AB953: Bill Text

AB953,18,25 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency, the county department, or the department of corrections, order that agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, or parent skills training.

AB953,42 Section 42 . 938.34 (2) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,19,8 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency, or the county department, or the department of corrections, order that agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, or parent skills training.

AB953,43 Section 43. 938.34 (4m) (intro.) of the statutes is amended to read:

AB953,19,13 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the county department or the department of corrections if all of the following apply:

AB953,44 Section 44 . 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,19,19 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the county department or the department of corrections if all of the following apply:

AB953,45 Section 45 . 938.357 (3) of the statutes is renumbered 938.357 (3) (intro.) and amended to read:

AB953,20,9 938.357 (3) Placement in juvenile correctional facility. (intro.) Subject to subs. (4) (b) and, (c), and (d), and (5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met. Notwithstanding s. 938.34 (4m), the court may order placement in a Type 1 juvenile correctional facility, for a juvenile who was adjudicated delinquent under s. 938.34 (4m), if the court finds that all of the following apply:

AB953,46 Section 46 . 938.357 (3) (a) and (b) of the statutes are created to read:

AB953,20,13 938.357 (3) (a) The juvenile is placed at a secured residential care center for children and youth and his or her behavior presents a serious problem for the juvenile or others in the secured residential care center for children and youth.

AB953,20,15 (b) All other placement options have been exhausted, including placement in at least one other secured residential care center for children and youth, if available.

AB953,47 Section 47 . 938.357 (4) (title) of the statutes is repealed and recreated to read:

AB953,20,17 938.357 (4) (title) Change in placement without a hearing.

AB953,48 Section 48 . 938.357 (4) (a) of the statutes is renumbered 938.357 (4) (am) and amended to read:

AB953,21,14 938.357 (4) (am) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, that department shall reimburse the child welfare agency at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. If the department of corrections places a juvenile in a secured residential care center for children and youth under this paragraph, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.08. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB953,49 Section 49 . 938.357 (4) (ab) of the statutes is created to read:

AB953,21,18 938.357 (4) (ab) In this subsection, “operating entity” means either the county department or the child welfare agency, whichever entity operates a secured residential care center for children and youth.

AB953,50 Section 50 . 938.357 (4) (am) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,22,15 938.357 (4) (am) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, that department shall reimburse the child welfare agency at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. If the department of corrections places a juvenile in a secured residential care center for children and youth under this paragraph, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.09. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB953,51 Section 51 . 938.357 (4) (b) 1. of the statutes is amended to read:

AB953,22,24 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department of corrections and that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility or secured residential care center for children and youth under the supervision of the department, without a hearing under sub. (1) (am) 2.

AB953,52 Section 52. 938.357 (4) (b) 2. of the statutes is amended to read:

AB953,23,18 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department of corrections, and that . The county department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department of corrections secured residential care center for children and youth, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 49.343, and that child welfare agency shall reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.

AB953,53 Section 53. 938.357 (4) (b) 4. of the statutes is amended to read:

AB953,23,22 938.357 (4) (b) 4. A juvenile may seek review of a decision of the department of corrections or the county department under subd. 1. or 2. only by the common law writ of certiorari.

AB953,54 Section 54 . 938.357 (4) (c) 1. of the statutes is amended to read:

AB953,24,7 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under par. (a) (am) and it appears that a less restrictive placement would be appropriate for the juvenile, the department of corrections, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department of corrections, in the manner provided in s. 49.343.

AB953,55 Section 55 . 938.357 (4) (d) of the statutes is created to read:

AB953,25,2 938.357 (4) (d) 1. If a juvenile under the supervision of the department of corrections is placed in a secured residential care center for children and youth and the juvenile's behavior presents a serious problem for the juvenile or others in the secured residential care center for children and youth, the operating entity shall notify the department of corrections and the department of corrections, after consulting with the operating entity, may place the juvenile in a secured residential care center for children and youth that offers more appropriate care and services without a hearing under sub. (1) (am) 2. if the receiving operating entity agrees. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a secured residential care center for children and youth under this subdivision, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.08. A juvenile who is placed in a secured residential care center for children and youth under this subdivision remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB953,25,19 2. If a juvenile under the supervision of a county department is placed in a secured residential care center for children and youth and the juvenile's behavior presents a serious problem for the juvenile or others in the secured residential care center for children and youth, the supervising county department, after consulting with the operating entity, may transfer the juvenile to a different secured residential care center for children and youth that offers more appropriate care and services without a hearing under sub. (1) (am) 2. if the receiving operating entity agrees. The supervising county department shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If a county department places a juvenile in a secured residential care center for children and youth under this subdivision, the county department shall contract with the operating entity for the care and services provided. If a county department places a juvenile in a secured residential care center for children and youth under this subdivision, the juvenile remains under the supervision of the placing county department, remains subject to the rules and discipline of that county department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB953,25,21 3. A juvenile may seek review of a decision by the department of corrections or county department under subd. 1. or 2. only by the common law writ of certiorari.

AB953,56 Section 56. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act 55, section 4671bm, is amended to read:

AB953,26,4 938.357 (4m) Release to community supervision or aftercare supervision. The department of corrections shall try to release a juvenile to community supervision or and the county department shall try to release a juvenile to aftercare supervision under sub. (4) within 30 days after the date on which that the department of corrections or county department determines the juvenile is eligible for the release.

AB953,57 Section 57 . 938.48 (3) of the statutes is amended to read:

AB953,26,11 938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

AB953,58 Section 58 . 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,26,19 938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

AB953,59 Section 59 . 938.48 (4) of the statutes is amended to read:

AB953,27,9 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB953,60 Section 60 . 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,27,25 938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB953,61 Section 61. 938.48 (4m) (b) of the statutes is amended to read:

AB953,28,3 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.

AB953,62 Section 62 . 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,28,7 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.

AB953,63 Section 63 . 938.48 (5) of the statutes is amended to read:

AB953,28,12 938.48 (5) Moral and religious training. Provide for the moral and religious training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's parents.

AB953,64 Section 64 . 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,28,18 938.48 (5) Moral and religious training. Provide for the moral and religious training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's parents.

AB953,65 Section 65 . 938.48 (6) of the statutes is amended to read:

AB953,28,25 938.48 (6) Emergency surgery. Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) upon notification by a licensed physician or surgeon of the need for the surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

AB953,66 Section 66 . 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,29,8 938.48 (6) Emergency surgery. Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) upon notification by a licensed physician or surgeon of the need for the surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

AB953,67 Section 67 . 938.48 (14) of the statutes is amended to read:

AB953,29,17 938.48 (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial decision.

AB953,68 Section 68 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,30,2 938.48 (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial decision.

AB953,69 Section 69 . 938.485 (5) of the statutes is renumbered 938.485 (5) (a) and amended to read:

AB953,30,7 938.485 (5) (a) Establish and enforce standards for services under s. 938.183, 938.34, or 938.345, other than juvenile correctional services provided by the department of corrections.

AB953,70 Section 70 . 938.485 (5) (b) and (c) of the statutes are created to read:

AB953,30,12 938.485 (5) (b) The standards established by the department under par. (a) shall include monthly and annual reporting requirements by counties on population data, performance measures including recidivism, costs, and other appropriate data for secured residential care centers for children and youth.

AB953,30,16 (c) The department shall base the standards it establishes for services for juveniles in secured residential care centers for children and youth on the recommendations provided by the juvenile corrections study committee under section 90 (6) (c ) 1. of 2017 Wisconsin Act .... (this act).

AB953,71 Section 71. 938.49 (title) of the statutes is amended to read:

AB953,30,20 938.49 (title) Notification by court of placement with a county department or the department of corrections; transfer of reports and records.

AB953,72 Section 72. 938.49 (1) of the statutes is amended to read:

AB953,31,6 938.49 (1) Notice to county department or department of corrections of placement. When a court places a juvenile in a juvenile correctional facility under the supervision of a county department or the department of corrections or a secured residential care center for children and youth under the supervision of the department of corrections a county department, the court shall immediately notify that the county department or the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by that the county department or the department of corrections or deliver the juvenile to personnel of that the county department or the department of corrections.

AB953,73 Section 73. 938.49 (2) (intro.) of the statutes is amended to read:

AB953,31,12 938.49 (2) Transfer of court report and pupil records. (intro.) When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections or a county department, the court and all other public agencies shall immediately do all of the following:

AB953,74 Section 74 . 938.49 (2) (a) of the statutes is amended to read:

AB953,31,17 938.49 (2) (a) Transfer to the department of corrections or the county department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.

AB953,75 Section 75. 938.505 (1) of the statutes is amended to read:

AB953,32,3 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB953,76 Section 76 . 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,32,15 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n), or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB953,77 Section 77 . 938.52 (2) (a) and (c) of the statutes are amended to read:

AB953,33,2 938.52 (2) (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

AB953,33,5 (c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.

AB953,78 Section 78 . 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB953,33,17 938.52 (2) (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

AB953,33,20 (c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.

AB953,79 Section 79 . 938.53 of the statutes is amended to read:

AB953,34,3 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

AB953,80 Section 80 . 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953,34,12 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

AB953,81 Section 81. 938.535 of the statutes is amended to read:

AB953,34,22 938.535 Early release and intensive supervision program; limits. The department of corrections or a county department may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or, 938.34 (4m), or 938.357 (3). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

AB953,82 Section 82 . 938.539 (2) of the statutes is amended to read:

AB953,35,4 938.539 (2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) (am) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).