SB21: Bill Text

SB21,1721,25 938.385 Plan for transition to independent living. During the 90 days immediately before a juvenile who 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 attains 18 years of age or, if the juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the juvenile under the order or agreement shall provide the juvenile with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the juvenile, shall be as detailed as the juvenile directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

SB21,4700 Section 4700. 938.48 (1) of the statutes is amended to read:

SB21,1722,8 938.48 (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of children and families, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.

SB21,4701 Section 4701. 938.48 (8p) of the statutes is renumbered 48.48 (8r) and amended to read:

SB21,1722,18 48.48 (8r) Indian juvenile placements. Reimburse To reimburse Indian tribes and county departments, from the appropriation under s. 20.410 (3) 20.437 (1) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles children who have been adjudicated delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles children who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

SB21,4702 Section 4702. 938.48 (13) of the statutes is amended to read:

SB21,1722,23 938.48 (13) Allowances and cash grants. Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to community supervision or aftercare supervision.

SB21,4703 Section 4703. 938.50 of the statutes is amended to read:

SB21,1723,15 938.50 Examination of juveniles under supervision of department. The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision (3) (a) to determine the appropriate level of supervision and services based on the juvenile's risks and needs. The department shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

SB21,4704 Section 4704. 938.51 (1m) of the statutes is amended to read:

SB21,1723,25 938.51 (1m) Notification of local agencies. The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's community supervision plan or aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

SB21,4705 Section 4705. 938.533 (title) of the statutes is repealed and recreated to read:

SB21,1724,2 938.533 (title) Community supervision.

SB21,4706 Section 4706. 938.533 (1) of the statutes is created to read:

SB21,1724,5 938.533 (1) Definition. In this section, "Type 2 status" means the status of a juvenile who is placed in a Type 2 juvenile correctional facility.

SB21,4707 Section 4707. 938.533 (2) of the statutes is renumbered 938.533 (2) (intro.) and amended to read:

SB21,1724,24 938.533 (2) Corrective sanctions program Community supervision services. (intro.) From the appropriation under s. 20.410 (3) (hr), the department shall purchase or provide a corrective sanctions program to serve an average daily population of 136 juveniles unless the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The department's office of juvenile offender review shall evaluate and select for participation in the program community supervision services for juveniles who have been placed under the community supervision of the department under s. 938.183, 938.34 (4h) or (4m), or (4n), 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant, and provide an average of not more than $3,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance, or 938.538 (3) (a) 2. For each juvenile who is placed under community supervision, the department may purchase or provide any of the following services:

SB21,1725,5 (a) Surveillance, including electronic monitoring or global positioning system tracking, which the department shall make available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report based on the juvenile's level of risk and community safety considerations.

SB21,1725,15 (b) Report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that programming, including social, behavioral, academic, community service, and other programming, after school, in the evening, on weekends, on other nonschool days, and at other times when the juvenile is not under immediate adult supervision.

SB21,1725,18 (c) Contacts with the juvenile and the juvenile's family of a type, frequency, and duration that are commensurate with the juvenile's level of risk and individualized treatment needs.

SB21,1725,21 (d) Case management services under the program shall be provided by a corrective sanctions community supervision agent who shall have a case load of approximately 15 juveniles.

SB21,1725,23 (4) Rules. The department shall promulgate rules to implement the program this section.

SB21,4708 Section 4708. 938.533 (2) (e) of the statutes is created to read:

SB21,1726,2 938.533 (2) (e) Any other treatment or services that are needed to meet the needs of the juvenile as determined by the department.

SB21,4709 Section 4709. 938.533 (3) of the statutes is amended to read:

SB21,1726,18 938.533 (3) Institutional status. (a) A participant in the corrective sanctions program The office of juvenile offender review in the division of juvenile corrections in the department shall evaluate each juvenile who is placed under community supervision and may place such a juvenile in Type 2 status. A juvenile who is placed in Type 2 status is under the supervision of the department, is subject to the rules and discipline of the department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile who is placed in Type 2 status violates a condition of his or her participation in the corrective sanctions program community supervision, the department may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her participation in the corrective sanctions program community supervision from being taken into and held in custody under ss. 938.19 to 938.21.

SB21,1727,4 (b) The department shall operate the corrective sanctions program community supervision for a juvenile who is placed in Type 2 status as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

SB21,4710 Section 4710. 938.533 (3m) of the statutes is amended to read:

SB21,1727,9 938.533 (3m) Escape. If a juvenile who is placed in Type 2 status runs away from his or her placement in the community while participating in the corrective sanctions program community supervision, the juvenile is considered to have escaped in violation of s. 946.42 (3) (c).

SB21,4711 Section 4711. 938.538 (3) (a) 2. of the statutes is amended to read:

SB21,1727,12 938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions community supervision under s. 938.533 or aftercare supervision.

SB21,4712 Section 4712. 938.538 (5) (a) of the statutes is amended to read:

SB21,1727,18 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department may release a participant to aftercare community supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare Community supervision of the participant shall be provided by the department.

SB21,4713 Section 4713. 938.538 (6m) (b) of the statutes is amended to read:

SB21,1728,5 938.538 (6m) (b) In the selection of classified service employees for a juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations shall provide guidelines for the administration of the selection procedure.

SB21,4714 Section 4714. 938.57 (4) of the statutes is amended to read:

SB21,1728,18 938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department or the department shall will provide aftercare supervision for juveniles released from juvenile correctional facilities or secured residential care centers for children and youth or the department will provide community supervision for those juveniles, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

SB21,4715 Section 4715. 940.20 (2m) (title) of the statutes is amended to read:

SB21,1728,21 940.20 (2m) (title) Battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents.

SB21,4716 Section 4716. 940.20 (2m) (a) 1m. of the statutes is created to read:

SB21,1728,25 940.20 (2m) (a) 1m. "Community supervision agent" means any person authorized by the department of corrections to exercise control over a juvenile on community supervision.

SB21,4717 Section 4717. 940.20 (2m) (b) of the statutes is amended to read:

SB21,1729,7 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision, and parole agent, a community supervision agent, or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent, a community supervision agent, or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class H felony.

SB21,4718 Section 4718. 940.207 (title) of the statutes is amended to read:

SB21,1729,11 940.207 (title) Battery or threat to department of safety and professional services financial institutions and professional standards or department of workforce development employee.

SB21,4719 Section 4719. 940.207 (2) (intro.) of the statutes is amended to read:

SB21,1729,19 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of safety and professional services financial institutions and professional standards official, employee, or agent whose responsibilities are primarily related to the buildings and safety or professional regulation functions of that department, or any department of workforce development official, employee, or agent , under all of the following circumstances is guilty of a Class H felony:

SB21,4720 Section 4720. 940.207 (2) (a) of the statutes is amended to read:

SB21,1729,24 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of safety and professional services financial institutions and professional standards or department of workforce development official, employee, or agent or a member of his or her family.

SB21,4721 Section 4721. 941.237 (1) (dm) of the statutes is amended to read:

SB21,1730,1 941.237 (1) (dm) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7).

SB21,4722 Section 4722. 944.21 (8) (b) 3. a. of the statutes is amended to read:

SB21,1730,6 944.21 (8) (b) 3. a. Is a technical college, is a school approved authorized by the educational approval board under s. 38.50 department of financial institutions and professional standards under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

SB21,4723 Section 4723. 946.13 (12) (a) of the statutes is amended to read:

SB21,1730,10 946.13 (12) (a) In this subsection, "research company" means an entity engaged in commercial activity that is related to research conducted by an employee or officer of the University of Wisconsin System Authority or to a product of such research.

SB21,4724 Section 4724. 946.13 (12) (b) (intro.) of the statutes is amended to read:

SB21,1730,15 946.13 (12) (b) (intro.) Subsection (1) does not apply to a contract between a research company and the University of Wisconsin System Authority or any institution or college campus within the system for purchase of goods or services, including research, if all the following apply:

SB21,4725 Section 4725. 946.13 (12) (b) 1. of the statutes is amended to read:

SB21,1730,19 946.13 (12) (b) 1. The contract is approved by a University of Wisconsin System Authority employee or officer responsible for evaluating and managing potential conflicts of interest.

SB21,4726 Section 4726. 946.13 (12) (b) 2. b. of the statutes is amended to read:

SB21,1730,25 946.13 (12) (b) 2. b. The University of Wisconsin System employee or officer specified in subd. 1. submits the contract to the University of Wisconsin Board of Regents and, within 45 days, the University of Wisconsin System Authority Board of Regents does not notify the University of Wisconsin System employee or officer specified in subd. 1. that entering the contract would constitute a violation of sub. (1).

SB21,4727 Section 4727. 946.42 (1) (a) 2. of the statutes is amended to read:

SB21,1731,6 946.42 (1) (a) 2. "Custody" does not include the constructive custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole agent or, subject to s. 938.533 (3) (a), the constructive custody of a person who has been released to community supervision or aftercare supervision under ch. 938.

SB21,4728 Section 4728. 946.42 (3) (c) of the statutes is amended to read:

SB21,1731,10 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h), or (4m), to a placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or aftercare revocation under s. 938.357 (5) (e).

SB21,4729 Section 4729. 948.11 (4) (b) 3. a. of the statutes is amended to read:

SB21,1731,15 948.11 (4) (b) 3. a. Is a technical college, is a school approved authorized by the educational approval board under s. 38.50 department of financial institutions and professional standards under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

SB21,4730 Section 4730. 949.11 (2) of the statutes is repealed.

SB21,4731 Section 4731. 949.31 (2) of the statutes is repealed.

SB21,4732 Section 4732. 971.14 (6) (b) of the statutes is amended to read:

SB21,1732,11 971.14 (6) (b) When the court discharges a defendant from commitment under par. (a), it may order that the defendant be taken immediately into custody by a law enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical or protective placement facility. Thereafter, detention of the defendant shall be governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The district attorney or corporation counsel may prepare a statement meeting the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.135 based on the allegations of the criminal complaint and the evidence in the case. This statement shall be given to the director of the facility to which the defendant is delivered and filed with the branch of circuit court assigned to exercise criminal jurisdiction in the county in which the criminal charges are pending, where it shall suffice, without corroboration by other petitioners, as a petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective placement under s. 55.075. This section does not restrict the power of the branch of circuit court in which the petition is filed to transfer the matter to the branch of circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent in commitment or protective placement pursuant to a petition under this paragraph shall not be deemed days spent in custody under s. 973.155.

SB21,4733 Section 4733. 973.0455 of the statutes is created to read:

SB21,1732,17 973.0455 Crime prevention funding board surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.

SB21,1732,20 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).

SB21,4734 Section 4734. 973.05 (2m) (du) of the statutes is created to read:

SB21,1732,23 973.05 (2m) (du) To payment of the crime prevention funding board surcharge until paid in full.

SB21,4735 Section 4735. 973.06 (1) (j) of the statutes is amended to read:

SB21,1733,10 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 114.09, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

SB21,4736 Section 4736. 978.03 (1) of the statutes is amended to read:

SB21,1733,21 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB21,4737 Section 4737. 978.045 (1r) (intro.) of the statutes is amended to read:

SB21,1734,8 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings or John Doe proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of justice attesting that any of the following conditions exists:

SB21,4738 Section 4738. 978.045 (1r) (e) of the statutes is amended to read:

SB21,1734,12 978.045 (1r) (e) The district attorney is physically unable to attend to his or her duties due to a health issue or has a mental incapacity that impairs his or her ability to substantially perform his or her duties.

SB21,4739 Section 4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated, renumbered 978.045 (2) and amended to read:

SB21,1734,22 978.045 (2) The If the department of justice approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for any the attorney appointed as a special prosecutor under sub. (1r) according to the rates specified in s. 977.08 (4m) (b). (b) The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). (c) The court, district attorney, and the special prosecutor shall provide any information regarding a payment under par. (b) of compensation that the department requests.

SB21,4740 Section 4740. 978.05 (6) (a) of the statutes is amended to read:

SB21,1735,11 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB21,4741 Section 4741. 978.11 of the statutes is amended to read: