938.57 (4) of the statutes is amended to read:
938.57 (4) Aftercare supervision.
A county department may provide aftercare 23
supervision under s. 938.34 (4n) for juveniles who are released from juvenile 24
correctional facilities or secured residential care centers for children and youth. If 25
a county department intends to change its policy regarding whether the county
department or the department of corrections
shall provide aftercare supervision for 2
juveniles released from juvenile correctional facilities or secured residential care 3
centers for children and youth the county executive or county administrator, or, if the 4
county has no county executive or county administrator, the chairperson of the 5
county board of supervisors, or, for multicounty departments, the chairpersons of the 6
county boards of supervisors jointly, shall submit a letter to the department of
stating that intent before July 1 of the year preceding the year in which 8
the policy change will take effect.
938.57 (4) of the statutes, as affected by 2015 Wisconsin Act 10
.... (this act), is amended to read:
938.57 (4) Aftercare supervision.
A county department may provide aftercare 12
supervision under s. 938.34 (4n) for juveniles who are released from juvenile 13
correctional facilities or secured residential care centers for children and youth. If 14
a county department intends to change its policy regarding whether the county 15
department or the department of corrections shall
provide aftercare supervision 16
for juveniles released from juvenile correctional facilities or secured residential care 17
centers for children and youth or the department of corrections will provide
18community supervision for those juveniles,
the county executive or county 19
administrator, or, if the county has no county executive or county administrator, the 20
chairperson of the county board of supervisors, or, for multicounty departments, the 21
chairpersons of the county boards of supervisors jointly, shall submit a letter to the 22
department of corrections
stating that intent before July 1 of the year preceding the 23
year in which the policy change will take effect.
938.78 (1) of the statutes is amended to read:
938.78 (1) Definition.
In this section, unless otherwise qualified, "agency" 2
means the department of children and families, the department of corrections
, a 3
or a licensed child welfare agency.
938.78 (2) (b) 1. of the statutes is amended to read:
(b) 1. Paragraph (a) does not apply to the confidential exchange of 6
information between an agency and another agency, a
social welfare agency, a law 7
enforcement agency, the victim-witness coordinator, a fire investigator under s. 8
165.55 (15), a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school 9
district or a private school regarding an individual in the care or legal custody of the 10
agency. A social welfare agency that obtains information under this paragraph shall 11
keep the information confidential as required under this section and s. 48.78. A law 12
enforcement agency, victim-witness coordinator, or fire investigator, that obtains 13
information under this paragraph shall keep the information confidential as 14
required under ss. 48.396 (1) and 938.396 (1). A health care provider that obtains 15
information under this paragraph shall keep the information confidential as 16
provided under s. 146.82. A public school that obtains information under this 17
paragraph shall keep the information confidential as required under s. 118.125, and 18
a private school that obtains information under this paragraph shall keep the 19
information confidential in the same manner as is required of a public school under 20
s. 118.125. Paragraph (a) does not apply to the confidential exchange of information 21
between an agency and officials of a tribal school regarding an individual in the care 22
or legal custody of the agency if the agency determines that enforceable protections 23
are provided by a tribal school policy or tribal law that requires tribal school officials 24
to keep the information confidential in a manner at least as stringent as is required 25
of a public school official under s. 118.125.
938.78 (2) (L) of the statutes is created to read:
(L) 1. In this paragraph, "qualified independent researcher" means 3
a faculty member of a university who satisfies all of the following:
a. The faculty member has an approved protocol from an institutional review 5
board for human subjects research to work with data containing personal 6
information for the purposes of evaluating the program under s. 119.23.
b. The faculty member has received from the state and properly managed data 8
containing personal information for the purposes of evaluating the program under 9
s. 119.23 before the effective date of this subd. 1. b. .... [LRB inserts date].
2. Notwithstanding par. (a), the department of children and families shall 11
permit a qualified independent researcher to have access to any database 12
maintained by the department of children and families for the purpose of 13
cross-matching information contained in any such database with a database that 14
both is in the possession of the qualified independent researcher and contains 15
information regarding pupils participating in the program under s. 119.23. The 16
department of children and families may charge a fee to the qualified independent 17
researcher for the information that does not exceed the cost incurred by the 18
department of children and families to provide the information.
938.78 (3) of the statutes is amended to read:
938.78 (3) Release of information when escape or absence; rules.
If a juvenile 21
adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need 22
of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., 23
or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., 24
or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 25
941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2)
(a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 2
948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a 3
juvenile correctional facility, residential care center for children and youth, inpatient 4
facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of 5
a county jail, or from the custody of a peace officer or a guard of such a facility, center, 6
or jail, or has been allowed to leave a juvenile correctional facility, residential care 7
center for children and youth, inpatient facility, juvenile detention facility, or 8
juvenile portion of a county jail for a specified time period and is absent from the 9
facility, center, home, or jail for more than 12 hours after the expiration of the 10
specified period, the department of corrections
or county department having,
supervision over the juvenile,
may release the juvenile's name and 12
any information about the juvenile that is necessary for the protection of the public 13
or to secure the juvenile's return to the facility, center, home, or jail. The department 14of corrections
shall promulgate rules establishing guidelines for the release of the 15
juvenile's name or information about the juvenile to the public.
938.993 of the statutes is amended to read:
17938.993 Juvenile compact administrator. (1)
Under the interstate 18
compact on juveniles, the governor may designate an officer or employee of the 19
department of corrections
to be the compact administrator, who, acting jointly with 20
like officers of other party states, shall promulgate rules to carry out more effectively 21
the terms of the compact. The compact administrator shall serve subject to the 22
pleasure of the governor. If there is a vacancy in the office of compact administrator 23
or in the case of absence or disability, the functions shall be performed by the 24
secretary of corrections, or other employee designated by the secretary. The compact 25
administrator may cooperate with all departments, agencies,
and officers of and in
the government of this state and its political subdivisions in facilitating the proper 2
administration of the compact or of any supplementary agreement entered into by 3
The compact administrator shall determine for this state whether to receive 5
juvenile probationers, parolees,
and persons on extended supervision of other states 6
under s. 938.991 (7) and shall arrange for the supervision of each such probationer, 7
or person on extended supervision received, either by the department of
or by a person appointed to perform supervision service for the court 9
assigned to exercise jurisdiction under this chapter and ch. 48 for the county where 10
the juvenile is to reside, whichever is more convenient. Those persons shall in all 11
such cases make periodic reports to the compact administrator regarding the conduct 12
and progress of the juveniles.
938.994 of the statutes is amended to read:
14938.994 Supplementary agreements.
The department of corrections
enter into supplementary agreements with appropriate officials of other states 16
under s. 938.991 (10). If the supplementary agreement requires or contemplates the 17
use of any institution or facility of this state or the provision of any service by this 18
state, the supplementary agreement has no effect until approved by the department 19
or agency under whose jurisdiction the institution or facility is operated or which 20
shall be charged with the rendering of the service.
938.995 (2) of the statutes is amended to read:
In the case of an escapee or absconder under s. 938.991 (5) or (6), 23
if the juvenile is in the legal custody or under the supervision of the department, it 24of corrections, that department
shall bear the expense of his or her return; otherwise 25
the appropriate court shall, on petition of the person entitled to the juvenile's custody
or charged with his or her supervision, arrange for the transportation at the expense 2
of the county and order that the county reimburse the person, if any, who returns the 3
juvenile, for the person's actual and necessary expenses. In this subsection 4
"appropriate court" means the court which adjudged the juvenile to be delinquent or, 5
if the juvenile is under supervision for another state under s. 938.991 (7), then the 6
court assigned to exercise jurisdiction under this chapter and ch. 48 for the county 7
of the juvenile's residence during the supervision.
940.20 (2m) (title) of the statutes is amended to read:
(title) Battery to probation, extended supervision and parole
10agents, community supervision agents, and aftercare agents.
940.20 (2m) (a) 1m. of the statutes is created to read:
(a) 1m. "Community supervision agent" means any person 13
authorized by the department of corrections to exercise control over a juvenile on 14
940.20 (2m) (b) of the statutes is amended to read:
(b) Whoever intentionally causes bodily harm to a probation, 17
and parole agent, a community supervision agent,
or an 18
aftercare agent, acting in an official capacity and the person knows or has reason to 19
know that the victim is a probation, extended supervision and parole agent, a
20community supervision agent,
or an aftercare agent, by an act done without the 21
consent of the person so injured, is guilty of a Class H felony.
941.237 (1) (dm) of the statutes is amended to read:
(dm) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7)
946.42 (1) (a) 2. of the statutes is amended to read:
(a) 2. "Custody" does not include the constructive custody of a 2
probationer, parolee, or person on extended supervision by the department of 3
corrections or a probation, extended supervision, or parole agent or, subject to s.
4938.533 (3) (a),
the constructive custody of a person who has been released to 5community supervision or
aftercare supervision under ch. 938.
946.42 (3) (c) of the statutes is amended to read:
(c) Subject to a disposition under s. 938.34 (4d), (4h),
or (4m), to a 8
placement under s. 938.357 (4) or 938.533 (3) (a),
or to community supervision or 9
aftercare revocation under s. 938.357 (5) (e).
961.385 (1) (a) of the statutes is created to read:
(a) "Administer" has the meaning given in s. 450.01 (1).
961.385 (1) (ac) of the statutes is created to read:
(ac) "Board" means the controlled substances board.
961.385 (1) (aj) of the statutes is created to read:
(aj) "Patient" means an individual for whom a monitored 16
prescription drug is prescribed or to whom a monitored prescription drug is 17
dispensed or administered.
961.385 (1) (aL) of the statutes is created to read:
(aL) "Pharmacist" means a person licensed by the pharmacy 20
examining board under s. 450.03 or 450.05 or licensed in another state and 21
recognized by this state as a person authorized to engage in the practice of pharmacy 22
in the state in which the person is licensed.
961.385 (1) (an) of the statutes is created to read:
(an) "Pharmacy" means a place of practice licensed under s. 450.06 25
961.385 (1) (b) of the statutes is created to read:
(b) "Prescription order" means an order transmitted orally, 3
electronically, or in writing by a practitioner for a monitored prescription drug for a 4
973.0455 of the statutes is created to read:
6973.0455 Crime prevention funding board surcharge. (1)
If a court in a 7
county that has established a crime prevention funding board under s. 59.54 (28) 8
imposes a sentence or places a person on probation, the court shall impose a crime 9
prevention funding board surcharge. The surcharge is the total amount calculated 10
by adding up, for each misdemeanor or felony count on which a conviction occurred, 11
After the clerk determines the amount due, the clerk of court shall collect 13
and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county 14
treasurer shall then distribute the moneys under s. 59.25 (3) (gm).
973.05 (2m) (rv) of the statutes is created to read:
(rv) To payment of the crime prevention funding board surcharge 17
until paid in full.
973.05 (3) (a) of the statutes is amended to read:
(a) In lieu of part or all of a fine imposed by a court, the court may 20
stay the execution of part or all of the sentence and provide that the defendant 21
perform community service work under pars. (b) and (c). Any applicable driver 22
improvement surcharge under s. 346.655, any safe ride program surcharge under s.
or any domestic abuse surcharge under s. 973.055 shall be imposed under 24
ch. 814 regardless of whether part or all of the sentence has been stayed. If the 25
defendant fails to comply with the community service order, the court shall order the
defendant brought before the court for imposition of sentence. If the defendant 2
complies with the community service order, he or she has satisfied that portion of the 3
973.06 (1) (j) of the statutes is amended to read:
(j) If the defendant violated s. 23.33 (4c), 30.681, 114.09,
350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement 7
agency for the withdrawal of the defendant's blood, except that the court may not 8
impose on the defendant any cost for an alternative test provided free of charge as 9
described in s. 343.305 (4). If at the time the court finds that the defendant 10
committed the violation, the law enforcement agency has not paid or been charged 11
with the costs of withdrawing the person's blood, the court shall impose and collect 12
the costs the law enforcement agency reasonably expects to be charged for the 13
withdrawal, based on the current charges for this procedure. Notwithstanding sub. 14
(2), the court may not remit these costs.
978.01 (2) (a) of the statutes is renumbered 978.01 (2) and 16
amended to read:
978.01 (2) Except as provided in par. (b), each Each
district attorney serves on 18
a full-time basis.
978.01 (2) (b) of the statutes is repealed.
978.03 (1) of the statutes is amended to read:
The district attorney of any prosecutorial unit having a population 22
of 500,000 or more may appoint 5 7
deputy district attorneys and such assistant 23
district attorneys as may be requested by the department of administration and 24
authorized in accordance with s. 16.505. The district attorney shall rank the deputy 25
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 2
district attorney's direction. In the absence or disability of the district attorney, the 3
deputies, according to rank, may perform any act required by law to be performed 4
by the district attorney. Any such deputy must have practiced law in this state for 5
at least 2 years prior to appointment under this section.
978.045 (1r) (intro.) of the statutes is amended to read:
(intro.) Any judge of a court of record, by an order entered in the 8
record stating the cause for it, may appoint an attorney as a special prosecutor to 9
perform, for the time being, or for the trial of the accused person, the duties of the 10
district attorney. An attorney appointed under this subsection shall have all of the 11
powers of the district attorney. The judge may appoint an attorney as a special 12
prosecutor at the request of a district attorney to assist the district attorney in the 13
prosecution of persons charged with a crime, in grand jury proceedings or John Doe 14
proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The 15
judge may appoint an attorney as a special prosecutor only
if the judge or the
16requesting district attorney submits an affidavit to the department of
17administration attesting that
any of the following conditions exists:
978.045 (1r) (bm) of the statutes is created to read:
(bm) The district attorney, or a deputy or assistant district 20
attorney for the district attorney office, is on parental leave.
978.045 (1r) (e) of the statutes is amended to read:
(e) The district attorney is physically
unable to attend to his or her 23
duties due to a health issue
or has a mental incapacity that impairs his or her ability 24
to substantially perform his or her duties.
978.045 (2) (a), (b) and (c) of the statutes are consolidated, 2
renumbered 978.045 (2) and amended to read:
978.045 (2) The If the department of administration approves the appointment
4of a special prosecutor under sub. (1r), the
court shall fix the amount of compensation 5
for any the
as a special prosecutor under sub. (1r)
according to 6
the rates specified in s. 977.08 (4m) (b). (b)
The department of administration shall 7
pay the compensation ordered by the court from the appropriation under s. 20.475 8
(1) (d). (c)
The court, district attorney,
and the special prosecutor shall provide any 9
information regarding a payment under par. (b)
that the 10
department requests. Any payment under this subsection earns interest on the
11balance due from the 121st day after receipt of a properly completed invoice or receipt
12and acceptance of the property or service under the order or contract, whichever is
13later, at the rate specified in s. 71.82 (1) (a) compounded monthly.
978.05 (6) (a) of the statutes is amended to read:
(a) Institute, commence or appear in all civil actions or special 16
proceedings under and perform the duties set forth for the district attorney under ch. 17
980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36,
103.50 (8), 18
103.92 (4), 109.09, 343.305 (9) (a), 453.08,
806.05, 938.09, 938.18, 938.355 (6) (b) and 19
(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties 20
in connection with court proceedings in a court assigned to exercise jurisdiction 21
under chs. 48 and 938 as the judge may request and perform all appropriate duties 22
and appear if the district attorney is designated in specific statutes, including 23
matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this 24
paragraph limits the authority of the county board to designate, under s. 48.09 (5), 25
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 2
person to represent the interests of the public under s. 48.14 or 938.14.
978.06 (3) (a) of the statutes is amended to read:
(a) No district attorney, deputy district attorney or assistant district 5
attorney while in office may hold any judicial office. No full-time district attorney, 6
deputy district attorney or assistant district attorney may hold the office of or act as 7
corporation counsel or city, village or town attorney. A part-time
district attorney, 8
deputy district attorney or assistant district attorney may hold the office of or act as 9
corporation counsel or city, village or town attorney or otherwise serve as legal 10
counsel to any governmental unit.
978.06 (5) (a) of the statutes is amended to read:
(a) No full-time district attorney, deputy district attorney or 13
assistant district attorney may engage in a private practice of law, but he or she is 14
authorized to complete all civil cases, not in conflict with the interest of the county 15
or counties of his or her prosecutorial unit, in which he or she is counsel, pending in 16
court before he or she takes office. A part-time district attorney,
deputy district 17
attorney or assistant district attorney may engage in a private practice of law.
978.12 (1) (c) of the statutes is amended to read:
(c) Assistant district attorneys.
Assistant district attorneys shall be 20
employed outside the classified service. For purposes of salary administration, the 21director of the office administrator of the division
of state employment relations 22personnel management in the department of administration
shall establish one or 23
more classifications for assistant district attorneys in accordance with the 24
classification or classifications allocated to assistant attorneys general. Except as 25
provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district
attorneys shall be established and adjusted in accordance with the state 2
compensation plan for assistant attorneys general whose positions are allocated to 3
the classification or classifications established by the director of the office 4administrator of the division
of state employment relations personnel management
5in the department of administration
[2013 Wisconsin Act 20
] Section 9252 (1) (a) (intro.) Notwithstanding 2011
10Wisconsin Act 32
, section 9255 (1) (c)
and (d), the secretary shall not lapse any money 11
from the agencies specified in those paragraphs during the 2013-15 fiscal biennium, 12
but shall instead lapse to the general fund from the unencumbered balances of 13
general purpose revenue and program revenue appropriations to the following 14
executive branch state agencies, other than sum sufficient appropriations and 15
appropriations of federal revenues, the following amounts in the 2013-14, 2014-15, 16and
2015-16, and 2016-17
[2013 Wisconsin Act 229
] Section 6 (1) This act takes effect on July 1, 2015 2017,
19and first applies to bad debts resulting from sales completed beginning on July 1,
Chapter Trans 75 of the administrative code is repealed.
0Nonstatutory provisions; Administration.
(3) State energy office.
In this subsection:
1. "Commission" means the public service commission.
2. "Department" means the department of administration.
3. "Office" means the state energy office in the division of energy services of the 3
(b) Assets and liabilities.
On the effective date of this paragraph, the assets and 5
liabilities of the department primarily relating to the office, as determined by the 6
secretary of administration, become the assets and liabilities of the commission.