AB130-SSA1,355,1510
(e) Upon request of the department of corrections to review court records for
11the purpose of providing, under s. 980.015 (3) (a), the department of justice or a
12district attorney with a person's offense history, the court shall open for inspection
13by authorized representatives of the department of corrections the records of the
14court relating to any juvenile who has been adjudicated delinquent for a sexually
15violent offense, as defined in s. 980.01 (6).
AB130-SSA1,355,2516
(f) Upon request of the victim-witness coordinator to review court records for
17the purpose of enforcing rights under the constitution, this chapter and s. 950.04 and
18providing services under s. 950.05, the court shall open for inspection by the
19victim-witness coordinator the records of the court relating to the enforcement of
20those rights or the provision of those services. The victim-witness coordinator may
21use any information obtained under this paragraph only for the purpose of enforcing
22those rights and providing those services and may make that information available
23only as necessary to ensure that victims and witnesses of crimes, as defined in s.
24950.02 (1m), receive the rights and services to which they are entitled under the
25constitution, this chapter and ch. 950.
AB130-SSA1,356,3
1(fm) Upon request of a victim's insurer, the court shall disclose to an authorized
2representative of the requester the amount of restitution, if any, that the court has
3ordered a juvenile to make to the victim.
AB130-SSA1,356,9
4(2m) (a) Notwithstanding sub. (2), upon request, a court shall open for
5inspection by the requester the records of the court, other than reports under s.
6938.295 or 938.33 or other records that deal with sensitive personal information of
7the juvenile and the juvenile's family, relating to a juvenile who has been alleged to
8be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. The
9requester may further disclose the information to anyone.
AB130-SSA1,356,1710
(b) Notwithstanding sub. (2), upon request, a court shall open for inspection by
11the requester the records of the court, other than reports under s. 938.295 or 938.33
12or other records that deal with sensitive personal information of the juvenile and the
13juvenile's family, relating to a juvenile who has been alleged to be delinquent for
14committing a violation that would be a felony if committed by an adult if the juvenile
15has been adjudicated delinquent at any time preceding the present proceeding and
16that previous adjudication remains of record and unreversed. The requester may
17further disclose the information to anyone.
AB130-SSA1,356,21
18(3) This section does not apply to proceedings for violation of chs. 340 to 349
19and 351 or any county or municipal ordinance enacted under ch. 349, except that this
20section does apply to proceedings for violations of ss. 342.06 (2) and 344.48 (1), and
21ss. 30.67 (1) and 346.67 when death or injury occurs.
AB130-SSA1,357,3
22(4) When a court revokes, suspends or restricts a juvenile's operating privilege
23under this chapter, the department of transportation shall not disclose information
24concerning or relating to the revocation, suspension or restriction to any person other
25than a court, district attorney, county corporation counsel, city, village or town
1attorney, law enforcement agency, or the minor whose operating privilege is revoked,
2suspended or restricted, or his or her parent or guardian. Persons entitled to receive
3this information may not disclose the information to other persons or agencies.
AB130-SSA1,357,19
4(7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12)
5is filed alleging that a juvenile has committed a delinquent act that would be a felony
6if committed by an adult, the court clerk shall notify the school board of the school
7district in which the juvenile is enrolled or the school board's designee of the fact that
8the petition has been filed and the nature of the delinquent act alleged in the petition.
9Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged
10delinquent, within 5 days after the date on which the dispositional order is entered,
11the court clerk shall notify the school board of the school district in which the juvenile
12is enrolled or the school board's designee of the fact that the juvenile has been
13adjudicated delinquent, the nature of the violation committed by the juvenile and the
14disposition imposed on the juvenile under s. 938.34 as a result of that violation.
15Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional
16order under s. 938.355 (2) (b) 7., within 5 days after the date on which the
17dispositional order is entered, the court clerk shall notify the school board of the
18school district in which the juvenile is enrolled or the school board's designee of the
19fact that the juvenile's school attendance is a condition of a dispositional order.
AB130-SSA1,358,320
(b) If a juvenile is found to have committed a delinquent act at the request of
21or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
22a felony under ch. 161 or under chs. 939 to 948 if committed by an adult and is
23adjudged delinquent on that basis, within 5 days after the date on which the
24dispositional order is entered the court clerk shall notify the school board of the
25school district in which the juvenile is enrolled or the school board's designee of the
1fact that the juvenile has been adjudicated delinquent on that basis, the nature of
2the violation committed by the juvenile and the disposition imposed on the juvenile
3under s. 938.34 as a result of that violation.
AB130-SSA1,358,144
(bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par.
5(a) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional
6order is enrolled in a different school district from the school district in which the
7juvenile is enrolled at the time of the dispositional order, the court clerk, within 5
8days after the date on which the dispositional order is entered, shall provide the
9school board of the juvenile's new school district or the school board's designee with
10the information specified in par. (a) or (b), whichever is applicable, and, in addition,
11shall notify that school board or designee of whether the juvenile has been
12adjudicated delinquent previously by that court, the nature of any previous
13violations committed by the juvenile and the dispositions imposed on the juvenile
14under s. 938.34 as a result of those previous violations.
AB130-SSA1,359,715
(c) No information from the juvenile's court records, other than information
16disclosed under par. (a), (b) or (bm), may be disclosed to the school board of the school
17district in which the juvenile is enrolled or the school board's designee except by order
18of the court. Any information provided under this subsection to the school board of
19the school district in which the juvenile is enrolled or the school board's designee
20shall be disclosed by the school board or designee to employes of the school district
21who work directly with the juvenile or who have been determined by the school board
22or designee to have legitimate educational or safety interests in the information. A
23school district employe to whom information is disclosed under this paragraph shall
24not further disclose the information. A school board shall not use any information
25provided under this subsection as the sole basis for expelling or suspending a
1juvenile. A school board member or an employe of a school district may not be held
2personally liable for any damages caused by the nondisclosure of any information
3specified in this paragraph unless the member or employe acted with actual malice
4in failing to disclose the information. A school district may not be held liable for any
5damages caused by the nondisclosure of any information specified in this paragraph
6unless the school district or its agent acted with gross negligence or with reckless,
7wanton or intentional misconduct in failing to disclose the information.
AB130-SSA1,359,13
8(8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act
9that would be a felony if committed by an adult, the court clerk shall notify the
10department of justice of that fact. No other information from the juvenile's court
11records may be disclosed to the department of justice except by order of the court.
12The department of justice may disclose any information provided under this
13subsection only as part of a criminal history record search under s. 175.35 (2g) (c).
AB130-SSA1,359,1614
Subchapter IX
15
Jurisdiction over
16
persons 17 or older
AB130-SSA1,359,19
17938.44 Jurisdiction over persons 17 or older. The court has jurisdiction
18over persons 17 years of age or over as provided under ss. 938.355 (4) and 938.45 and
19as otherwise specifically provided in this chapter.
AB130-SSA1,360,2
20938.45 Orders applicable to adults. (1) (a) If in the hearing of a case of
21a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services
22under s. 938.13 it appears that any person 17 years of age or over has been guilty of
23contributing to, encouraging, or tending to cause by any act or omission, such
24condition of the juvenile, the court may make orders with respect to the conduct of
25such person in his or her relationship to the juvenile, including orders determining
1the ability of the person to provide for the maintenance or care of the juvenile and
2directing when, how and where funds for the maintenance or care shall be paid.
AB130-SSA1,360,73
(b) An act or failure to act contributes to a condition of a juvenile as described
4in s. 938.12 or 938.13, although the juvenile is not actually adjudicated to come
5within the provisions of s. 938.12 or 938.13, if the natural and probable consequences
6of that act or failure to act would be to cause the juvenile to come within the
7provisions of s. 938.12 or 938.13.
AB130-SSA1,360,15
8(1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent
9or has been found to be in need of protection or services under s. 938.13, the court may
10order the juvenile's parent, guardian or legal custodian to comply with any conditions
11determined by the court to be necessary for the juvenile's welfare. An order under
12this paragraph may include an order to participate in mental health treatment,
13anger management, individual or family counseling or parent training and
14education and to make a reasonable contribution, based on ability to pay, toward the
15cost of those services.
AB130-SSA1,360,1816
(b) A court may not order inpatient treatment under par. (a) for a juvenile's
17parent, guardian or legal custodian. All inpatient treatment commitments or
18admissions must be conducted in accordance with ch. 51.
AB130-SSA1,361,3
19(2) No order under sub. (1) (a) or (1m) (a) may be entered until the person who
20is the subject of the contemplated order is given an opportunity to be heard on the
21contemplated order. The court shall cause notice of the time, place and purpose of
22the hearing to be served on the person personally at least 10 days before the date of
23hearing. The procedure in these cases shall, as far as practicable, be the same as in
24other cases in the court. At the hearing the person may be represented by counsel
25and may produce and cross-examine witnesses. Any person who fails to comply with
1any order issued by a court under sub. (1) (a) or (1m) (a) may be proceeded against
2for contempt of court. If the person's conduct involves a crime, the person may be
3proceeded against under the criminal law.
AB130-SSA1,361,8
4(3) If it appears at a court hearing that any person 17 or older has violated s.
5948.40, the court shall refer the record to the district attorney for criminal
6proceedings as may be warranted in the district attorney's judgment. This
7subsection does not prevent prosecution of violations of s. 948.40 without the prior
8reference by the court to the district attorney, as in other criminal cases.
AB130-SSA1,361,109
SUBCHAPTER X
10
REHEARING AND APPEAL
AB130-SSA1,361,16
11938.46 New evidence. A
juvenile whose status is adjudicated by the court
12under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
13time within one year after the entering of the court's order petition the court for a
14rehearing on the ground that new evidence has been discovered affecting the
15advisability of the court's original adjudication. Upon a showing that such evidence
16does exist, the court shall order a new hearing.
AB130-SSA1,361,1817
SUBCHAPTER XI
18
AUTHORITY
AB130-SSA1,361,20
19938.48 Authority of department. The department may do all of the
20following:
AB130-SSA1,362,2
21(1) Promote the enforcement of the laws relating to delinquent juveniles and
22juveniles in need of protection or services and take the initiative in all matters
23involving the interests of such juveniles where adequate provision therefor is not
24made. This duty shall be discharged in cooperation with the courts, county
1departments and licensed child welfare agencies and with parents and other
2individuals interested in the welfare of juveniles.
AB130-SSA1,362,6
3(2) Assist in extending and strengthening juvenile welfare services with
4appropriate federal agencies and in conformity with the federal social security act
5and in cooperation with parents, other individuals and other agencies so that all
6juveniles needing such services are reached.
AB130-SSA1,362,11
7(3) Accept supervision over juveniles transferred to it by the court under s.
8938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4), and provide special treatment and
9care when directed by the court. Except as provided in s. 938.505 (2), a court may
10not direct the department to administer psychotropic medications to juveniles who
11receive special treatment or care under this subsection.
AB130-SSA1,362,23
12(4) Provide appropriate care and training for juveniles under its supervision
13under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those
14juveniles in their own homes, placing them in licensed foster homes or licensed
15treatment foster homes in accordance with s. 48.63 or licensed group homes,
16contracting for their care by licensed child welfare agencies or replacing them in
17juvenile correctional institutions or secured child caring institutions in accordance
18with rules promulgated under ch. 227, except that the department may not purchase
19the educational component of private day treatment programs for juveniles in its
20custody unless the department, the school board as defined in s. 115.001 (7) and the
21secretary of education all determine that an appropriate public education program
22is not available. Disputes between the department and the school district shall be
23resolved by the secretary of education.
AB130-SSA1,362,25
24(4m) Continue to provide appropriate care, training and services to any person
25who meets all of the following qualifications:
AB130-SSA1,363,1
1(a) Is at least 17 years of age.
AB130-SSA1,363,32
(b) Was under the supervision of the department under s. 938.183, 938.34 (4h),
3(4m) or (4n) or 938.357 (4) when the person reached 17 years of age.
AB130-SSA1,363,44
(c) Is less than 19 years of age.
AB130-SSA1,363,75
(d) Is determined by the department to be in need of care and services designed
6to fit such person for gainful employment and has requested and consented to receive
7such aid.
AB130-SSA1,363,10
8(5) Provide for the moral and religious training of a juvenile under its
9supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) according to the
10religious belief of the juvenile or of the juvenile's parents.
AB130-SSA1,363,16
11(6) Consent to emergency surgery under the direction of a licensed physician
12or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m)
13or (4n) or 938.357 (4) upon notification by a licensed physician or surgeon of the need
14for such surgery and if reasonable effort, compatible with the nature and time
15limitation of the emergency, has been made to secure the consent of the juvenile's
16parent or guardian.
AB130-SSA1,363,19
17(13) Promulgate rules for the payment of an allowance to juveniles in its
18institutions and a cash grant to a juvenile being discharged from its institutions or
19released to aftercare supervision.
AB130-SSA1,364,2
20(14) Pay maintenance, tuition and related expenses from the appropriation
21under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age
22were students regularly attending a school, college or university or regularly
23attending a course of vocational or technical training designed to fit them for gainful
24employment, and who when reaching that age were under the supervision of the
1department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result of
2a judicial decision.
AB130-SSA1,364,4
3(16) Establish and enforce standards for services provided under s. 938.183,
4938.34 or 938.345.
AB130-SSA1,364,11
5938.49 Notification by court of placement with department;
6information for department. (1) When the court places a juvenile in a secured
7correctional facility or secured child caring institution under the supervision of the
8department, the court shall immediately notify the department of that action. The
9court shall, in accordance with procedures established by the department, provide
10transportation for the juvenile to a receiving center designated by the department
11or deliver the juvenile to personnel of the department.
AB130-SSA1,364,18
12(2) When the court places a juvenile in a secured correctional facility or a
13secured child caring institution under the supervision of the department, the court
14and all other public agencies shall also immediately transfer to the department a
15copy of the report submitted to the court under s. 938.33 or, if the report was
16presented orally, a transcript of the report and all other pertinent data in their
17possession and shall immediately notify the juvenile's last school district in writing
18of its obligation under s. 118.125 (4).
AB130-SSA1,365,5
19938.50 Examination of juveniles under supervision of department. (1)
20The department shall examine every juvenile who is placed under its supervision to
21determine the type of placement best suited to the juvenile and to the protection of
22the public. This examination shall include an investigation of the personal and
23family history of the juvenile and his or her environment, any physical or mental
24examinations considered necessary to determine the type of placement that is
25necessary for the juvenile and the evaluation under s. 938.533 (2) to determine
1whether the juvenile is eligible for corrective sanctions supervision or serious
2juvenile offender supervision. A juvenile who is examined under this subsection
3shall be screened to determine whether the juvenile is in need of special treatment
4or care because of alcohol or other drug abuse, mental illness or severe emotional
5disturbance.
AB130-SSA1,365,8
6(2) In making this examination the department may use any facilities, public
7or private, that offer aid to it in the determination of the correct placement for the
8juvenile.
AB130-SSA1,365,17
9938.505 Juveniles placed under correctional supervision. (1) When a
10juvenile is placed under the supervision of the department under s. 938.183, 938.34
11(4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county
12department under s. 938.34 (4n), the department or county department having
13supervision over the juvenile shall have the right and duty to protect, train,
14discipline, treat and confine the juvenile and to provide food, shelter, legal services,
15education and ordinary medical and dental care for the juvenile, subject to the rights,
16duties and responsibilities of the guardian of the juvenile and subject to any residual
17parental rights and responsibilities and the provisions of any court order.
AB130-SSA1,366,5
18(2) (a) If a juvenile 14 years of age or over who is under the supervision of the
19department or a county department as described in sub. (1) and who is not residing
20in his or her home wishes to be administered psychotropic medication but a parent
21with legal custody or the guardian refuses to consent to the administration of
22psychotropic medication or cannot be found, or if there is no parent with legal
23custody, the department or county department acting on the juvenile's behalf may
24petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in
25the county in which the juvenile is located for permission to administer psychotropic
1medication to the juvenile. A copy of the petition and a notice of hearing shall be
2served upon the parent or guardian at his or her last-known address. If, after
3hearing, the court determines all of the following, the court shall grant permission
4for the department or county department to administer psychotropic medication to
5the juvenile without the parent's or guardian's consent:
AB130-SSA1,366,116
1. That the parent's or guardian's consent is unreasonably withheld or that the
7parent or guardian cannot be found or that there is no parent with legal custody,
8except that the court may not determine that a parent's or guardian's consent is
9unreasonably withheld solely because the parent or guardian relies on treatment by
10spiritual means through prayer for healing in accordance with his or her religious
11tradition.
AB130-SSA1,366,1412
2. That the juvenile is 14 years of age or over and is competent to consent to the
13administration of psychotropic medication and that the juvenile voluntarily
14consents to the administration of psychotropic medication.
AB130-SSA1,366,1815
3. Based on the recommendation of a physician, that the juvenile is in need of
16psychotropic medication, that psychotropic medication is appropriate for the
17juvenile's needs and that psychotropic medication is the least restrictive treatment
18consistent with the juvenile's needs.
AB130-SSA1,366,2219
(b) The court may, at the request of the department or county department,
20temporarily approve the administration of psychotropic medication, for not more
21than 10 days after the date of the request, pending the hearing on the petition, which
22shall be held within those 10 days.
AB130-SSA1,367,3
23938.51 Notification of release or escape of juvenile from correctional
24custody. (1) At least 15 days prior to the date of release of a juvenile from a secured
25correctional facility or a secured child caring institution and at least 15 days prior
1to the release of a juvenile from the supervision of the department or a county
2department, the department or county department having supervision over the
3juvenile shall do all of the following:
AB130-SSA1,367,54
(a) Notify all of the following local agencies in the community in which the
5juvenile will reside of the juvenile's return to the community:
AB130-SSA1,367,66
1. The law enforcement agencies.
AB130-SSA1,367,77
2. The school district.
AB130-SSA1,367,88
3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB130-SSA1,367,109
(b) Notify any known victim of an act for which the juvenile has been found
10delinquent of the juvenile's release, if all of the following apply:
AB130-SSA1,367,1111
2. The victim can be found.
AB130-SSA1,367,1212
3. The victim has sent in a request card under sub. (2).
AB130-SSA1,367,1613
(c) Notify, if the victim died as a result of the juvenile's delinquent act and if the
14criteria under par. (b) are met, an adult member of the victim's family or, if the victim
15is younger than 18 years old and if the criteria under par. (b) are met, the victim's
16parent or legal guardian.
AB130-SSA1,367,23
17(1m) The department or county department having supervision over a juvenile
18shall determine the local agencies that it will notify under sub. (1) (a) based on the
19residence of the juvenile's parents or on the juvenile's intended residence specified
20in the juvenile's aftercare supervision plan or, if those methods do not indicate the
21community in which the juvenile will reside following release from a secured
22correctional facility or from the supervision of the department or county department,
23the community in which the juvenile states that he or she intends to reside.
AB130-SSA1,368,3
1(1r) The notification under sub. (1) shall include only the juvenile's name, the
2date of the juvenile's release and the type of placement to which the juvenile is
3released.
AB130-SSA1,368,11
4(2) The department shall design and prepare cards for victims specified in sub.
5(1) (b) and (c) to send to the department or county department having supervision
6over the juvenile. The cards shall have space for these persons to provide their names
7and addresses and any other information that the department determines is
8necessary. The department shall provide the cards, without charge, to district
9attorneys. District attorneys shall provide the cards, without charge, to victims
10specified in sub. (1) (b) and (c). These persons may send completed cards to the
11department or county department having supervision over the juvenile.
AB130-SSA1,368,14
12(3) Timely release of a juvenile shall not be prejudiced by the fact that the
13department or county department having supervision over the juvenile did not notify
14the victims or the local agencies under sub. (1) within the 15 days.
AB130-SSA1,368,22
15(4) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after
16the department or county department having supervision over the juvenile discovers
17that escape, that department or county department shall make a reasonable effort
18to notify by telephone any known victim of the act for which the juvenile was found
19delinquent, if the criteria under sub. (1) (b) are met; an adult member of the victim's
20family, if the victim died as a result of the juvenile's delinquent act and if the criteria
21under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger
22than 18 years old and if the criteria under sub. (1) (b) are met.
AB130-SSA1,368,25
23938.52 Facilities for care of juveniles in care of department.
24(1) Facilities maintained or used for juveniles. The department may maintain or
25use the following facilities for juveniles in its care:
AB130-SSA1,369,1
1(a) Receiving homes to be used for the temporary care of juveniles.
AB130-SSA1,369,22
(b) Foster homes or treatment foster homes.
AB130-SSA1,369,33
(c) Group homes.
AB130-SSA1,369,64
(d) Institutions, facilities and services, including without limitation forestry or
5conservation camps for the training and treatment of juveniles 10 years of age or
6older who have been adjudged delinquent.
AB130-SSA1,369,107
(f) Other facilities deemed by the department to be appropriate for the juvenile,
8except that no state funds may be used for the maintenance of a juvenile in the home
9of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal
10funds to this state.
AB130-SSA1,369,19
11(2) Use of other facilities. (a) In addition to the facilities and services
12described in sub. (1), the department may use other facilities and services under its
13jurisdiction. The department may also contract for and pay for the use of other public
14facilities or private facilities for the care and treatment of juveniles in its care; but
15placement of juveniles in private or public facilities not under its jurisdiction does
16not terminate the supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
17(4) of the department. Placements in institutions for the mentally ill or
18developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.63 and
19938.34 (6) (am) and ch. 51.
AB130-SSA1,370,220
(b) Public facilities are required to accept and care for persons placed with them
21by the department in the same manner as they would be required to do had the legal
22custody of these persons been transferred by a court of competent jurisdiction.
23Nothing in this subsection shall be construed to require any public facility to serve
24the department inconsistently with its functions or with the laws and regulations
1governing their activities; or to give the department authority to use any private
2facility without its consent.
AB130-SSA1,370,53
(c) The department shall have the right to inspect all facilities it is using and
4to examine and consult with persons under its supervision under s. 938.183, 938.34
5(4h), (4m) or (4n) or 938.357 (4) who have been placed in that facility.
AB130-SSA1,370,7
6(4) Coeducational programs and institutions. The department may institute
7and maintain coeducational programs and institutions under this chapter.
AB130-SSA1,370,14
8938.53 Duration of control of department over delinquents. Except as
9provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
10been placed under the supervision of the department under s. 938.183, 938.34 (4m),
11(4h), or (4n) or 938.357 (4) shall be discharged as soon as the department determines
12that there is a reasonable probability that it is no longer necessary either for the
13rehabilitation and treatment of the juvenile or for the protection of the public that
14the department retain supervision.
AB130-SSA1,370,18
15938.532 Juvenile boot camp program. (1) Program. The department
16shall provide a juvenile boot camp program for juveniles who have been placed under
17the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357
18(4).
AB130-SSA1,370,21
19(2) Program eligibility. The department may place in the juvenile boot camp
20program any juvenile who has been placed under the supervision of the department
21under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4).
AB130-SSA1,370,25
22(3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a juvenile who has
23completed the juvenile boot camp program and who is released from a secured
24correctional facility shall be placed under aftercare supervision administered by the
25department.
AB130-SSA1,371,25
1938.533 Corrective sanctions. (2) Corrective sanctions program. From
2the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective
3sanctions program to serve an average daily population of 105 juveniles, or an
4average daily population of more that 105 juveniles if the appropriation under s.
520.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the
6program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties,
7including Milwaukee County. The juvenile offender review program in the
8department shall evaluate and select for participation in the program juveniles who
9have been placed under the supervision of the department under s. 938.183, 938.34
10(4h) or (4m) or 938.357 (4). The department shall place a program participant in the
11community, provide intensive surveillance of that participant and provide an
12average of $5,000 per year per slot to purchase community-based treatment services
13for each participant. The department shall make the intensive surveillance required
14under this subsection available 24 hours a day, 7 days a week, and may purchase or
15provide electronic monitoring for the intensive surveillance of program participants.
16The department shall provide a report center in Milwaukee County to provide
17on-site programming after school and in the evening for juveniles from Milwaukee
18County who are placed in the corrective sanctions program. A contact worker
19providing services under the program shall have a case load of approximately 10
20juveniles and, during the initial phase of placement in the community under the
21program of a juvenile who is assigned to that contact worker, shall have not less than
22one face-to-face contact per day with that juvenile. Case management services
23under the program shall be provided by a corrective sanctions agent who shall have
24a case load of approximately 15 juveniles. The department shall promulgate rules
25to implement the program.
AB130-SSA1,372,8
1(3) Institutional status. (a) A participant in the corrective sanctions program
2remains under the supervision of the department, remains subject to the rules and
3discipline of that department and is considered to be in custody, as defined in s.
4946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition
5of that juvenile's participation in the corrective sanctions program the department
6may, without a hearing, take the juvenile into custody and place the juvenile in a
7secured detention facility or return the juvenile to placement in a Type 1 secured
8correctional facility or a secured child caring institution.
AB130-SSA1,372,189
(b) The department shall operate the corrective sanctions program as a Type
102 secured correctional facility. The secretary may allocate and reallocate existing
11and future facilities as part of the Type 2 secured correctional facility. The Type 2
12secured correctional facility is subject to s. 46.03 (1). Construction or establishment
13of a Type 2 secured correctional facility shall be in compliance with all state laws
14except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13),
15construction or establishment of a Type 2 secured correctional facility is not subject
16to the ordinances or regulations relating to zoning, including zoning under ch. 91, of
17the county and city, village or town in which the construction or establishment takes
18place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.
AB130-SSA1,372,21
19(3m) Escape. If a juvenile runs away from the juvenile's placement in the
20community while participating in the corrective sanctions program, that juvenile is
21considered to have escaped in violation of s. 946.42 (3) (c).
AB130-SSA1,374,9
22938.534 Intensive supervision program. (1) A county department may
23provide an intensive supervision program for juveniles who have been adjudicated
24delinquent and ordered to participate in an intensive supervision program under s.
25938.34 (2r). A county department that provides an intensive supervision program
1shall purchase or provide intensive surveillance and community-based treatment
2services for participants in that program and may purchase or provide electronic
3monitoring for the intensive surveillance of program participants. A caseworker
4providing services under an intensive supervision program may have a case load of
5no more than 10 juveniles and shall have not less than one face-to-face contact per
6day with each juvenile who is assigned to that caseworker. Notwithstanding ss.
7938.19 to 938.21, but subject to any general written policies adopted by the court
8under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to
9the taking into custody and placement of a juvenile under this subsection, if a
10juvenile violates a condition of the juvenile's participation in the program, the
11juvenile's caseworker may, without a hearing, take the juvenile into custody and
12place the juvenile in a secure detention facility for not more than 72 hours while the
13alleged violation is being investigated, if at the dispositional hearing the court
14explained those conditions to the juvenile and informed the juvenile of the possibility
15of that placement or if before the violation the juvenile has acknowledged in writing
16that he or she has read, or has had read to him or her, those conditions and that
17possible placement and that he or she understands those conditions and that possible
18placement. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
19policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
20the county board relating to the taking into custody and placement of a juvenile
21under this subsection, the juvenile's caseworker may also, without a hearing, take
22the juvenile into custody and place the juvenile in a place of nonsecure custody for
23not more than 30 days as crisis intervention, if the juvenile is in need of crises
24intervention and, if at the dispositional hearing the court informed the juvenile of the
25possibility of that placement or if before the violation the juvenile has acknowledged
1in writing that he or she has read, or has had read to him or her, those conditions and
2that possible placement and that he or she understands those conditions and that
3possible placement. If the juvenile is held in a secure detention facility for longer
4than 72 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall
5be conducted in the manner provided in s. 938.21, except that the hearing shall be
6conducted within 72 hours, rather than 24 hours, after the end of the day that the
7decision to hold the juvenile was made and a written statement of the reasons for
8continuing to hold the juvenile in custody may be filed rather than a petition under
9s. 938.25.
AB130-SSA1,374,15
10(2) The department shall promulgate rules specifying the requirements for an
11intensive supervision program under this section. The rules shall include rules that
12govern the use of placement in a secure detention facility for not more than 72 hours
13while a violation of a condition of a juvenile's participation in the program is being
14investigated and the use of placement in a place of nonsecure custody for not more
15than 30 days as crisis intervention.
AB130-SSA1,374,22
16938.535 Early release and intensive supervision program; limits. The
17department may establish a program for the early release and intensive supervision
18of juveniles who have been placed in a secured correctional facility or a secured child
19caring institution under s. 938.183 or 938.34 (4m). The program may not include any
20juveniles who have been placed in a secured correctional facility or a secured child
21caring institution as a result of a delinquent act involving the commission of a violent
22crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
AB130-SSA1,374,23
23938.538 Serious juvenile offender program.
AB130-SSA1,375,2
24(2) Program administration and design. The department shall administer a
25serious juvenile offender program for juveniles who have been adjudicated
1delinquent and ordered to participate in the program under s. 938.34 (4h). The
2department shall design the program to provide all of the following:
AB130-SSA1,375,43
(a) Supervision, care and rehabilitation that is more restrictive than ordinary
4supervision in the community.
AB130-SSA1,375,55
(b) Component phases that are intensive and highly structured.
AB130-SSA1,375,86
(c) A series of component phases for each participant that is based on public
7safety considerations and the participant's need for supervision, care and
8rehabilitation.
AB130-SSA1,375,10
9(3) Component phases. (a) The department shall provide each participant with
10one or more of the following sanctions: