AB150-ASA,864,17
1548.44 (title)
Jurisdiction over persons
18 17 or older. (1) The court has
16jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and
17as otherwise specifically provided in this chapter.
AB150-ASA,864,2519
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.12 or 48.13 it appears that any person
18 17 or older has been guilty
21of contributing to, encouraging, or tending to cause by any act or omission, such
22condition of the child, the judge may make orders with respect to the conduct of such
23person in his or her relationship to the child, including orders determining the ability
24of the person to provide for the maintenance or care of the child and directing when,
25how and where funds for the maintenance or care shall be paid.
AB150-ASA,865,62
48.45
(3) If it appears at a court hearing that any person
18 17 or older has
3violated s. 948.40, the judge shall refer the record to the district attorney for criminal
4proceedings as may be warranted in the district attorney's judgment. This
5subsection does not prevent prosecution of violations of s. 948.40 without the prior
6reference by the judge to the district attorney, as in other criminal cases.
AB150-ASA,865,9
848.48 (title)
Authority of department
of health and social services. 9(intro.) The department
of health and social services shall have authority:
AB150-ASA,865,1711
48.48
(1) To promote the enforcement of the laws relating to
delinquent
12children, nonmarital children and children in need of protection or services including
13developmentally disabled children and to take the initiative in all matters involving
14the interests of such children where adequate provision therefor is not made. This
15duty shall be discharged in cooperation with the courts, county departments,
16licensed child welfare agencies and with parents and other individuals interested in
17the welfare of children.
AB150-ASA,865,2319
48.48
(3) To accept
legal custody of children transferred to it by the court under
20s. 48.355 and guardianship of children when appointed by the court, and to provide
21special treatment and care when directed by the court. A court may not direct the
22department to administer psychotropic medications to children who receive special
23treatment or care under this subsection.
AB150-ASA,866,33
48.48
(4m) (a) Is at least
18 17 years of age;
AB150-ASA, s. 2529m
4Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin
5Act .... (this act), is repealed.
AB150-ASA,866,98
48.48
(4m) (b) Was in the legal custody of the department or under its
9supervision under s. 48.34 (4m) or (4n) when the person reached
18 17 years of age;
AB150-ASA, s. 2530m
10Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin
11Act .... (this act), is repealed.
AB150-ASA,866,2319
48.48
(12) (a) To enter into an agreement to assist in the cost of care of a child
20after legal adoption when the department has determined that such assistance is
21necessary to assure the child's adoption. Agreements under this paragraph shall be
22made in accordance with s. 48.975. Payments shall be made from the appropriation
23under s. 20.435
(7) (3) (dd).
AB150-ASA,867,3
148.48
(13) To promulgate rules for the payment of an allowance to children in
2its institutions and a cash grant to a child being discharged from its institutions
or
3released to aftercare or corrective sanctions supervision.
AB150-ASA,867,126
48.48
(14) To pay maintenance, tuition and related expenses from the
7appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
8reached
18 17 years of age were students regularly attending a school, college or
9university or regularly attending a course of vocational or technical training
10designed to fit them for gainful employment, and who when reaching that age were
11in the legal custody of the department or under its supervision under s. 48.34 (4m)
12or (4n) as a result of a judicial decision.
AB150-ASA,867,1816
48.48
(16) To establish and enforce standards for services provided under
ss. 1748.34 and s. 48.345
(1) (a) and (e). This authority does not apply to services provided
18by the department of corrections under s. 48.366 (8).
AB150-ASA, s. 2535m
19Section 2535m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377,
20385 and 491, is repealed.
AB150-ASA, s. 2536m
21Section 2536m. 48.50 of the statutes, as affected by 1993 Wisconsin Acts 385
22and 491, is repealed.
AB150-ASA,868,12
148.505 (title)
Children placed in a secured correctional facility or on
2aftercare under supervision of department of health and social services or
3county department. The When a child is under the supervision of the department
4of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366
5or under the supervision of a county department under s. 48.34 (4n), the department
6or county department having supervision over the child shall have the right and duty
7to protect, train, discipline, treat and confine
a child who is placed in a secured
8correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and
9to provide food, shelter, legal services, education and ordinary medical and dental
10care for the child, subject to the rights, duties and responsibilities of the guardian of
11the child and subject to any residual parental rights and responsibilities and the
12provisions of any court order.
AB150-ASA,868,24
1548.505 Children placed under supervision of department of
16corrections or county department. When a child is under the supervision of the
17department of corrections under s. 48.34 (4h), (4m) or (4n), 48.357 (4) or (5) (e) or
1848.366 or under the supervision of a county department under s. 48.34 (4n), the
19department of corrections or county department having supervision over the child
20shall have the right and duty to protect, train, discipline, treat and confine the child
21and to provide food, shelter, legal services, education and ordinary medical and
22dental care for the child, subject to the rights, duties and responsibilities of the
23guardian of the child and subject to any residual parental rights and responsibilities
24and the provisions of any court order.
AB150-ASA, s. 2539m
3Section 2539m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
4Acts 377 and 385, is amended to read:
AB150-ASA,869,85
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
6secured correctional facility or a placement in the community under the corrective
7sanctions program
or the youthful offender program, the department of health and
8social services
or the department of corrections shall:
AB150-ASA, s. 2540m
9Section 2540m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
10Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB150-ASA, s. 2540r
12Section 2540r. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts
13377 and 385, is repealed.
AB150-ASA,869,19
1848.52 (title)
Facilities for care of children in care of department of
19health and social services.
AB150-ASA,870,523
48.52
(2) (a) In addition to the facilities and services described in sub. (1), the
24department may use other facilities and services under its jurisdiction. The
25department may also contract for and pay for the use of other public facilities or
1private facilities for the care and treatment of children in its care
; but placement of
2children in private or public facilities not under its jurisdiction does not terminate
3the legal custody or supervision under s. 48.34 (4m) or (4n) of the department.
4Placements in institutions for the mentally ill or developmentally disabled shall be
5made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.
AB150-ASA,870,118
48.52
(2) (c) The department shall have the right to inspect all facilities it is
9using and to examine and consult with persons
in its legal custody or under its
10supervision under s. 48.34 (4m) or (4n) who have been whom the department has 11placed in that facility.
AB150-ASA,870,1715
48.532
(1) Program. Beginning 1995, the The department shall provide a
16juvenile boot camp program for children
who have been placed under s. 48.34 (4m)
17in a secured correctional facility under the supervision of the department.
AB150-ASA, s. 2543m
18Section 2543m. 48.532 (1) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is repealed and recreated to read:
AB150-ASA,870,2220
48.532
(1) Program. The department of corrections shall provide a juvenile
21bootcamp program for children who have been placed in the serious juvenile offender
22program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m).
AB150-ASA,871,224
48.532
(2) Program eligibility. The department may place in the juvenile boot
25camp program any child
whose legal custody has been transferred to the department
1under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a
2secured correctional facility
under the supervision of the department.
AB150-ASA, s. 2544m
3Section 2544m. 48.532 (2) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is repealed and recreated to read:
AB150-ASA,871,85
48.532
(2) Program eligibility. The department of corrections may place in the
6juvenile boot camp program any child who has been placed in the serious juvenile
7offender program under s. 48.34 (4h) or in a secured correctional facility under s.
848.34 (4m).
AB150-ASA,871,1310
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
11has completed the juvenile boot camp program and who is released from a secured
12correctional facility shall be placed under aftercare supervision administered by the
13department.
AB150-ASA, s. 2545m
14Section 2545m. 48.532 (3) of the statutes, as created by 1995 Wisconsin Act
15.... (this act), is amended to read:
AB150-ASA,871,1916
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
17has completed the juvenile boot camp program and who is released from a secured
18correctional facility shall be placed under aftercare supervision administered by the
19department
of corrections.
AB150-ASA,872,2222
48.533
(2) Corrective sanctions program. From the appropriation under s.
2320.435 (3)
(a) (hr), the department shall provide
$433,500, and from the
24appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for 25a corrective sanctions program
, beginning on July 1, 1994, to serve an average daily
1population of 105 children, or an average daily population of more that 105 children
2if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515
3and the positions for the program are increased under s. 13.101 or 16.505 (2), in not
4less than 3 counties, including Milwaukee county. The juvenile offender review
5program
in the division of youth services in the department shall evaluate and select
6for participation in the program children who have been placed in a secured
7correctional facility under s. 48.34 (4m). The department shall place a program
8participant in the community, provide intensive surveillance of that participant and
9provide an average of $5,000 per year per participant to purchase community-based
10treatment services for each participant. The department shall make the intensive
11surveillance required under this subsection available 24 hours a day, 7 days a week,
12and may purchase or provide electronic monitoring for the intensive surveillance of
13program participants. The department shall provide a report center in Milwaukee
14county to provide on-site programming after school and in the evening for children
15from Milwaukee county who are placed in the corrective sanctions program. A
16contact worker providing services under the program shall have a case load of
17approximately 10 children and, during the initial phase of placement in the
18community under the program of a child who is assigned to that contact worker, shall
19have not less than one face-to-face contact per day with that child. Case
20management services under the program shall be provided by a corrective sanctions
21agent who shall have a case load of approximately 15 children. The department shall
22promulgate rules to implement the program.
AB150-ASA, s. 2547p
23Section 2547p. 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act
24.... (this act), is repealed and recreated to read:
AB150-ASA,874,2
148.533
(2) Corrective sanctions program. From the appropriation under s.
220.410 (3) (hr), the department of corrections shall provide a corrective sanctions
3program to serve an average daily population of 105 children, or an average daily
4population of more that 105 children if the appropriation under s. 20.410 (3) (hr) is
5supplemented under s. 13.101 or 16.515 and the positions for the program are
6increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including
7Milwaukee County. The juvenile offender review program in the division of juvenile
8corrections in the department of corrections shall evaluate and select for
9participation in the program children who have been placed in the serious juvenile
10offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34
11(4m). The department of corrections shall place a program participant in the
12community, provide intensive surveillance of that participant and provide an
13average of $5,000 per year per participant to purchase community-based treatment
14services for each participant. The department of corrections shall make the intensive
15surveillance required under this subsection available 24 hours a day, 7 days a week,
16and may purchase or provide electronic monitoring for the intensive surveillance of
17program participants. The department of corrections shall provide a report center
18in Milwaukee County to provide on-site programming after school and in the
19evening for children from Milwaukee County who are placed in the corrective
20sanctions program. A contact worker providing services under the program shall
21have a case load of approximately 10 children and, during the initial phase of
22placement in the community under the program of a child who is assigned to that
23contact worker, shall have not less than one face-to-face contact per day with that
24child. Case management services under the program shall be provided by a
1corrective sanctions agent who shall have a case load of approximately 15 children.
2The department of corrections shall promulgate rules to implement the program.
AB150-ASA,874,175
48.533
(3) Institutional status. A participant in the
pilot program under sub.
6(1) or the program under sub. (2) remains under the supervision of the department,
7remains subject to the rules and discipline of that department and is considered to
8be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if
9a child violates a condition of that child's participation in the
pilot program under
10sub. (1) or the program under sub. (2) the department may, without a hearing, take
11the child into custody and return the child to placement in a secured correctional
12facility for up to 72 hours as a sanction for that violation. If the child is returned to
13a secured correctional facility, for longer than 72 hours, the child is entitled to a
14hearing under s. 48.357 (5). If a child runs away from the child's placement in the
15community while participating in the
pilot program under sub. (1) or the program
16under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3)
17(c).
AB150-ASA,875,620
48.533
(3) Institutional status. A participant in the program under sub. (2)
21remains under the supervision of the department of corrections, remains subject to
22the rules and discipline of that department of corrections and is considered to be in
23custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, but subject
24to s. 48.538 (4), if a child violates a condition of that child's participation in the
25program under sub. (2) the department of corrections may, without a hearing, take
1the child into custody and return the child to placement in a secured correctional
2facility for up to 72 hours as a sanction for that violation. If the child is returned to
3a secured correctional facility, for longer than 72 hours, the child is entitled to a
4hearing under s. 48.357 (5). If a child runs away from the child's placement in the
5community while participating in the program under sub. (2), that child is
6considered to have escaped in violation of s. 946.42 (3) (c).
AB150-ASA,875,128
48.534
(2) The department
of corrections shall promulgate rules specifying the
9requirements for an intensive supervision program under this section. The rules
10shall include rules that govern the use of placement in a secure detention facility for
11not more than 72 hours as a sanction for a violation of a condition of a child's
12participation in the program.
AB150-ASA,875,22
1648.535 Early release and intensive supervision program; limits. The
17department
of corrections may establish a program for the early release and
18intensive supervision of children who have been placed in a secured correctional
19facility under s. 48.34 (4m). The program may not include any children who have
20been placed in a secured correctional facility as a result of a delinquent act involving
21the commission of a violent crime as defined in s. 969.035, but not including the crime
22specified in s. 948.02 (1).