SB21: Bill Text

SB21,1702,6 893.82 (10) Except for sub. (6), this section does not apply if the claimant in the action or proceeding is the state and the person against whom such claim is brought is an officer or employee of the University of Wisconsin System Authority.

SB21,4640 Section 4640. 895.46 (1) (a) of the statutes is amended to read:

SB21,1703,14 895.46 (1) (a) If the defendant in any action or special proceeding is a public officer or employee and is proceeded against in an official capacity or is proceeded against as an individual because of acts committed while carrying out duties as an officer or employee and the jury or the court finds that the defendant was acting within the scope of employment, the judgment as to damages and costs entered against the officer or employee, except as provided in s. 146.89 (4), in excess of any insurance applicable to the officer or employee shall be paid by the state or political subdivision of which the defendant is an officer or employee or by the University of Wisconsin System Authority if the defendant is an officer or employee of the authority. Agents of any department of the state shall be covered by this section while acting within the scope of their agency. Regardless of the results of the litigation the governmental unit, if it does not provide legal counsel to the defendant officer or employee, shall pay reasonable attorney fees and costs of defending the action, unless it is found by the court or jury that the defendant officer or employee did not act within the scope of employment. Except as provided in s. 146.89 (4), the duty of a governmental unit to provide or pay for the provision of legal representation does not apply to the extent that applicable insurance provides that representation. If the employing state agency or the attorney general denies that the state officer, employee or agent was doing any act growing out of or committed in the course of the discharge of his or her duties, the attorney general may appear on behalf of the state to contest that issue without waiving the state's sovereign immunity to suit. Failure by the officer or employee to give notice to his or her department head of an action or special proceeding commenced against the defendant officer or employee as soon as reasonably possible is a bar to recovery by the officer or employee from the state or, political subdivision, or University of Wisconsin System Authority of reasonable attorney fees and costs of defending the action. The attorney fees and expenses shall not be recoverable if the state or, political subdivision, or University of Wisconsin System Authority offers the officer or employee legal counsel and the offer is refused by the defendant officer or employee. If the officer, employee or agent of the state refuses to cooperate in the defense of the litigation, the officer, employee or agent is not eligible for any indemnification or for the provision of legal counsel by the governmental unit under this section.

SB21,4641 Section 4641. 895.46 (5) (c) of the statutes is created to read:

SB21,1703,17 895.46 (5) (c) Officers and employees of the University of Wisconsin System Authority.

SB21,4642 Section 4642. 895.514 (3) (b) of the statutes is amended to read:

SB21,1703,24 895.514 (3) (b) All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), shall be payable only from funds of the authority or from the appropriation under s. 20.145 (5) (g) or (k), or from any combination of those payment sources.

SB21,4643 Section 4643. 895.56 (2) (a) of the statutes is amended to read:

SB21,1704,5 895.56 (2) (a) The acts or omissions by the person occurred while performing a contract entered into under s. 84.06 (2) or (2m), including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract entered into under s. 84.06 (2) or (2m) to perform labor or furnish materials.

SB21,4644 Section 4644. 895.56 (2) (c) of the statutes is amended to read:

SB21,1704,11 895.56 (2) (c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2) or (2m), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.

SB21,4645 Section 4645 . 938.02 (4) of the statutes is amended to read:

SB21,1704,17 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4), "department" means the department of corrections.

SB21,4646 Section 4646 . 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1704,24 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4), "department" means the department of corrections.

SB21,4647 Section 4647. 938.06 (4) of the statutes is amended to read:

SB21,1705,9 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 301.26 48.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26 48.526, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB21,4648 Section 4648. 938.069 (1) (intro.) of the statutes is amended to read:

SB21,1705,15 938.069 (1) Duties. (intro.) The staff of the department shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB21,4649 Section 4649. 938.19 (1) (d) 6. of the statutes is amended to read:

SB21,1705,22 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision administered by the department or a county department,; a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth,; or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21,4650 Section 4650. 938.20 (2) (cm) of the statutes is amended to read:

SB21,1706,5 938.20 (2) (cm) If the juvenile has violated a condition of community supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department or county department, whichever has supervision over the juvenile.

SB21,4651 Section 4651. 938.20 (7) (c) 1m. of the statutes is amended to read:

SB21,1706,13 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of community supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department or county department, whichever has supervision of the juvenile.

SB21,4652 Section 4652. 938.20 (8) (c) of the statutes is amended to read:

SB21,1706,23 938.20 (8) (c) If a juvenile who has violated a condition of community supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21.

SB21,4653 Section 4653. 938.205 (1) (c) of the statutes is amended to read:

SB21,1707,8 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21,4654 Section 4654. 938.208 (1) (intro.) of the statutes is amended to read:

SB21,1707,22 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

SB21,4655 Section 4655. 938.34 (4n) (intro.) of the statutes is amended to read:

SB21,1708,9 938.34 (4n) Aftercare Community supervision or aftercare supervision. (intro.) Subject In the case of a juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth, designate the department to provide community supervision for the juvenile following the juvenile's release from that facility or center or, subject to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a juvenile correctional facility or a secured residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the juvenile correctional that facility or secured residential care center for children and youth:

SB21,4656 Section 4656. 938.34 (4n) (a) of the statutes is repealed.

SB21,4657 Section 4657. 938.355 (6d) (b) (title) of the statutes is amended to read:

SB21,1708,12 938.355 (6d) (b) (title) Violation of condition of county aftercare supervision.

SB21,4658 Section 4658. 938.355 (6d) (b) 1. of the statutes is amended to read:

SB21,1708,23 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by a county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated.

SB21,4659 Section 4659. 938.355 (6d) (b) 2. of the statutes is amended to read:

SB21,1709,17 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.

SB21,4660 Section 4660. 938.355 (6d) (b) 2g. of the statutes is amended to read:

SB21,1709,23 938.355 (6d) (b) 2g. The taking into custody and placement of a juvenile under subd. 1. or 2. is subject to any general written policies adopted by the court under s. 938.06 (1) and (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to such taking into custody and placement.

SB21,4661 Section 4661. 938.355 (6d) (b) 4. of the statutes is amended to read:

SB21,1710,3 938.355 (6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has violated a condition of aftercare supervision administered by a county department from being taken into and held in custody under ss. 938.19 to 938.21.

SB21,4662 Section 4662. 938.357 (4) (a) of the statutes is amended to read:

SB21,1710,20 938.357 (4) (a) When the juvenile is placed with the department, the department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth remains under the supervision of the department, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB21,4663 Section 4663. 938.357 (4g) (title) of the statutes is amended to read:

SB21,1710,22 938.357 (4g) (title) Aftercare Community supervision or aftercare plan.

SB21,4664 Section 4664. 938.357 (4g) (a) of the statutes is amended to read:

SB21,1711,8 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department requests the community supervision or aftercare plan, whichever is earlier, the community supervision or aftercare provider designated under s. 938.34 (4n) shall prepare an a community supervision or aftercare plan for the juvenile. If the juvenile is to be placed on aftercare supervision, the county department designated as the aftercare provider is a county department, that county department shall submit the aftercare plan to the department within the applicable time period specified in this paragraph, unless the department waives the time period under par. (b).

SB21,4665 Section 4665. 938.357 (4g) (b) of the statutes is amended to read:

SB21,1711,18 938.357 (4g) (b) The department may waive the time period within which an a community supervision plan or aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the juvenile correctional facility or secured residential care center for children and youth for a period exceeding 8 months or if the juvenile is subject to s. 938.183. If the department waives that time period, the designated community supervision or aftercare provider shall prepare the community supervision or aftercare plan within 30 days after the date on which the department requests the community supervision or aftercare plan.

SB21,4666 Section 4666. 938.357 (4g) (c) (intro.) of the statutes is amended to read:

SB21,1711,21 938.357 (4g) (c) (intro.) An A community supervision or aftercare plan shall include all of the following:

SB21,4667 Section 4667. 938.357 (4g) (c) 2. of the statutes is amended to read:

SB21,1711,24 938.357 (4g) (c) 2. The conditions, if any, under which the juvenile's community supervision or aftercare status may be revoked.

SB21,4668 Section 4668. 938.357 (4g) (c) 3. of the statutes is amended to read:

SB21,1712,2 938.357 (4g) (c) 3. Services or programming to be provided to the juvenile while on community supervision or aftercare supervision.

SB21,4669 Section 4669. 938.357 (4g) (c) 4. of the statutes is amended to read:

SB21,1712,5 938.357 (4g) (c) 4. The estimated length of time that community supervision and services or aftercare supervision and services shall be provided to the juvenile.

SB21,4670 Section 4670. 938.357 (4g) (d) of the statutes is amended to read:

SB21,1712,9 938.357 (4g) (d) A juvenile may be released from a juvenile correctional facility or a secured residential care center for children and youth whether or not an a community supervision or aftercare plan has been prepared under this subsection.

SB21,4671 Section 4671. 938.357 (4m) of the statutes is amended to read:

SB21,1712,14 938.357 (4m) Release to community supervision or aftercare supervision. The department shall try to release a juvenile to community supervision or aftercare supervision under sub. (4) within 30 days after the date the department determines the juvenile is eligible for the release.

SB21,4672 Section 4672. 938.357 (5) (title) of the statutes is amended to read:

SB21,1712,17 938.357 (5) (title) Revocation of community supervision or aftercare supervision.

SB21,4673 Section 4673. 938.357 (5) (a) of the statutes is amended to read:

SB21,1712,25 938.357 (5) (a) The If a juvenile has been placed on community supervision, the department or a may revoke the community supervision status of that juvenile as provided in this subsection. If a juvenile has been placed on aftercare supervision, the county department, whichever that has been designated as a juvenile's aftercare provider, may revoke the aftercare status of that juvenile as provided in this subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not required.

SB21,4674 Section 4674. 938.357 (5) (b) of the statutes is amended to read:

SB21,1713,5 938.357 (5) (b) A juvenile on community supervision status may be taken into custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21 and or 938.355 (6d) (b).

SB21,4675 Section 4675. 938.357 (5) (d) of the statutes is amended to read:

SB21,1713,12 938.357 (5) (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of a condition of the juvenile's community supervision or aftercare supervision. This time period may be waived only upon the agreement of the community supervision or aftercare provider, the juvenile, and the juvenile's counsel.

SB21,4676 Section 4676. 938.357 (5) (e) of the statutes is amended to read:

SB21,1713,19 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of community supervision or aftercare supervision, the hearing examiner shall determine whether confinement in a juvenile correctional facility or a secured residential care center for children and youth is necessary to protect the public, to provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the violation.

SB21,4677 Section 4677. 938.357 (5) (g) of the statutes is amended to read:

SB21,1714,2 938.357 (5) (g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's community supervision or aftercare status. The standards shall specify that the burden is on the department or county department seeking revocation to show by a preponderance of the evidence that the juvenile violated a condition of community supervision or aftercare supervision.

SB21,4678 Section 4678. 938.365 (7) of the statutes is amended to read:

SB21,1714,8 938.365 (7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of community supervision or aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357, and trial reunifications may take place only under s. 938.358.

SB21,4679 Section 4679. 938.366 (1) of the statutes is renumbered 938.366 (1) (intro.) and amended to read:

SB21,1714,14 938.366 (1) (intro.) Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the following applies:

SB21,1714,22 (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age, who is a full-time student of a secondary school or its vocational or technical equivalent, and for whom an individualized education program under s. 115.787 is in effect.

SB21,4680 Section 4680. 938.366 (1) (b) of the statutes is created to read:

SB21,1714,25 938.366 (1) (b) The person is placed in a shelter care facility on the date on which an order specified in par. (a) terminates.

SB21,4681 Section 4681. 938.366 (2) (a) of the statutes is amended to read:

SB21,1715,15 938.366 (2) (a) Not less than 120 days before an order described in sub. (1) (a) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order, wishes to continue in out-of-home care until the date specified in s. 938.365 (5) (b) 4. under an extension of the order, or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of the order, the agency shall request an extension of the order under s. 938.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement.

SB21,4682 Section 4682. 938.366 (2) (b) 1. of the statutes is amended to read:

SB21,1716,2 938.366 (2) (b) 1. If the person who is the subject of an order described in sub. (1) (a) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s. 48.62 (2) of that person, all parties who are bound by the dispositional order, and, if that person is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian, that person's Indian custodian and tribe.

SB21,4683 Section 4683. 938.366 (2) (b) 3. of the statutes is amended to read: