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 11938.46New 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 23938.52Facilities 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 15938.532Juvenile 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:
AB130-SSA1,375,1311 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a
12secured child caring institution or, if the participant is 17 years of age or over, a Type
131 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB130-SSA1,375,1914 1m. If the participant has been adjudicated delinquent for committing an act
15that would be a Class A felony if committed by an adult, placement in a Type 1
16secured correctional facility, a secured child caring institution or, if the participant
17is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the
18participant reaches 25 years of age, unless the participant is released sooner, subject
19to a mandatory minimum period of confinement of not less than one year.
AB130-SSA1,375,2120 1p. Alternate care, including placement in a foster home, treatment foster
21home, group home, child caring institution or secured child caring institution.
AB130-SSA1,375,2422 2. Intensive or other field supervision, including corrective sanctions
23supervision under s. 938.533, aftercare supervision or, if the participant is 17 years
24of age or over, intensive sanctions supervision under s. 301.048.
AB130-SSA1,375,2525 3. Electronic monitoring.
AB130-SSA1,376,1
14. Alcohol or other drug abuse outpatient treatment and services.
AB130-SSA1,376,22 5. Mental health treatment and services.
AB130-SSA1,376,33 6. Community service.
AB130-SSA1,376,44 7. Restitution.
AB130-SSA1,376,55 8. Transitional services for education and employment.
AB130-SSA1,376,66 9. Other programs as prescribed by the department.
AB130-SSA1,376,127 (b) The department may provide the sanctions under par. (a) in any order, may
8provide more than one sanction at a time and may return to a sanction that was used
9previously for a participant. Notwithstanding ss. 938.357, 938.363 and 938.533 (3),
10a participant is not entitled to a hearing regarding the department's exercise of
11authority under this subsection unless the department provides for a hearing by
12rule.
AB130-SSA1,376,25 13(4) Institutional status. (a) A participant in the serious juvenile offender
14program is under the supervision and control of the department, is subject to the
15rules and discipline of the department and is considered to be in custody, as defined
16in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a
17condition of his or her participation in the program under sub. (3) (a) 2. to 9. while
18placed in a Type 2 secured correctional facility the department may, without a
19hearing, take the participant into custody and return him or her to placement in a
20Type 1 secured correctional facility, a secured child caring institution or, if the
21participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any
22intentional failure of a participant to remain within the extended limits of his or her
23placement while participating in the serious juvenile offender program or to return
24within the time prescribed by the administrator of the division of intensive sanctions
25in the department is considered an escape under s. 946.42 (3) (c).
AB130-SSA1,377,11
1(b) The department shall operate the component phases of the program
2specified in sub. (3) (a) 2. to 9. as a Type 2 secured correctional facility. The secretary
3of corrections may allocate and reallocate existing and future facilities as part of the
4Type 2 secured correctional facility. The Type 2 secured correctional facility is subject
5to s. 301.02. Construction or establishment of a Type 2 secured correctional facility
6shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to
7the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured
8correctional facility is not subject to the ordinances or regulations relating to zoning,
9including zoning under ch. 91, of the county and city, village or town in which the
10construction or establishment takes place and is exempt from inspections required
11under s. 301.36.
AB130-SSA1,377,15 12(5) Transfers and discharge. (a) The parole commission may grant a
13participant parole under s. 304.06 at any time after the participant has completed
142 years of participation in the serious juvenile offender program. Parole supervision
15of the participant shall be provided by the department.
AB130-SSA1,377,1916 (b) The department may discharge a participant from participation in the
17serious juvenile offender program and from departmental supervision and control at
18any time after the participant has completed 3 years of participation in the serious
19juvenile offender program.
AB130-SSA1,377,2220 (c) Sections 938.357 and 938.363 do not apply to changes of placement and
21revisions of orders for a juvenile who is a participant in the serious juvenile offender
22program.
AB130-SSA1,378,6 23(6) Purchase of services. The department of corrections may contract with the
24department of health and social services, a county department or any public or
25private agency for the purchase of goods, care and services for participants in the

1serious juvenile offender program. The department of corrections shall reimburse
2a person from whom it purchases goods, care or services under this subsection from
3the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care
4or services are purchased is placed in a Type 1 prison, as defined s. 301.01 (5), or is
5under intensive sanctions supervision under s. 301.048, from the appropriate
6appropriation under s. 20.410 (1).
AB130-SSA1,378,7 7(6m) Minority hiring. (a) In this subsection:
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