.

AB443, s. 43 Section 43. 115.31 (1) (b) of the statutes is amended to read:

AB443,31,22 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB443, s. 44 Section 44. 115.76 (10) of the statutes is amended to read:

AB443,32,5 115.76 (10) "Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if the child with a disability resides in a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

AB443, s. 45 Section 45. 115.81 (1) (b) of the statutes is amended to read:

AB443,32,15 115.81 (1) (b) "Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a residential care center for children and youth except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a residential care center for children and youth, "responsible local educational agency" means the school district in which the residential care center for children and youth is located.

AB443, s. 46 Section 46. 118.125 (1) (a) of the statutes is amended to read:

AB443,32,24 118.125 (1) (a) "Behavioral records" means those pupil records which that include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil's behavior, tests relating specifically to achievement or measurement of ability, the pupil's physical health records other than his or her immunization records or any lead screening records required under s. 254.162, law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) or (1m) (b) 2. or (c) 3., and any other pupil records that are not progress records.

AB443, s. 47 Section 47. 118.125 (2) (cg) of the statutes is amended to read:

AB443,33,9 118.125 (2) (cg) The school district clerk or his or her designee shall provide a law enforcement agency with a copy of a pupil's attendance record if the law enforcement agency certifies in writing that the pupil is under investigation for truancy or for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the pupil's attendance record except as permitted under s. 938.396 (1) to (1x) (a). A school district clerk or designee who discloses a copy of a pupil's attendance record to a law enforcement agency for purposes of a truancy investigation shall notify the pupil's parent or guardian of that disclosure as soon as practicable after that disclosure.

AB443, s. 48 Section 48. 118.125 (2) (d) of the statutes is amended to read:

AB443,33,23 118.125 (2) (d) Pupil records shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license and other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1m) (1) (c) 3. shall be made available as provided in s. 118.127 (2). A school board member or an employee of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employee acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

AB443, s. 49 Section 49. 118.125 (2) (e) of the statutes is amended to read:

AB443,34,7 118.125 (2) (e) Upon the written permission of an adult pupil, or the parent or guardian of a minor pupil, the school shall make available to the person named in the permission the pupil's progress records or such portions of the pupil's behavioral records as determined by the person authorizing the release. Law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) or (1m) (b) 2. or (c) 3. may not be made available under this paragraph unless specifically identified by the adult pupil or by the parent or guardian of a minor pupil in the written permission.

AB443, s. 50 Section 50. 118.125 (2) (L) of the statutes is amended to read:

AB443,34,12 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in compliance with a court order under s. 48.236 (4) (a), 48.345 (12) (b), 938.34 (7d) (b), 938.396 (1m) (c) or (1) (d), or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's parent or legal guardian.

AB443, s. 51 Section 51. 118.125 (3) of the statutes is amended to read:

AB443,35,2 118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, on an optical disk, or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) or (1m) (b) 2. or (c) 3. separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.

AB443, s. 52 Section 52. 118.125 (4) of the statutes is amended to read:

AB443,35,18 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p). In this subsection, "school" and "school district" include any secured juvenile correctional facility, secured child caring institution, secured group home residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled, that provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB443, s. 53 Section 53. 118.125 (5) (b) of the statutes is amended to read:

AB443,36,2 118.125 (5) (b) Law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1) or (1m), (b) 2. or (c) 3. and records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) (a), (am), (ar), (b), or (bm), and records or of a municipal court obtained under s. 938.396 (7) (ar) (2g) (m) may not be used by a school district as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.

AB443, s. 54 Section 54. 118.125 (7) of the statutes is amended to read:

AB443,36,7 118.125 (7) Disclosure of law enforcement unit records. A school board shall treat law enforcement unit records of juveniles in the same manner as a law enforcement agency is required to treat law enforcement officers' records of juveniles under s. 938.396 (1) to (1x) and (5) (a).

AB443, s. 55 Section 55. 118.127 (1) of the statutes is amended to read:

AB443,36,13 118.127 (1) Upon receipt of information from a law enforcement agency under s. 48.396 (1) or 938.396 (1) or (1m) (b) 2. or (c) 3., the school district administrator or private school administrator who receives the information shall notify any pupil named in the information, and the parent or guardian of any minor pupil named in the information, of the information.

AB443, s. 56 Section 56. 118.127 (2) of the statutes is amended to read:

AB443,37,5 118.127 (2) A school district or private school may disclose information from law enforcement officers' records obtained under s. 938.396 (1m) (1) (c) 3. only to persons employed by the school district who are required by the department under s. 115.28 (7) to hold a license, to persons employed by the private school as teachers, and to other school district or private school officials who have been determined by the school board or governing body of the private school to have legitimate educational interests, including safety interests, in that information. In addition, if that information relates to a pupil of the school district or private school, the school district or private school may also disclose that information to those employees of the school district or private school who have been designated by the school board or governing body of the private school to receive that information for the purpose of providing treatment programs for pupils enrolled in the school district or private school. A school district may not use law enforcement officers' records obtained under s. 938.396 (1m) (1) (c) 3. as the sole basis for expelling or suspending a pupil or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against a pupil.

AB443, s. 57 Section 57. 118.15 (1) (cm) 1. of the statutes is amended to read:

AB443,37,23 118.15 (1) (cm) 1. Upon the child's request and with the approval of the child's parent or guardian, any child who is 17 years of age or over shall be excused by the school board from regular school attendance if the child began a program leading to a high school equivalency diploma in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secure juvenile detention facility, as defined in s. 938.02 (16) (10r), or a juvenile portion of a county jail, and the child and his or her parent or guardian agree under subd. 2. that the child will continue to participate in such a program. For purposes of this subdivision, a child is considered to have begun a program leading to a high school equivalency diploma if the child has received a passing score on a minimum of one of the 5 content area tests given under the general educational development test or has demonstrated under a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation a level of proficiency in a minimum of one of the 5 content areas specified in s. 118.33 (1) (a) 1. that is equivalent to the level of proficiency that he or she would have attained if he or she had satisfied the requirements under s. 118.33 (1) (a) 1.

AB443, s. 58 Section 58. 118.15 (5) (b) 2. of the statutes is amended to read:

AB443,38,4 118.15 (5) (b) 2. In a prosecution under par. (a), if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise 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 Section 59. 146.82 (2) (a) 18m. of the statutes is amended to read:

AB443,39,2 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or a secured juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or secured juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB443, s. 60 Section 60. 157.065 (2) (a) 4. c. of the statutes is amended to read:

AB443,39,5 157.065 (2) (a) 4. c. A Type 1 secured juvenile correctional facility, as defined in s. 938.02 (19);

AB443, s. 61 Section 61. 165.55 (15) of the statutes is amended to read:

AB443,39,12 165.55 (15) The state fire marshal, any deputy fire marshal, any fire chief, or his or her designee may obtain information relating to a juvenile from a law enforcement agency, a court assigned to exercise jurisdiction under chs. 48 and 938 or an agency, as defined in s. 938.78 (1), as provided in ss. 938.396 (1x) and (2) (1) (c) 8. and (2g) (j) and 938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school as provided in ss. 118.125 (2) (ch) and (L) and 938.396 (1m) (1) (d).

AB443, s. 62 Section 62. 165.76 (1) (a) and (2) (b) 2. of the statutes are amended to read:

AB443,39,19 165.76 (1) (a) Is in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025.

AB443,40,5 (2) (b) 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 shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision, or aftercare supervision, as directed by his or her probation, extended supervision, and parole agent or aftercare agent, except that the department of corrections or the county department under s. 46.215, 46.22 or 46.23 operating the secured group home in which the person is placed may require the person to provide the specimen while he or she is in prison or in the secured juvenile correctional facility, or secured child caring institution or secured group home residential care center for children and youth.

AB443, s. 63 Section 63. 165.76 (2) (b) 5. of the statutes is amended to read:

AB443,40,13 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured juvenile correctional facility, or a secured child caring institution residential care center for children and youth or on probation, extended supervision, parole, supervision, or aftercare supervision on August 12, 1993, the departments of justice, corrections, and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

AB443, s. 64 Section 64. 165.85 (2) (e) of the statutes is renumbered 165.85 (2) (br) and amended to read:

AB443,40,17 165.85 (2) (br) "Secure Juvenile detention facility" has the meaning given in s. 48.02 (16) (10r).

AB443, s. 65 Section 65. 165.85 (2) (f) of the statutes is renumbered 165.85 (2) (bt) and amended to read:

AB443,40,25 165.85 (2) (bt) "Secure Juvenile detention officer" means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control, or maintain a secure juvenile detention facility or the persons confined in a secure juvenile detention facility. "Secure Juvenile detention officer" includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

AB443, s. 66 Section 66. 165.85 (3) (d) of the statutes is amended to read:

AB443,41,19 165.85 (3) (d) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, secure juvenile detention officer recruits, or secure juvenile detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from traditional subjects such as first aid, patrolling, statutory authority, techniques of arrest, and firearms to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or secure juvenile detention facility. The board shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements.

AB443, s. 67 Section 67. 175.35 (1) (ag) of the statutes is amended to read:

AB443,41,23 175.35 (1) (ag) "Criminal history record" includes information reported to the department under s. 938.396 (8) (2g) (n) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony.

AB443, s. 68 Section 68. 230.36 (1m) (b) 3. (intro.) of the statutes is amended to read:

AB443,42,5 230.36 (1m) (b) 3. (intro.) A guard, institution aide, or other employee at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), and a state probation, extended supervision, and parole officer, at all times while:

AB443, s. 69 Section 69. 230.36 (2m) (a) 20. of the statutes is amended to read:

AB443,42,14 230.36 (2m) (a) 20. A guard or institutional aide or a state probation, extended supervision, and parole officer or any other employee whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics.

AB443, s. 70 Section 70. 252.15 (1) (ab) and (2) (a) 7. a. of the statutes are amended to read:

AB443,43,2 252.15 (1) (ab) "Affected person" means an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper; health care provider; employee of a health care provider; staff member of a state crime laboratory; social worker; or employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired.

AB443,43,24 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, during the course of providing care or services to an individual; a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, while searching or arresting an individual or while controlling or transferring an individual in custody; a health care provider or an employee of a health care provider, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; a staff member of a state crime laboratory, during the course of handling or processing specimens of body fluids or tissues of an individual; social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, while performing employment duties involving an individual; who is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

AB443, s. 71 Section 71. 252.15 (5) (a) 19. of the statutes is amended to read:

AB443,44,19 252.15 (5) (a) 19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, residential care center for children and youth, or secured juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB443, s. 72 Section 72. 301.01 (2) (b) of the statutes is amended to read:

AB443,44,23 301.01 (2) (b) Any resident of a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth.

AB443, s. 73 Section 73. 301.01 (3k) of the statutes is amended to read:

AB443,45,2 301.01 (3k) "Secured child caring institution residential care center for children and youth" has the meaning given in s. 938.02 (15g).

AB443, s. 74 Section 74. 301.01 (3m) of the statutes is renumbered 301.01 (1m) and amended to read:

AB443,45,6 301.01 (1m) "Secured Juvenile correctional facility" has the meaning given in s. 938.02 (15m) (10p).

AB443, s. 75 Section 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 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.