SB21-SSA1,1371,97 (e) A legislator's privilege to prevent a personal staff member from disclosing
8a communication, record, or information under pars. (a) to (c) only applies with
9respect to the personal staff of that legislator.
SB21-SSA1,1371,11 10(3) Express waiver required. (a) A privilege under this section may be waived
11only by the express personal waiver of each legislator who may claim the privilege.
SB21-SSA1,1371,1512 (b) Disclosure of a communication, record, or information that is privileged
13under this section by any person to any other person, regardless of whether that
14disclosure is authorized by the legislator and including a disclosure under s. 13.97
15(2), shall not constitute a waiver.
SB21-SSA1,1371,1816 (c) A legislative staff member or former legislative staff member shall assert
17and may not waive a privilege under this section on behalf of a legislator who may
18claim the privilege.
SB21-SSA1,1371,21 19(4) Construction. Nothing in this section shall be construed to limit or restrict
20in any way a privilege or other protection available to a legislator under common law
21or any other law.
SB21-SSA1,4645b 22Section 4645b. 938.02 (4) of the statutes is amended to read:
SB21-SSA1,1372,223 938.02 (4) "Department" means the department of children and families,
24except that with respect to a juvenile who is under the supervision of the department

1of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4),
2"department" means
the department of corrections.
SB21-SSA1,4646b 3Section 4646b. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act
4.... (this act), is amended to read:
SB21-SSA1,1372,85 938.02 (4) "Department" means the department of children and families,
6except that with respect to a juvenile who is under the supervision of the department
7of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4),
8"department" means the department of corrections.
SB21-SSA1,4646c 9Section 4646c. 938.02 (6) of the statutes is amended to read:
SB21-SSA1,1372,1510 938.02 (6) "Foster home" means any facility that is operated by a person
11required to be licensed by s. 48.62 (1) and that provides care and maintenance for no
12more than 4 juveniles or, if necessary to enable a sibling group to remain together,
13for no more than 6 juveniles or, if the department of children and families
14promulgates rules permitting a different number of juveniles, for the number of
15juveniles permitted under those rules.
SB21-SSA1,4646e 16Section 4646e. 938.02 (7) of the statutes is amended to read:
SB21-SSA1,1372,1917 938.02 (7) "Group home" means any facility operated by a person required to
18be licensed by the department of children and families under s. 48.625 for the care
19and maintenance of 5 to 8 juveniles.
SB21-SSA1,4646h 20Section 4646h. 938.02 (10r) of the statutes is amended to read:
SB21-SSA1,1372,2321 938.02 (10r) "Juvenile detention facility" means a locked facility approved by
22the department of corrections under s. 301.36 for the secure, temporary holding in
23custody of juveniles.
SB21-SSA1,4646n 24Section 4646n. 938.02 (17) of the statutes is amended to read:
SB21-SSA1,1373,3
1938.02 (17) "Shelter care facility" means a nonsecure place of temporary care
2and physical custody for juveniles, including a holdover room, licensed by the
3department of children and families under s. 48.66 (1) (a).
SB21-SSA1,4646q 4Section 4646q. 938.02 (19r) of the statutes is amended to read:
SB21-SSA1,1373,95 938.02 (19r) "Type 2 residential care center for children and youth" means a
6residential care center for children and youth that is designated by the department
7of corrections to provide care and maintenance for juveniles who have been placed
8in the residential care center for children and youth under the supervision of a county
9department under s. 938.34 (4d).
SB21-SSA1,4647 10Section 4647. 938.06 (4) of the statutes is amended to read:
SB21-SSA1,1373,1911 938.06 (4) State aid. State aid to any county for juvenile delinquency-related
12court services under this section shall be at the same net effective rate that each
13county is reimbursed for county administration under s. 48.569, except as provided
14in s. 301.26 48.526. Counties having a population of less than 750,000 may use funds
15received under ss. 48.569 (1) (d) and 301.26 48.526, including county or federal
16revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for
17the cost of providing court attached intake services in amounts not to exceed 50
18percent of the cost of providing court attached intake services or $30,000 per county
19per calendar year, whichever is less.
SB21-SSA1,4648b 20Section 4648b. 938.069 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,1373,2321 938.069 (1) Duties. (intro.) Subject to sub. (2), the staff of the department of
22corrections
, the court, a county department, or a licensed child welfare agency
23designated by the court to carry out the objectives of this chapter shall:
SB21-SSA1,4648bm 24Section 4648bm. 938.069 (1) (intro.) of the statutes, as affected by 2015
25Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1374,5
1938.069 (1) Duties. (intro.) The staff of the department of corrections shall
2provide community supervision services for juveniles as provided in s. 938.533.

3Subject to sub. (2), the staff of the department of corrections, the court, a county
4department, or a licensed child welfare agency designated by the court to carry out
5the objectives of this chapter shall:
SB21-SSA1,4648c 6Section 4648c. 938.069 (2) of the statutes is amended to read:
SB21-SSA1,1374,97 938.069 (2) Agency approval needed. Licensed child welfare agencies and the
8department of corrections shall provide services under this section only upon the
9approval of the agency from whom services are requested.
SB21-SSA1,4648f 10Section 4648f. 938.08 (3) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1374,1611 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub.
12(2), department personnel of the department of corrections designated by the that
13department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and
14designated by agreement between the agency and the department of corrections
15have the power of law enforcement authorities to take a juvenile into physical
16custody under the following conditions:
SB21-SSA1,4648t 17Section 4648t. 938.183 (3) of the statutes is amended to read:
SB21-SSA1,1374,2518 938.183 (3) Placement in state prison; parole. When a juvenile who is subject
19to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age
20of 17 years, the department of corrections may place the juvenile in a state prison
21named in s. 302.01, except that the that department may not place any person under
22the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A
23juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2),
242003 stats., for an act committed before December 31, 1999, is eligible for parole
25under s. 304.06.
SB21-SSA1,4648v
1Section 4648v. 938.185 (2m) of the statutes is created to read:
SB21-SSA1,1375,42 938.185 (2m) Extended out-of-home care. Venue for a proceeding under s.
3938.366 (3) (am) shall be in the county where the most recent order specified in s.
4938.366 (1) (a) was issued.
SB21-SSA1,4649b 5Section 4649b. 938.19 (1) (d) 6. of the statutes is amended to read:
SB21-SSA1,1375,116 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered
7supervision or aftercare supervision administered by the department of corrections
8or a county department, a condition of the juvenile's placement in a Type 2 juvenile
9correctional facility or a Type 2 residential care center for children and youth, or a
10condition of the juvenile's participation in the intensive supervision program under
11s. 938.534.
SB21-SSA1,4649bm 12Section 4649bm. 938.19 (1) (d) 6. of the statutes, as affected by 2015
13Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1375,1914 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered
15supervision, community supervision, or aftercare supervision administered by the
16department of corrections or a county department,
; a condition of the juvenile's
17placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
18for children and youth,; or a condition of the juvenile's participation in the intensive
19supervision program under s. 938.534.
SB21-SSA1,4650b 20Section 4650b. 938.20 (2) (cm) of the statutes is amended to read:
SB21-SSA1,1376,221 938.20 (2) (cm) If the juvenile has violated a condition of aftercare supervision
22administered by the department of corrections or a county department, a condition
23of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
24residential care center for children and youth, or a condition of the juvenile's
25participation in the intensive supervision program under s. 938.534, the person who

1took the juvenile into custody may release the juvenile to the department of
2corrections
or county department, whichever has supervision over the juvenile.
SB21-SSA1,4650bm 3Section 4650bm. 938.20 (2) (cm) of the statutes, as affected by 2015 Wisconsin
4Act .... (this act), is amended to read:
SB21-SSA1,1376,125 938.20 (2) (cm) If the juvenile has violated a condition of community
6supervision or
aftercare supervision administered by the department of corrections
7or a county department
, a condition of the juvenile's placement in a Type 2 juvenile
8correctional facility or a Type 2 residential care center for children and youth, or a
9condition of the juvenile's participation in the intensive supervision program under
10s. 938.534, the person who took the juvenile into custody may release the juvenile to
11the department of corrections or county department, whichever has supervision over
12the juvenile.
SB21-SSA1,4651b 13Section 4651b. 938.20 (7) (c) 1m. of the statutes is amended to read:
SB21-SSA1,1376,2014 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of
15aftercare supervision administered by the department of corrections or a county
16department, a condition of the juvenile's placement in a Type 2 juvenile correctional
17facility or a Type 2 residential care center for children and youth, or a condition of
18the juvenile's participation in the intensive supervision program under s. 938.534,
19to the department of corrections or county department, whichever has supervision
20of the juvenile.
SB21-SSA1,4651bm 21Section 4651bm. 938.20 (7) (c) 1m. of the statutes, as affected by 2015
22Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1377,423 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of
24community supervision or aftercare supervision administered by the department of
25corrections or a county department
, a condition of the juvenile's placement in a Type

12 juvenile correctional facility or a Type 2 residential care center for children and
2youth, or a condition of the juvenile's participation in the intensive supervision
3program under s. 938.534, to the department of corrections or county department,
4whichever has supervision of the juvenile.
SB21-SSA1,4652b 5Section 4652b. 938.20 (8) (c) of the statutes is amended to read:
SB21-SSA1,1377,146 938.20 (8) (c) If a juvenile who has violated a condition of aftercare supervision
7administered by the department of corrections or a county department, a condition
8of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
9residential care center for children and youth, or a condition of the juvenile's
10participation in the intensive supervision program under s. 938.534 is held in
11custody, the intake worker shall also notify the department of corrections or county
12department, whichever has supervision over the juvenile, of the reasons for holding
13the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the
14detention hearing required under s. 938.21.
SB21-SSA1,4652bm 15Section 4652bm. 938.20 (8) (c) of the statutes, as affected by 2015 Wisconsin
16Act .... (this act), is amended to read:
SB21-SSA1,1377,2517 938.20 (8) (c) If a juvenile who has violated a condition of community
18supervision or
aftercare supervision administered by the department of corrections
19or a county department
, a condition of the juvenile's placement in a Type 2 juvenile
20correctional facility or a Type 2 residential care center for children and youth, or a
21condition of the juvenile's participation in the intensive supervision program under
22s. 938.534 is held in custody, the intake worker shall also notify the department of
23corrections or county department, whichever has supervision over the juvenile, of the
24reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the
25time and place of the detention hearing required under s. 938.21.
SB21-SSA1,4653b
1Section 4653b. 938.205 (1) (c) of the statutes is amended to read:
SB21-SSA1,1378,92 938.205 (1) (c) That the juvenile will run away or be taken away so as to be
3unavailable for proceedings of the court or its officers, proceedings of the division of
4hearings and appeals in the department of administration for revocation of aftercare
5supervision, or action by the department of corrections or county department
6relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile
7correctional facility or a Type 2 residential care center for children and youth or a
8condition of the juvenile's participation in the intensive supervision program under
9s. 938.534.
SB21-SSA1,4653bm 10Section 4653bm. 938.205 (1) (c) of the statutes, as affected by 2015 Wisconsin
11Act .... (this act), is amended to read:
SB21-SSA1,1378,1912 938.205 (1) (c) That the juvenile will run away or be taken away so as to be
13unavailable for proceedings of the court or its officers, proceedings of the division of
14hearings and appeals in the department of administration for revocation of
15community supervision or aftercare supervision, or action by the department of
16corrections or county department relating to a violation of a condition of the juvenile's
17placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
18for children and youth or a condition of the juvenile's participation in the intensive
19supervision program under s. 938.534.
SB21-SSA1,4654b 20Section 4654b. 938.208 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,1379,821 938.208 (1) Delinquent act and risk of harm or running away. (intro.)
22Probable cause exists to believe that the juvenile has committed a delinquent act and
23either presents a substantial risk of physical harm to another person or a substantial
24risk of running away so as to be unavailable for a court hearing, a revocation of
25aftercare supervision hearing, or action by the department of corrections or county

1department relating to a violation of a condition of the juvenile's placement in a Type
22 juvenile correctional facility or a Type 2 residential care center for children and
3youth or a condition of the juvenile's participation in the intensive supervision
4program under s. 938.534. For juveniles who have been adjudged delinquent, the
5delinquent act referred to in this section may be the act for which the juvenile was
6adjudged delinquent. If the intake worker determines that any of the following
7conditions applies, the juvenile is considered to present a substantial risk of physical
8harm to another person:
SB21-SSA1,4654bm 9Section 4654bm. 938.208 (1) (intro.) of the statutes, as affected by 2015
10Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1379,2311 938.208 (1) Delinquent act and risk of harm or running away. (intro.)
12Probable cause exists to believe that the juvenile has committed a delinquent act and
13either presents a substantial risk of physical harm to another person or a substantial
14risk of running away so as to be unavailable for a court hearing, a revocation of
15community supervision or aftercare supervision hearing, or action by the
16department of corrections or county department relating to a violation of a condition
17of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
18residential care center for children and youth or a condition of the juvenile's
19participation in the intensive supervision program under s. 938.534. For juveniles
20who have been adjudged delinquent, the delinquent act referred to in this section
21may be the act for which the juvenile was adjudged delinquent. If the intake worker
22determines that any of the following conditions applies, the juvenile is considered to
23present a substantial risk of physical harm to another person:
SB21-SSA1,4654c 24Section 4654c. 938.209 (1) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1380,3
1938.209 (1) (a) (intro.) There is no No other juvenile detention facility approved
2by the department of corrections or a county which is available and all of the
3following conditions are met:
SB21-SSA1,4654cd 4Section 4654cd. 938.209 (1) (a) 1. of the statutes is amended to read:
SB21-SSA1,1380,65 938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities
6established by the department of corrections.
SB21-SSA1,4654cg 7Section 4654cg. 938.209 (2m) (a) 1. of the statutes is amended to read:
SB21-SSA1,1380,98 938.209 (2m) (a) 1. The department of corrections has approved the municipal
9lockup facility as a suitable place for holding juveniles in custody.
SB21-SSA1,4654cm 10Section 4654cm. 938.209 (2m) (b) of the statutes is amended to read:
SB21-SSA1,1380,1511 938.209 (2m) (b) The department of corrections shall promulgate rules
12establishing minimum requirements for the approval of a municipal lockup facility
13as a suitable place for holding juveniles in custody and for the operation of such a
14facility. The rules shall be designed to protect the health, safety , and welfare of the
15juveniles held in those facilities.
SB21-SSA1,4654e 16Section 4654e. 938.22 (2) (b) of the statutes is amended to read:
SB21-SSA1,1380,2417 938.22 (2) (b) If the department of corrections approves, a juvenile detention
18facility or a holdover room may be located in a public building in which there is a jail
19or other facility for the detention of adults if the juvenile detention facility or
20holdover room is physically segregated from the jail or other facility so that juveniles
21may enter the juvenile detention facility or holdover room without passing through
22areas where adults are confined and juveniles detained in the juvenile detention
23facility or holdover room cannot communicate with or view adults confined in the jail
24or other facility.
SB21-SSA1,4654ed 25Section 4654ed. 938.22 (2) (c) of the statutes is amended to read:
SB21-SSA1,1381,14
1938.22 (2) (c) A shelter care facility may be used for the temporary care of
2children taken into custody under s. 48.19, in need of transitional placements in
3emergency situations under s. 48.357 (2m), or placed in the shelter care facility by
4order of the court under ch. 48 and of juveniles taken into custody under s. 938.19,
5in need of transitional placements in emergency situations under s. 938.357 (2m), or
6placed in the shelter care facility by order of the court under this chapter, except that
7on the request of a person licensed to operate a shelter care facility the department
8of children and families may permit that shelter care facility to be used for voluntary
9placements under s. 48.63 (1) (b). The department of children and families shall
10review such a request based on the needs of children and juveniles in the area served
11by the shelter care facility and the services provided by the shelter care facility and
12may approve the request if it determines that the services provided by the shelter
13care facility would meet those needs. A shelter care facility, other than a holdover
14room, may not be in the same building as a facility for the detention of adults.
SB21-SSA1,4654ep 15Section 4654ep. 938.22 (7) (a) of the statutes is amended to read:
SB21-SSA1,1381,2216 938.22 (7) (a) No person may establish a shelter care facility without first
17obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to
18operate a shelter care facility, a person must meet the minimum requirements for a
19license established by the department of children and families under s. 48.67, meet
20the requirements specified in s. 48.685, and pay the license fee under par. (b). A
21license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until
22revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
SB21-SSA1,4654er 23Section 4654er. 938.22 (7) (b) of the statutes is amended to read:
SB21-SSA1,1382,624 938.22 (7) (b) Except as provided in par. (d), before the department of children
25and families
may issue a license under s. 48.66 (1) (a) to operate a shelter care facility,

1the shelter care facility shall pay to that department a biennial fee of $60.50, plus
2a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter
3care facility is licensed to serve. A shelter care facility that wishes to continue a
4license issued under s. 48.66 (1) (a) shall pay the fee by the continuation date of the
5license. A new shelter care facility shall pay the fee by no later than 30 days before
6the opening of the shelter care facility.
SB21-SSA1,4654fd 7Section 4654fd. 938.222 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,1382,128 938.222 (2) (a) 1. That the private juvenile detention facility meet or exceed the
9minimum requirements for the approval and operation of a juvenile detention
10facility established by the department of corrections by rule under s. 938.22 (2) (a)
11and that the private juvenile detention facility be approved by the department under
12s. 301.36.
SB21-SSA1,4654fn 13Section 4654fn. 938.222 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,1382,1614 938.222 (2) (b) 3. An agreement that the private juvenile detention facility is
15subject to investigation and inspection by the department of corrections under s.
16301.36.
SB21-SSA1,4654fp 17Section 4654fp. 938.222 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,1382,2018 938.222 (2) (b) 4. Any other matters that are necessary and appropriate
19concerning the obligations, responsibilities, and rights of the contracting counties
20and the department of corrections.
SB21-SSA1,4654hd 21Section 4654hd. 938.223 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,1383,222 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed
23the minimum requirements for the approval and operation of a Wisconsin juvenile
24detention facility established by the department of corrections by rule under s.

1938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the
2department under s. 301.36.
SB21-SSA1,4654hn 3Section 4654hn. 938.223 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,1383,64 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility
5is subject to investigation and inspection by the department of corrections under s.
6301.36.
SB21-SSA1,4654hp 7Section 4654hp. 938.223 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,1383,108 938.223 (2) (b) 4. Any other matters that are necessary and appropriate
9concerning the obligations, responsibilities, and rights of the contracting counties
10and the department of corrections.
SB21-SSA1,4654id 11Section 4654id. 938.224 (1) of the statutes is amended to read:
SB21-SSA1,1383,1712 938.224 (1) Uses of facilities. The county board of supervisors of a county may
13contract with the department of corrections for the use of a juvenile correctional
14facility operated by the that department for the holding of juveniles who meet the
15criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject
16to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355
17(6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
SB21-SSA1,4654if 18Section 4654if. 938.224 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,1383,2119 938.224 (2) (a) 1. There is no county-operated juvenile detention facility
20approved by the department of corrections within 40 miles of the county seat of the
21county.
Loading...
Loading...