SB378: Bill Text

SB378,195 Section 195. 859.07 (2) (a) 2. of the statutes is amended to read:

SB378,53,10 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB378,196 Section 196. 859.15 of the statutes is amended to read:

SB378,53,17 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), and 49.345 (11), and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB378,197 Section 197. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act 55, section 4646b, is amended to read:

SB378,53,23 938.02 (4) “Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (4), “department" means the department of corrections.

SB378,198 Section 198. 938.02 (10r) of the statutes is amended to read:

SB378,54,3 938.02 (10r) “Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 938.226 for the secure, temporary holding in custody of juveniles.

SB378,199 Section 199. 938.02 (12r) of the statutes is amended to read:

SB378,54,15 938.02 (12r) “Out-of-home care provider" means a foster parent, guardian, relative other than a parent, or nonrelative in whose home a juvenile is placed, or the operator of a group home, residential care center for children and youth, or shelter care facility in which a juvenile is placed, under the placement and care responsibility of the department of children and families, the department of corrections, or a county department. “Out-of-home care provider" also includes, in the case of a juvenile placed in a group home, residential care center for children and youth, or shelter care facility, a staff member employed on the site of that home, center, or facility who has been designated by the operator of that home, center, or facility as an out-of-home care provider for purposes of making decisions concerning the juvenile's participation in age or developmentally appropriate activities.

SB378,200 Section 200. 938.02 (19r) of the statutes is amended to read:

SB378,54,21 938.02 (19r) “Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

SB378,201 Section 201. 938.06 (4) of the statutes is amended to read:

SB378,55,6 938.06 (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. 48.526 938.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 48.526 938.526, 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.

SB378,202 Section 202. 938.069 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4648bm, is amended to read:

SB378,55,13 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB378,203 Section 203. 938.069 (2) of the statutes is amended to read:

SB378,55,17 938.069 (2) Agency approval needed. Licensed child welfare agencies and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

SB378,204 Section 204. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB378,55,24 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), personnel of the department of corrections designated by that the department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. 938.485 (18) (b) and designated by agreement between the agency and the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB378,205 Section 205. 938.205 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, section 4653bm, is amended to read:

SB378,56,10 938.205 (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 of corrections 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.

SB378,206 Section 206. 938.208 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4654bm, is amended to read:

SB378,56,25 938.208 (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 of corrections 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:

SB378,207 Section 207. 938.209 (1) (a) (intro.) of the statutes is amended to read:

SB378,57,4 938.209 (1) (a) (intro.) No other juvenile detention facility approved by the department of corrections or a county is available and all of the following conditions are met:

SB378,208 Section 208. 938.209 (1) (a) 1. of the statutes is amended to read:

SB378,57,7 938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities established by the department of corrections.

SB378,209 Section 209. 938.209 (2m) (b) of the statutes is amended to read:

SB378,57,13 938.209 (2m) (b) The department of corrections shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety, and welfare of the juveniles held in those facilities.

SB378,210 Section 210. 938.22 (1) (a) of the statutes is amended to read:

SB378,57,25 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 938.226 and 938.227 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37 938.226, and 938.227. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 938.226 and 938.227 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

SB378,211 Section 211. 938.22 (2) (a) of the statutes is amended to read:

SB378,58,12 938.22 (2) (a) Counties shall submit plans for a shelter care facility, juvenile detention facility, or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.

SB378,212 Section 212. 938.22 (2) (b) of the statutes is amended to read:

SB378,58,21 938.22 (2) (b) If the department of corrections approves, a juvenile detention facility or a holdover room may be located in a public building in which there is a jail or other facility for the detention of adults if the juvenile detention facility or holdover room is physically segregated from the jail or other facility so that juveniles may enter the juvenile detention facility or holdover room without passing through areas where adults are confined and juveniles detained in the juvenile detention facility or holdover room cannot communicate with or view adults confined in the jail or other facility.

SB378,213 Section 213. 938.222 (2) (a) 1. of the statutes is amended to read:

SB378,59,2 938.222 (2) (a) 1. That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under s. 301.36 938.226.

SB378,214 Section 214. 938.222 (2) (b) 3. of the statutes is amended to read:

SB378,59,6 938.222 (2) (b) 3. An agreement that the private juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 938.226.

SB378,215 Section 215. 938.222 (2) (b) 4. of the statutes is amended to read:

SB378,59,10 938.222 (2) (b) 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

SB378,216 Section 216. 938.223 (2) (a) 1. of the statutes is amended to read:

SB378,59,16 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the department under s. 301.36 938.226.

SB378,217 Section 217. 938.223 (2) (b) 3. of the statutes is amended to read:

SB378,59,20 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 938.226.

SB378,218 Section 218. 938.223 (2) (b) 4. of the statutes is amended to read:

SB378,59,24 938.223 (2) (b) 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

SB378,219 Section 219. 938.224 (1) of the statutes is amended to read:

SB378,60,6 938.224 (1) Uses of facilities. The county board of supervisors of a county may contract with the department of corrections for the use of a juvenile correctional facility operated by that the department for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).

SB378,220 Section 220. 938.224 (2) (a) 1. of the statutes is amended to read:

SB378,60,10 938.224 (2) (a) 1. There is no county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.

SB378,221 Section 221. 938.224 (2) (a) 2. of the statutes is amended to read:

SB378,60,14 938.224 (2) (a) 2. There is no bed space available in a county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.

SB378,222 Section 222. 938.224 (2) (b) of the statutes is amended to read:

SB378,60,19 938.224 (2) (b) That the county may use a juvenile correctional facility for holding a juvenile under sub. (1) only if the department of corrections approves that use based on the availability of beds in the juvenile correctional facility and on the programming needs of the juvenile.

SB378,223 Section 223. 938.224 (3) (a) of the statutes is amended to read:

SB378,60,24 938.224 (3) (a) The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department of corrections.

SB378,224 Section 224. 938.224 (3) (b) of the statutes is amended to read:

SB378,61,3 938.224 (3) (b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting county and the department of corrections.

SB378,225 Section 225. 938.224 (4) of the statutes is amended to read:

SB378,61,7 938.224 (4) Supervision and control of juveniles. A juvenile held in custody under sub. (1) is under the supervision and control of the department of corrections and is subject to the rules and discipline of that the department.

SB378,226 Section 226. 938.225 of the statutes is amended to read:

SB378,61,13 938.225 Statewide plan for juvenile detention facilities. The department of corrections shall assist counties in establishing juvenile detention facilities under s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable juvenile detention facilities reasonably accessible to each court.

SB378,227 Section 227. 938.226 of the statutes is created to read:

SB378,61,19 938.226 Secure juvenile facilities; general supervision and inspection by department. (1) Generally. The department shall investigate and supervise all juvenile correctional facilities, all secured residential care centers for children and youth, and all juvenile detention facilities and familiarize itself with all the circumstances affecting their management and usefulness.

SB378,62,2 (2) Inspections. The department shall inquire into the methods of treatment, instruction, government, and management of children placed in the facilities specified in sub. (1); the conduct of the trustees, managers, directors, superintendents, and other officers and employees of those facilities; the condition of the buildings, grounds, and all other property pertaining to those facilities; and all other matters pertaining to the usefulness and management of those facilities; and recommend to the officers in charge such changes and additional provisions as the department considers proper.

SB378,62,7 (3) Frequency of inspections. The department shall inspect and investigate each facility specified in sub. (1) at least annually and, when directed by the governor, the department shall conduct a special investigation into such a facility's management, or anything connected with its management, and report to the governor the testimony taken, the facts found, and the conclusions drawn.

SB378,62,15 (4) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial held under the provisions of this chapter relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of the request.

SB378,62,23 (5) Opportunity to inspect. All trustees, managers, directors, superintendents, and other officers or employees of a facility specified in sub. (1) shall at all times afford to every member of the department and its agents unrestrained facility access for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the facility, and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100.

SB378,63,2 (6) Testimonial power; expenses. The department or any person delegated by the department may administer oaths, take testimony, and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department.

SB378,63,5 (7) Statistics to be furnished. Whenever the department is required to collect statistics relating to a facility specified in sub. (1), the facility shall furnish the required statistics on request.

SB378,228 Section 228. 938.227 of the statutes is created to read:

SB378,63,10 938.227 Juvenile detention facilities; establishment, approval, inspection. (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of juvenile detention facilities, with respect to their adequacy and fitness for the needs that they are to serve.

SB378,63,14 (2) The selection and purchase of the site, and the plans, specifications, and erection of buildings for juvenile detention facilities shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the juvenile detention facility.

SB378,63,23 (3) Before any juvenile detention facility is occupied, and at least annually thereafter, the department shall inspect the juvenile detention facility, with respect to safety, sanitation, adequacy, and fitness, report to the authorities managing the juvenile detention facility any deficiency found, and order the necessary work to correct that deficiency. If within 6 months after the inspection the work is not commenced, or not completed within a reasonable period after commencement of the work, to the satisfaction of the department, the department shall suspend the allowance of state aid for, and prohibit the use of, the juvenile detention facility until the order is complied with.

SB378,229 Section 229. 938.23 (1m) (a) of the statutes is amended to read:

SB378,64,9 938.23 (1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in a juvenile detention facility shall be represented by counsel at all stages of the proceedings. A juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth, transfer supervision of the juvenile to the department of corrections for participation in the serious juvenile offender program, or transfer jurisdiction over the juvenile to adult court.

SB378,230 Section 230. 938.295 (2) (c) of the statutes is amended to read:

SB378,64,18 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may recover a reasonable contribution toward that cost from the juvenile's parent or guardian, based on the ability of the parent or guardian to pay. If the examination is provided or otherwise funded by the county department under s. 46.215, 46.22, or 46.23, the county department shall collect the contribution of the parent or guardian as provided in s. 301.03 (18) 49.32 (1). If the examination is provided or otherwise funded by the county department under s. 51.42 or 51.437, the county department shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).

SB378,231 Section 231. 938.296 (6) of the statutes is amended to read:

SB378,64,25 938.296 (6) Payment for test costs. The court may order the county to pay for the cost of a test or series of tests ordered under sub. (4) or (5). This subsection does not prevent recovery of reasonable contribution toward the cost of that test or series of tests from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 301.03 (18) 49.32 (1).

SB378,232 Section 232. 938.30 (6) (b) of the statutes is amended to read:

SB378,65,12 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under s. 301.12 49.345 (14) (c).

SB378,233 Section 233 . 938.31 (7) (b) of the statutes is amended to read:

SB378,65,24 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under s. 301.12 49.345 (14) (c).

SB378,234 Section 234 . 938.33 (4m) (intro.) of the statutes is amended to read:

SB378,66,5 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors under s. 301.12 49.345 (14) (c). At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

SB378,235 Section 235. 938.33 (4m) (b) of the statutes is amended to read: