AB130-SSA1,205,2117
2. Make a determination of whether the juvenile is a child at risk, as defined
18in s. 118.153 (1) (a), unless that determination has been made within the current
19school semester. If a juvenile is determined to be a child at risk under this
20subdivision, the school administrator shall provide a program for the juvenile
21according to the plan developed under s. 118.153 (2) (a).
AB130-SSA1,206,222
3. Provide the juvenile and his or her parent or guardian with an opportunity
23for educational counseling to determine whether a change in the juvenile's program
24or curriculum, including any of the modifications specified in s. 118.15 (1) (d), would
25resolve the juvenile's truancy problem, unless the juvenile and his or her parent or
1guardian have been provided with an opportunity for educational counseling within
2the current school semester.
AB130-SSA1,206,73
(g) If a juvenile is taken into custody under s. 938.19 (1) (d) 10. and is not
4released under par. (ag), (b) or (e) or if a juvenile is taken into custody under s. 938.19
5(1m) and is not released under par. (ag), (b), (e) or (f), the person who took the juvenile
6into custody shall release the juvenile without immediate adult supervision after
7counseling or warning the juvenile as may be appropriate.
AB130-SSA1,206,18
8(3) If the juvenile is released under sub. (2) (b) to (d) or (g), the person who took
9the juvenile into custody shall immediately notify the juvenile's parent, guardian
10and legal custodian of the time and circumstances of the release and the person, if
11any, to whom the juvenile was released. If the juvenile is not released under sub. (2),
12the person who took the juvenile into custody shall arrange in a manner determined
13by the court and law enforcement agencies for the juvenile to be interviewed by the
14intake worker under s. 938.067 (2), and shall make a statement in writing with
15supporting facts of the reasons why the juvenile was taken into physical custody and
16shall give any juvenile 10 years of age or older a copy of the statement in addition to
17giving a copy to the intake worker. When the intake interview is not done in person,
18the report may be read to the intake worker.
AB130-SSA1,206,23
19(4) If the juvenile is believed to be suffering from a serious physical condition
20which requires either prompt diagnosis or prompt treatment, the person taking the
21juvenile into physical custody, the intake worker or other appropriate person shall
22deliver the juvenile to a hospital as defined in s. 50.33 (2) (a) and (c) or physician's
23office.
AB130-SSA1,207,5
24(5) If the juvenile is believed to be mentally ill, drug dependent or
25developmentally disabled, and exhibits conduct which constitutes a substantial
1probability of physical harm to the juvenile or to others, or a very substantial
2probability of physical impairment or injury to the juvenile exists due to the impaired
3judgment of the juvenile, and the standards of s. 51.15 are met, the person taking the
4juvenile into physical custody, the intake worker or other appropriate person shall
5proceed under s. 51.15.
AB130-SSA1,207,10
6(6) If the juvenile is believed to be an intoxicated person who has threatened,
7attempted or inflicted physical harm on himself or herself or on another and is likely
8to inflict such physical harm unless committed, or is incapacitated by alcohol, the
9person taking the juvenile into physical custody, the intake worker or other
10appropriate person shall proceed under s. 51.45 (11).
AB130-SSA1,207,13
11(7) (a) When a juvenile is interviewed by an intake worker, the intake worker
12shall inform any juvenile possibly involved in a delinquent act of his or her right to
13counsel and the right against self-incrimination.
AB130-SSA1,207,1814
(b) The intake worker shall review the need to hold the juvenile in custody and
15shall make every effort to release the juvenile from custody as provided in par. (c).
16The intake worker shall base his or her decision as to whether to release the juvenile
17or to continue to hold the juvenile in custody on the criteria specified in s. 938.205
18and criteria established under s. 938.06 (1) or (2).
AB130-SSA1,207,1919
(c) The intake worker may release the juvenile as follows:
AB130-SSA1,207,2520
1. To a parent, guardian or legal custodian, or, if the parent, guardian or legal
21custodian is unavailable, unwilling or unable to provide supervision for the juvenile,
22release the juvenile to a responsible adult, counseling or warning the juvenile as may
23be appropriate, or, if the juvenile is 15 years of age or older, release the juvenile
24without immediate adult supervision, counseling or warning the juvenile as may be
25appropriate.
AB130-SSA1,208,3
11m. In the case of a juvenile who has violated the terms of aftercare supervision
2administered by the department or a county department, to the department or
3county department, whichever has aftercare supervision of the juvenile.
AB130-SSA1,208,44
2. In the case of a runaway juvenile, to a home authorized under s. 48.227.
AB130-SSA1,208,85
(d) If the juvenile is released from custody, the intake worker shall immediately
6notify the juvenile's parent, guardian and legal custodian of the time and
7circumstances of the release and the person, if any, to whom the juvenile was
8released.
AB130-SSA1,209,2
9(8) If a juvenile is held in custody, the intake worker shall notify the juvenile's
10parent, guardian and legal custodian of the reasons for holding the juvenile in
11custody and of the juvenile's whereabouts unless there is reason to believe that notice
12would present imminent danger to the juvenile. If a juvenile who has violated the
13terms of aftercare supervision administered by the department or a county
14department is held in custody, the intake worker shall also notify the department or
15county department, whichever has supervision over the juvenile, of the reasons for
16holding the juvenile in custody, of the juvenile's whereabouts and of the time and
17place of the detention hearing required under s. 938.21. The parent, guardian and
18legal custodian shall also be notified of the time and place of the detention hearing
19required under s. 938.21, the nature and possible consequences of that hearing and
20the right to present and cross-examine witnesses at the hearing. If the parent,
21guardian or legal custodian is not immediately available, the intake worker or
22another person designated by the court shall provide notice as soon as possible.
23When the juvenile is alleged to have committed a delinquent act, the juvenile shall
24receive the same notice about the detention hearing as the parent, guardian or legal
1custodian. The intake worker shall notify both the juvenile and the juvenile's parent,
2guardian or legal custodian.
AB130-SSA1,209,6
3938.205 Criteria for holding a juvenile in physical custody. (1) A
4juvenile may be held under s. 938.207, 938.208 or 938.209 if the intake worker
5determines that there is probable cause to believe the juvenile is within the
6jurisdiction of the court and if probable cause exists to believe one of the following:
AB130-SSA1,209,87
(a) That if the juvenile is not held he or she will commit injury to the person
8or property of others.
AB130-SSA1,209,129
(b) That the parent, guardian or legal custodian of the juvenile or other
10responsible adult is unavailable, unwilling or unable to provide adequate
11supervision and care and that services to ensure the juvenile's safety and well-being
12are not available or would be inadequate.
AB130-SSA1,209,1513
(c) That the juvenile will run away or be taken away so as to be unavailable for
14proceedings of the court or its officers or proceedings of the division of hearings and
15appeals in the department of administration for revocation of aftercare supervision.
AB130-SSA1,209,18
16(2) The criteria for holding a juvenile in custody specified in this section shall
17govern the decision of all persons responsible for determining whether the action is
18appropriate.
AB130-SSA1,209,21
19938.207 Places where a juvenile may be held in nonsecure custody.
20(1) A juvenile held in physical custody under s. 938.205 may be held in any of the
21following places:
AB130-SSA1,209,2222
(a) The home of a parent or guardian.
AB130-SSA1,209,2323
(b) The home of a relative.
AB130-SSA1,209,2524
(c) A licensed foster home or a licensed treatment foster home provided the
25placement does not violate the conditions of the license.
AB130-SSA1,210,2
1(cm) A licensed group home provided that the placement does not violate the
2conditions of the license.
AB130-SSA1,210,33
(d) A nonsecure facility operated by a licensed child welfare agency.
AB130-SSA1,210,44
(e) A licensed private or public shelter care facility.
AB130-SSA1,210,85
(f) The home of a person not a relative, if the placement does not exceed 30 days,
6though the placement may be extended for an additional 30 days for cause by the
7court, and if the person has not had a foster home or treatment foster home license
8refused, revoked or suspended within the last 2 years.
AB130-SSA1,210,109
(g) A hospital as defined in s. 50.33 (2) (a) and (c) or physician's office if the
10juvenile is held under s. 938.20 (4).
AB130-SSA1,210,1111
(h) A place listed in s. 51.15 (2) if the juvenile is held under s. 938.20 (5).
AB130-SSA1,210,1312
(i) An approved public treatment facility for emergency treatment if the
13juvenile is held under s. 938.20 (6).
AB130-SSA1,210,1414
(k) A facility under s. 48.58.
AB130-SSA1,210,19
15(2) If a facility listed in sub. (1) (b) to (k) is used to hold juveniles in custody,
16or if supervisory services of a home detention program are provided to juveniles held
17under sub. (1) (a), its authorized rate shall be paid by the county for the care of the
18juvenile. If no authorized rate has been established, a reasonable sum to be fixed by
19the court shall be paid by the county for the supervision or care of the juvenile.
AB130-SSA1,210,22
20938.208 Criteria for holding a juvenile in a secure detention facility. 21A juvenile may be held in a secure detention facility if the intake worker determines
22that one of the following conditions applies:
AB130-SSA1,211,5
23(1) Probable cause exists to believe that the juvenile has committed a
24delinquent act and either presents a substantial risk of physical harm to another
25person or a substantial risk of running away so as to be unavailable for a court
1hearing or a revocation hearing for juveniles on aftercare supervision. For juveniles
2on aftercare supervision, the delinquent act referred to in this section may be the act
3for which the juvenile was adjudged delinquent. If the intake worker determines
4that any of the following conditions applies, the juvenile is considered to present a
5substantial risk of physical harm to another person:
AB130-SSA1,211,106
(a) Probable cause exists to believe that the juvenile has committed a
7delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19
8(2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r),
9943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed
10by an adult.
AB130-SSA1,211,1511
(b) Probable cause exists to believe that the juvenile possessed, used or
12threatened to use a handgun, as defined in s. 175.35 (1) (b), short-barreled rifle, as
13defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
14while committing a delinquent act that would be a felony under ch. 940 if committed
15by an adult.
AB130-SSA1,211,1816
(c) Probable cause exists to believe that the juvenile has possessed or gone
17armed with a short-barreled rifle or a short-barreled shotgun in violation of s.
18941.28, or has possessed or gone armed with a handgun in violation of s. 948.60.
AB130-SSA1,211,21
19(2) Probable cause exists to believe that the juvenile is a fugitive from another
20state or has run away from a secured correctional facility and there has been no
21reasonable opportunity to return the juvenile.
AB130-SSA1,211,24
22(3) The juvenile consents in writing to being held in order to protect him or her
23from an imminent physical threat from another and such secure custody is ordered
24by the judge in a protective order.
AB130-SSA1,212,4
1(4) Probable cause exists to believe that the juvenile, having been placed in
2nonsecure custody by an intake worker under s. 938.207 or by the judge or juvenile
3court commissioner under s. 938.21 (4), has run away or committed a delinquent act
4and no other suitable alternative exists.
AB130-SSA1,212,11
5(5) Probable cause exists to believe that the juvenile has been adjudged or
6alleged to be delinquent and has run away from another county and would run away
7from nonsecure custody pending his or her return. A juvenile may be held in secure
8custody under this subsection for no more than 24 hours after the end of the day that
9the decision to hold the juvenile was made unless an extension of those 24 hours is
10ordered by the judge for good cause shown. Only one extension may be ordered by
11the judge.
AB130-SSA1,212,14
12938.209 Criteria for holding a juvenile in a county jail. Subject to the
13provisions of s. 938.208, a county jail may be used as a secure detention facility if the
14criteria under either sub. (1) or (2) are met:
AB130-SSA1,212,16
15(1) There is no other secure detention facility approved by the department or
16a county which is available and all of the following conditions are met:
AB130-SSA1,212,1817
(a) The jail meets the standards for secure detention facilities established by
18the department.
AB130-SSA1,212,2019
(b) The juvenile is held in a room separated and removed from incarcerated
20adults.
AB130-SSA1,212,2221
(c) The juvenile is not held in a cell designed for the administrative or
22disciplinary segregation of adults.
AB130-SSA1,212,2323
(d) Adequate supervision is provided.
AB130-SSA1,212,2424
(e) The judge reviews the status of the juvenile every 3 days.
AB130-SSA1,213,4
1(2) The juvenile presents a substantial risk of physical harm to other persons
2in the secure detention facility, as evidenced by previous acts or attempts, which can
3only be avoided by transfer to the jail. The provisions of sub. (1) (a) to (e) shall be met.
4The juvenile shall be given a hearing and transferred only upon order of the judge.
AB130-SSA1,213,7
5(3) The restrictions of this section do not apply to the use of jail for a juvenile
6who has been waived to adult court under s. 938.18 or who is under the jurisdiction
7of an adult court under s. 938.183.
AB130-SSA1,213,21
8938.21 Hearing for juvenile in custody. (1) Hearing; when held. (a) If
9a juvenile who has been taken into custody is not released under s. 938.20, a hearing
10to determine whether the juvenile shall continue to be held in custody under the
11criteria of ss. 938.205 to 938.209 shall be conducted by the judge or juvenile court
12commissioner within 24 hours after the end of the day that the decision to hold the
13juvenile was made, excluding Saturdays, Sundays and legal holidays. By the time
14of the hearing a petition under s. 938.25 shall be filed, except that no petition need
15be filed where a juvenile is taken into custody under s. 938.19 (1) (b) or (d) 2., 6. or
167. or where the juvenile is a runaway from another state, in which case a written
17statement of the reasons for holding a juvenile in custody shall be substituted if the
18petition is not filed. If no hearing has been held within 24 hours or if no petition or
19statement has been filed at the time of the hearing, the juvenile shall be released
20except as provided in par. (b). A parent not present at the hearing shall be granted
21a rehearing upon request.
AB130-SSA1,214,722
(b) If no petition has been filed by the time of the hearing, a juvenile may be
23held in custody with the approval of the judge or juvenile court commissioner for an
24additional 48 hours from the time of the hearing only if, as a result of the facts
25brought forth at the hearing, the judge or juvenile court commissioner determines
1that probable cause exists to believe that the juvenile is an imminent danger to
2himself or herself or to others, or that probable cause exists to believe that the parent,
3guardian or legal custodian of the juvenile or other responsible adult is unwilling or
4unavailable to provide adequate supervision and care. The extension may be
5granted only once for any petition. In the event of failure to file a petition within the
648-hour extension period provided for in this paragraph, the judge or juvenile court
7commissioner shall order the juvenile's immediate release from custody.
AB130-SSA1,214,10
8(2) Proceedings concerning runaway or delinquent juveniles. Proceedings
9concerning a juvenile who comes within the jurisdiction of the court under s. 938.12
10or 938.13 (7) or (12) shall be conducted according to this subsection.
AB130-SSA1,214,1411
(a) A juvenile held in a nonsecure place of custody may waive in writing the
12hearing under this section. After any waiver, a hearing shall be granted upon the
13request of the juvenile or any other interested party. Any juvenile transferred to a
14secure detention facility shall thereafter have a hearing under this section.
AB130-SSA1,214,1715
(b) A copy of the petition shall be given to the juvenile at or prior to the time
16of the hearing. Prior notice of the hearing shall be given to the juvenile's parent,
17guardian and legal custodian and to the juvenile in accordance with s. 938.20 (8).
AB130-SSA1,214,2518
(c) Prior to the commencement of the hearing, the juvenile shall be informed
19by the judge or juvenile court commissioner of the allegations that have been or may
20be made, the nature and possible consequences of this hearing as compared to
21possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel
22under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by
23counsel, the right to remain silent, the fact that the silence may not be adversely
24considered by the judge or juvenile court commissioner, the right to confront and
25cross-examine witnesses and the right to present witnesses.
AB130-SSA1,215,6
1(d) If the juvenile is not represented by counsel at the hearing and the juvenile
2is continued in custody as a result of the hearing, the juvenile may request through
3counsel subsequently appointed or retained or through a guardian ad litem that the
4order to hold in custody be reheard. If the request is made, a rehearing shall take
5place as soon as may be possible. Whether or not counsel was present, any order to
6hold the juvenile in custody shall be subject to rehearing for good cause.
AB130-SSA1,215,9
7(3) Proceedings concerning juveniles in need of protection or services.
8Proceedings concerning a juvenile who comes within the jurisdiction of the court
9under s. 938.13 (4), (6), (6m) or (14) shall be conducted according to this subsection.
AB130-SSA1,215,1210
(a) The parent, guardian or legal custodian may waive the hearing under this
11section. Agreement in writing of the juvenile is required if he or she is over 12. After
12any waiver, a hearing shall be granted at the request of any interested party.
AB130-SSA1,215,1713
(b) If present at the hearing, a copy of the petition shall be given to the parent,
14guardian or legal custodian, and to the juvenile if he or she is 12 years of age or older,
15before the hearing begins. Prior notice of the hearing shall be given to the juvenile's
16parent, guardian and legal custodian and to the juvenile if he or she is 12 years of
17age or older in accordance with s. 938.20 (8).
AB130-SSA1,215,2218
(d) Prior to the commencement of the hearing, the parent, guardian or legal
19custodian shall be informed by the court of the allegations that have been made or
20may be made, the nature and possible consequences of this hearing as compared to
21possible future hearings, the right to confront and cross-examine witnesses and the
22right to present witnesses.
AB130-SSA1,216,423
(e) If the parent, guardian or legal custodian or the juvenile is not represented
24by counsel at the hearing and the juvenile is continued in custody as a result of the
25hearing, the parent, guardian, legal custodian or juvenile may request through
1counsel subsequently appointed or retained or through a guardian ad litem that the
2order to hold the juvenile in custody be reheard. If the request is made, a rehearing
3shall take place as soon as may be possible. Any order to hold the juvenile in custody
4shall be subject to rehearing for good cause, whether or not counsel was present.
AB130-SSA1,216,14
5(3m) Parental notice required. If the juvenile has been taken into custody
6because he or she committed an act which resulted in personal injury or damage to
7or loss of the property of another, the court, prior to the commencement of any
8hearing under this section, shall attempt to notify the juvenile's parents of the
9possibility of disclosure of the identity of the juvenile and the parents, of the
10juvenile's police records and of the outcome of proceedings against the juvenile for
11use in civil actions for damages against the juvenile or the parents and of the parents'
12potential liability for acts of their juveniles. If the court is unable to provide the
13notice before commencement of the hearing, it shall provide the juvenile's parents
14with the specified information in writing as soon as possible after the hearing.
AB130-SSA1,216,17
15(4) Continuation of custody. If the judge or juvenile court commissioner finds
16that the juvenile should be continued in custody under the criteria of s. 938.205, he
17or she shall enter one of the following orders:
AB130-SSA1,216,2518
(a) Place the juvenile with a parent, guardian, legal custodian or other
19responsible person and may impose reasonable restrictions on the juvenile's travel,
20association with other persons or places of abode during the period of placement,
21including a condition requiring the juvenile to return to other custody as requested;
22or subject the juvenile to the supervision of an agency agreeing to supervise the
23juvenile. Reasonable restrictions may be placed upon the conduct of the parent,
24guardian, legal custodian or other responsible person which may be necessary to
25ensure the safety of the juvenile.
AB130-SSA1,217,2
1(b) Order the juvenile held in an appropriate manner under s. 938.207, 938.208
2or 938.209.
AB130-SSA1,217,5
3(4m) Electronic monitoring. The judge or juvenile court commissioner may
4include in an order under sub. (4) (a) or (b) a condition that the juvenile be monitored
5by an electronic monitoring system.
AB130-SSA1,217,7
6(5) Orders in writing. (a) All orders to hold in custody shall be in writing,
7listing the reasons and criteria forming the basis for the decision.
AB130-SSA1,217,128
(b) An order relating to a juvenile held in custody outside of his or her home
9shall also describe any efforts that were made to permit the juvenile to remain at
10home and the services that are needed to ensure the juvenile's well-being, to enable
11the juvenile to return to his or her home and to involve the parents in planning for
12the juvenile.
AB130-SSA1,217,17
13(6) Amendment of order. An order placing a juvenile under sub. (4) (a) on
14conditions specified in this section may at any time be amended, with notice, so as
15to return the juvenile to another form of custody for failure to conform to the
16conditions originally imposed. A juvenile may be transferred to secure custody if he
17or she meets the criteria of s. 938.208.
AB130-SSA1,217,22
18(7) Deferred prosecution. If the judge or juvenile court commissioner
19determines that the best interests of the juvenile and the public are served, he or she
20may enter a consent decree under s. 938.32 or order the petition dismissed and refer
21the matter to the intake worker for deferred prosecution in accordance with s.
22938.245.
AB130-SSA1,218,2
23938.22 Establishment of secure detention facilities and shelter care
24facilities. (1) (a) The county board of supervisors may establish a secure detention
25facility or a shelter care facility or both or the county boards of supervisors for 2 or
1more counties may jointly establish a secure detention facility or a shelter care
2facility or both in accordance with ss. 46.16, 46.20 and 301.36.
AB130-SSA1,218,103
(b) Subject to sub. (3) (ar), in counties having a population of less than 500,000,
4the policies of the secure detention facility or shelter care facility shall be determined
5by the judge of the court assigned to exercise jurisdiction under this chapter and ch.
648 with the approval of the chief judge of the judicial administrative district or, in the
7case of a secure detention facility or shelter care facility established by 2 or more
8counties, by a committee of the judges of the courts in the participating counties
9assigned to exercise jurisdiction under this chapter and ch. 48 with the approval of
10the chief judge of the judicial administrative district.
AB130-SSA1,218,1511
(c) In counties having a population of 500,000 or more, the nonjudicial
12operational policies of the secure detention facility and the detention section of the
13juvenile delinquency court center shall be established by the county board of
14supervisors, and the execution thereof shall be the responsibility of the director of
15the children's court center.
AB130-SSA1,218,24
16(2) (a) Counties shall submit plans for the secure detention facility or juvenile
17portion of the county jail to the department of corrections and submit plans for the
18shelter care facility to the department of health and social services. The applicable
19department shall review the submitted plans. The counties may not implement any
20such plan unless the applicable department has approved the plan. The department
21of corrections shall promulgate rules establishing minimum requirements for the
22approval of the operation of secure detention facilities and the juvenile portion of
23county jails. The plans and rules shall be designed to protect the health, safety and
24welfare of the juveniles in these facilities.
AB130-SSA1,219,7
1(b) If the department approves, a secure detention facility or a holdover room
2may be a part of a public building in which there is a jail or other facility for the
3detention of adults if the secure detention facility or holdover room is so physically
4segregated from the jail or other facility that the secure detention facility or holdover
5room may be entered without passing through areas where adults are confined and
6that juveniles detained in the secure detention facility or holdover room cannot
7communicate with or view adults confined therein.
AB130-SSA1,219,108
(c) A shelter care facility shall be used for the temporary care of juveniles. A
9shelter care facility, other than a holdover room, may not be in the same building as
10a facility for the detention of adults.
AB130-SSA1,219,21
11(3) (a) In counties having a population of less than 500,000, public secure
12detention facilities and public shelter care facilities shall be in the charge of a
13superintendent. The judge of the court assigned to exercise jurisdiction under this
14chapter and ch. 48 with the approval of the chief judge of the judicial administrative
15district or, where 2 or more counties operate joint public secure detention facilities
16or public shelter care facilities, the committee of judges of the courts assigned to
17exercise jurisdiction under this chapter and ch. 48 with the approval of the chief
18judge of the judicial administrative district shall appoint the superintendent and
19other necessary personnel for the care and education of the juveniles in secure
20detention or shelter care facilities, subject to par. (am) and to civil service regulations
21in counties having civil service.
AB130-SSA1,220,322
(am) If a secure detention facility or holdover room is part of a public building
23in which there is a jail or other facility for the detention of adults, the sheriff or other
24keeper of the jail or other facility for the detention of adults may nominate persons
25to be considered under par. (a) for the position of superintendent of the secure
1detention facility or holdover room. Nominees under this paragraph shall have
2demonstrated administrative abilities and a demonstrated interest in the problems
3of juvenile justice and the welfare of juveniles.
AB130-SSA1,220,94
(ar) Notwithstanding sub. (1) (b), if a secure detention facility or holdover room
5is part of a public building in which there is a jail or other facility for the detention
6of adults, the sheriff or other keeper of the jail or other facility for the detention of
7adults shall determine the policies of that secure detention facility or holdover room
8relating to security and emergency response and shall determine the procedures for
9implementing those policies.
AB130-SSA1,220,1510
(b) In counties having a population of 500,000 or more, the director of the
11children's court center shall be in charge of and responsible for public secure
12detention facilities, the secure detention section of the center and the personnel
13assigned to this section, including a detention supervisor or superintendent. The
14director of the children's court center may also serve as superintendent of detention
15if the county board of supervisors so determines.
AB130-SSA1,220,1816
(c) All superintendents appointed under par. (a) or (b) after May 1, 1992, shall,
17within one year after that appointment, successfully complete an administrative
18training program approved or provided by the department of justice.
AB130-SSA1,220,22
19(5) A county board of supervisors, or 2 or more county boards of supervisors
20jointly, may contract with privately operated shelter care facilities or home detention
21programs for purchase of services. A county board of supervisors may delegate this
22authority to its county department.
AB130-SSA1,221,3
23(7) (a) No person may establish a shelter care facility without first obtaining
24a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter
25care facility, a person must meet the minimum requirements for a license established
1by the department of health and social services under s. 48.67 and pay the license
2fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility
3is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
AB130-SSA1,221,114
(b) Before the department of health and social services may issue a license
5under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay
6to that department a biennial fee of $50, plus a biennial fee of $15 per juvenile, based
7on the number of juveniles that the shelter care facility is licensed to serve. A shelter
8care facility that wishes to renew a license issued under s. 48.66 (1) shall pay the fee
9under this paragraph by the renewal date of the license. A new shelter care facility
10shall pay the fee under this paragraph by no later than 30 days before the opening
11of the shelter care facility.
AB130-SSA1,221,1612
(c) A shelter care facility that wishes to renew a license issued under s. 48.66
13(1) and that fails to pay the fee under par. (b) by the renewal date of the license or
14a new shelter care facility that fails to pay the fee under par. (b) by 30 days before
15the opening of the shelter care facility shall pay an additional fee of $5 per day for
16every day after the deadline that the facility fails to pay the fee.
AB130-SSA1,221,21
17938.225 Statewide plan for secure detention facilities. The department
18shall assist counties in establishing secure detention facilities under s. 938.22 by
19developing and promulgating a statewide plan for the establishment and
20maintenance of suitable secure detention facilities reasonably accessible to each
21court.
AB130-SSA1,221,24
22938.23 Right to counsel. (1) Right of juveniles to legal representation.
23Juveniles subject to proceedings under this chapter shall be afforded legal
24representation as follows: