AB130-engrossed,361,917 (c) No information from the juvenile's court records, other than information
18disclosed under par. (a), (b) or (bm), may be disclosed to the school board of the school
19district in which the juvenile is enrolled or the school board's designee except by order
20of the court. Any information provided under this subsection to the school board of
21the school district in which the juvenile is enrolled or the school board's designee
22shall be disclosed by the school board or designee to employes of the school district
23who work directly with the juvenile or who have been determined by the school board
24or designee to have legitimate educational or safety interests in the information. A
25school district employe to whom information is disclosed under this paragraph shall

1not further disclose the information. A school board shall not use any information
2provided under this subsection as the sole basis for expelling or suspending a
3juvenile. A school board member or an employe of a school district may not be held
4personally liable for any damages caused by the nondisclosure of any information
5specified in this paragraph unless the member or employe acted with actual malice
6in failing to disclose the information. A school district may not be held liable for any
7damages caused by the nondisclosure of any information specified in this paragraph
8unless the school district or its agent acted with gross negligence or with reckless,
9wanton or intentional misconduct in failing to disclose the information.
AB130-engrossed,361,15 10(8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act
11that would be a felony if committed by an adult, the court clerk shall notify the
12department of justice of that fact. No other information from the juvenile's court
13records may be disclosed to the department of justice except by order of the court.
14The department of justice may disclose any information provided under this
15subsection only as part of a criminal history record search under s. 175.35 (2g) (c).
AB130-engrossed,361,1816 Subchapter IX
17 Jurisdiction over
18 persons 17 or older
AB130-engrossed,361,21 19938.44Jurisdiction over persons 17 or older. The court has jurisdiction
20over persons 17years of age or over as provided under ss. 938.355 (4) and 938.45 and
21as otherwise specifically provided in this chapter.
AB130-engrossed,362,4 22938.45Orders applicable to adults. (1) (a) If in the hearing of a case of
23a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services
24under s. 938.13 it appears that any person 17 years of age or over has been guilty of
25contributing to, encouraging, or tending to cause by any act or omission, such

1condition of the juvenile, the court may make orders with respect to the conduct of
2such person in his or her relationship to the juvenile, including orders determining
3the ability of the person to provide for the maintenance or care of the juvenile and
4directing when, how and where funds for the maintenance or care shall be paid.
AB130-engrossed,362,95 (b) An act or failure to act contributes to a condition of a juvenile as described
6in s. 938.12 or 938.13, although the juvenile is not actually adjudicated to come
7within the provisions of s. 938.12 or 938.13, if the natural and probable consequences
8of that act or failure to act would be to cause the juvenile to come within the
9provisions of s. 938.12 or 938.13.
AB130-engrossed,362,17 10(1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent
11or has been found to be in need of protection or services under s. 938.13, the court may
12order the juvenile's parent, guardian or legal custodian to comply with any conditions
13determined by the court to be necessary for the juvenile's welfare. An order under
14this paragraph may include an order to participate in mental health treatment,
15anger management, individual or family counseling or parent training and
16education and to make a reasonable contribution, based on ability to pay, toward the
17cost of those services.
AB130-engrossed,362,2018 (b) A court may not order inpatient treatment under par. (a) for a juvenile's
19parent, guardian or legal custodian. All inpatient treatment commitments or
20admissions must be conducted in accordance with ch. 51.
AB130-engrossed,363,5 21(2) No order under sub. (1) (a) or (1m) (a) may be entered until the person who
22is the subject of the contemplated order is given an opportunity to be heard on the
23contemplated order. The court shall cause notice of the time, place and purpose of
24the hearing to be served on the person personally at least 10 days before the date of
25hearing. The procedure in these cases shall, as far as practicable, be the same as in

1other cases in the court. At the hearing the person may be represented by counsel
2and may produce and cross-examine witnesses. Any person who fails to comply with
3any order issued by a court under sub. (1) (a) or (1m) (a) may be proceeded against
4for contempt of court. If the person's conduct involves a crime, the person may be
5proceeded against under the criminal law.
AB130-engrossed,363,10 6(3) If it appears at a court hearing that any person 17 or older has violated s.
7948.40, the court shall refer the record to the district attorney for criminal
8proceedings as may be warranted in the district attorney's judgment. This
9subsection does not prevent prosecution of violations of s. 948.40 without the prior
10reference by the court to the district attorney, as in other criminal cases.
AB130-engrossed,363,1211 SUBCHAPTER X
12 REHEARING AND APPEAL
AB130-engrossed,363,18 13938.46New evidence. A juvenile whose status is adjudicated by the court
14under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
15time within one year after the entering of the court's order petition the court for a
16rehearing on the ground that new evidence has been discovered affecting the
17advisability of the court's original adjudication. Upon a showing that such evidence
18does exist, the court shall order a new hearing.
AB130-engrossed,363,2019 SUBCHAPTER XI
20 AUTHORITY
AB130-engrossed,363,22 21938.48 Authority of department. The department may do all of the
22following:
AB130-engrossed,364,3 23(1) Promote the enforcement of the laws relating to delinquent juveniles and
24juveniles in need of protection or services and take the initiative in all matters
25involving the interests of such juveniles where adequate provision therefor is not

1made. This duty shall be discharged in cooperation with the courts, county
2departments and licensed child welfare agencies and with parents and other
3individuals interested in the welfare of juveniles.
AB130-engrossed,364,7 4(2) Assist in extending and strengthening juvenile welfare services with
5appropriate federal agencies and in conformity with the federal social security act
6and in cooperation with parents, other individuals and other agencies so that all
7juveniles needing such services are reached.
AB130-engrossed,364,12 8(3) Accept supervision over juveniles transferred to it by the court under s.
9938.355, and provide special treatment and care when directed by the court. Except
10as provided in s. 938.505 (2), a court may not direct the department to administer
11psychotropic medications to juveniles who receive special treatment or care under
12this subsection.
AB130-engrossed,364,24 13(4) Provide appropriate care and training for juveniles under its supervision
14under s. 938.183 or 938.34 (4m) or (4n); including serving those juveniles in their own
15homes, placing them in licensed foster homes or licensed treatment foster homes in
16accordance with s. 48.63 or licensed group homes, contracting for their care by
17licensed child welfare agencies or replacing them in juvenile correctional institutions
18or secured child caring institutions in accordance with rules promulgated under ch.
19227, except that the department may not purchase the educational component of
20private day treatment programs for juveniles in its custody unless the department,
21the school board as defined in s. 115.001 (7) and the state superintendent of public
22instruction all determine that an appropriate public education program is not
23available. Disputes between the department and the school district shall be resolved
24by the state superintendent of public instruction.
AB130-engrossed,365,2
1(4m) Continue to provide appropriate care, training and services to any person
2who meets all of the following qualifications:
AB130-engrossed,365,33 (a) Is at least 17 years of age.
AB130-engrossed,365,54 (b) Was under the supervision of the department under s. 938.183 or 938.34
5(4m) or (4n) when the person reached 17 years of age.
AB130-engrossed,365,66 (c) Is less than 19 years of age.
AB130-engrossed,365,97 (d) Is determined by the department to be in need of care and services designed
8to fit such person for gainful employment and has requested and consented to receive
9such aid.
AB130-engrossed,365,12 10(5) Provide for the moral and religious training of a juvenile under its
11supervision under s. 938.183 or 938.34 (4m) or (4n) according to the religious belief
12of the juvenile or of the juvenile's parents.
AB130-engrossed,365,17 13(6) Consent to emergency surgery under the direction of a licensed physician
14or surgeon for any juvenile under its supervision under s. 938.183 or 938.34 (4m) or
15(4n) upon notification by a licensed physician or surgeon of the need for such surgery
16and if reasonable effort, compatible with the nature and time limitation of the
17emergency, has been made to secure the consent of the juvenile's parent or guardian.
AB130-engrossed,365,20 18(13) Promulgate rules for the payment of an allowance to juveniles in its
19institutions and a cash grant to a juvenile being discharged from its institutions or
20released to aftercare supervision.
AB130-engrossed,366,2 21(14) Pay maintenance, tuition and related expenses from the appropriation
22under s. 20.435 (3) (ho) for persons who when they reached 17 years of age were
23students regularly attending a school, college or university or regularly attending a
24course of vocational or technical training designed to fit them for gainful

1employment, and who when reaching that age were under the supervision of the
2department under s. 938.183 or 938.34 (4m) or (4n) as a result of a judicial decision.
AB130-engrossed,366,5 3(16) Establish and enforce standards for services provided under s. 938.183,
4938.34 or 938.345. This authority does not apply to services provided by the
5department of corrections under s. 938.183 or 938.537.
AB130-engrossed,366,16 6938.49 Notification by court of transfer to department of corrections
7or of placement with department of health and social services; information
8for those departments. (1)
When the court places a juvenile in a secured
9correctional facility or secured child caring institution under the supervision of the
10department of health and social services or transfers supervision of a juvenile to the
11department of corrections, the court shall immediately notify the department under
12whose supervision the juvenile is placed of that action. The court shall, in accordance
13with procedures established by the department under whose supervision the
14juvenile is placed, provide transportation for the juvenile to a receiving center
15designated by that department or deliver the juvenile to personnel of that
16department.
AB130-engrossed,366,24 17(2) When the court places a juvenile in a secured correctional facility or a
18secured child caring institution under the supervision of the department of health
19and social services or the department of corrections, the court and all other public
20agencies shall also immediately transfer to the department under whose supervision
21the juvenile is placed a copy of the report submitted to the court under s. 938.33 or,
22if the report was presented orally, a transcript of the report and all other pertinent
23data in their possession and shall immediately notify the juvenile's last school
24district in writing of its obligation under s. 118.125 (4).
AB130-engrossed,367,12
1938.50 Examination of juveniles under supervision of department of
2health and social services. (1)
The department shall examine every juvenile who
3is placed under its supervision under s. 938.183 or 938.34 (4m) or (4n) to determine
4the type of placement best suited to the juvenile and to the protection of the public.
5This examination shall include an investigation of the personal and family history
6of the juvenile and his or her environment, any physical or mental examinations
7considered necessary to determine the type of placement that is necessary for the
8juvenile and the evaluation under s. 938.533 (2) to determine whether the juvenile
9is eligible for corrective sanctions supervision. A juvenile who is examined under this
10subsection shall be screened to determine whether the juvenile is in need of special
11treatment or care because of alcohol or other drug abuse, mental illness or severe
12emotional disturbance.
AB130-engrossed,367,15 13(2) In making this examination the department may use any facilities, public
14or private, that offer aid to it in the determination of the correct placement for the
15juvenile.
AB130-engrossed,367,25 16938.505 Juveniles placed under correctional supervision. (1) When a
17juvenile is placed under the supervision of the department of health and social
18services or the department of corrections under s. 938.183 or 938.34 or under the
19supervision of a county department under s. 938.34 (4n), the department or county
20department having supervision over the juvenile shall have the right and duty to
21protect, train, discipline, treat and confine the juvenile and to provide food, shelter,
22legal services, education and ordinary medical and dental care for the juvenile,
23subject to the rights, duties and responsibilities of the guardian of the juvenile and
24subject to any residual parental rights and responsibilities and the provisions of any
25court order.
AB130-engrossed,368,15
1(2) (a) If a juvenile 14 years of age or over who is under the supervision of the
2department of health and social services, department of corrections or a county
3department as described in sub. (1) and who is not residing in his or her home wishes
4to be administered psychotropic medication but a parent with legal custody or the
5guardian refuses to consent to the administration of psychotropic medication or
6cannot be found, or if there is no parent with legal custody, the department of health
7and social services, department of corrections or county department acting on the
8juvenile's behalf may petition the court assigned to exercise jurisdiction under this
9chapter and ch. 48 in the county in which the juvenile is located for permission to
10administer psychotropic medication to the juvenile. A copy of the petition and a
11notice of hearing shall be served upon the parent or guardian at his or her
12last-known address. If, after hearing, the court determines all of the following, the
13court shall grant permission for the department of health and social services,
14department of corrections or county department to administer psychotropic
15medication to the juvenile without the parent's or guardian's consent:
AB130-engrossed,368,1716 1. That the parent's or guardian's consent is unreasonably withheld or that the
17parent or guardian cannot be found or that there is no parent with legal custody.
AB130-engrossed,368,2018 2. That the juvenile is 14 years of age or over and is competent to consent to the
19administration of psychotropic medication and that the juvenile voluntarily
20consents to the administration of psychotropic medication.
AB130-engrossed,368,2421 3. Based on the recommendation of a physician, that the juvenile is in need of
22psychotropic medication, that psychotropic medication is appropriate for the
23juvenile's needs and that psychotropic medication is the least restrictive treatment
24consistent with the juvenile's needs.
AB130-engrossed,369,5
1(b) The court may, at the request of the department of health and social
2services, department of corrections or county department, temporarily approve the
3administration of psychotropic medication, for not more than 10 days after the date
4of the request, pending the hearing on the petition, which shall be held within those
510 days.
AB130-engrossed,369,12 6938.51 Notification of release or escape of juvenile from correctional
7custody. (1)
At least 15 days prior to the date of release of a juvenile from a secured
8correctional facility or a secured child caring institution and at least 15 days prior
9to the release of a juvenile from the supervision of the department of health and social
10services, the department of corrections or a county department, the department or
11county department having supervision or legal custody over the juvenile shall do all
12of the following:
AB130-engrossed,369,1413 (a) Notify all of the following local agencies in the community in which the
14juvenile will reside of the juvenile's return to the community:
AB130-engrossed,369,1515 1. The law enforcement agencies.
AB130-engrossed,369,1616 2. The school district.
AB130-engrossed,369,1717 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB130-engrossed,369,1918 (b) Notify any known victim of an act for which the juvenile has been found
19delinquent of the juvenile's release, if all of the following apply:
AB130-engrossed,369,2020 2. The victim can be found.
AB130-engrossed,369,2121 3. The victim has sent in a request card under sub. (2).
AB130-engrossed,369,2522 (c) Notify, if the victim died as a result of the juvenile's delinquent act and if the
23criteria under par. (b) are met, an adult member of the victim's family or, if the victim
24is younger than 18 years old and if the criteria under par. (b) are met, the victim's
25parent or legal guardian.
AB130-engrossed,370,8
1(1m) The department or county department having supervision or legal
2custody over a juvenile shall determine the local agencies that it will notify under
3sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's
4intended residence specified in the juvenile's aftercare supervision plan or, if those
5methods do not indicate the community in which the juvenile will reside following
6release from a secured correctional facility or from the supervision of the department
7of health and social services, department of corrections or county department, the
8community in which the juvenile states that he or she intends to reside.
AB130-engrossed,370,11 9(1r) The notification under sub. (1) shall include only the juvenile's name, the
10date of the juvenile's release and the type of placement to which the juvenile is
11released.
AB130-engrossed,370,21 12(2) The department of health and social services shall design and prepare cards
13for victims specified in sub. (1) (b) and (c) to send to the department or county
14department having supervision or legal custody over the juvenile. The cards shall
15have space for these persons to provide their names and addresses and any other
16information that the department of health and social services determines is
17necessary. The department of health and social services shall provide the cards,
18without charge, to district attorneys. District attorneys shall provide the cards,
19without charge, to victims specified in sub. (1) (b) and (c). These persons may send
20completed cards to the department or county department having supervision or legal
21custody over the juvenile.
AB130-engrossed,370,25 22(3) Timely release of a juvenile shall not be prejudiced by the fact that the
23department or county department having supervision or legal custody over the
24juvenile did not notify the victims or the local agencies under sub. (1) within the 15
25days.
AB130-engrossed,371,8
1(4) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after
2the department or county department having supervision or legal custody over the
3juvenile discovers that escape, that department or county department shall make a
4reasonable effort to notify by telephone any known victim of the act for which the
5juvenile was found delinquent, if the criteria under sub. (1) (b) are met; an adult
6member of the victim's family, if the victim died as a result of the juvenile's delinquent
7act and if the criteria under sub. (1) (b) are met; or the victim's parent or guardian,
8if the victim is younger than 18 years old and if the criteria under sub. (1) (b) are met.
AB130-engrossed,371,11 9938.52Facilities for care of juveniles in care of department.
10(1)
Facilities maintained or used for juveniles. The department may maintain or
11use the following facilities for juveniles in its care:
AB130-engrossed,371,1212 (a) Receiving homes to be used for the temporary care of juveniles.
AB130-engrossed,371,1313 (b) Foster homes or treatment foster homes.
AB130-engrossed,371,1414 (c) Group homes.
AB130-engrossed,371,1715 (d) Institutions, facilities and services, including without limitation forestry or
16conservation camps for the training and treatment of juveniles 10 years of age or
17older who have been adjudged delinquent.
AB130-engrossed,371,2118 (f) Other facilities deemed by the department to be appropriate for the juvenile,
19except that no state funds may be used for the maintenance of a juvenile in the home
20of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal
21funds to this state.
AB130-engrossed,372,5 22(2) Use of other facilities. (a) In addition to the facilities and services
23described in sub. (1), the department may use other facilities and services under its
24jurisdiction. The department may also contract for and pay for the use of other public
25facilities or private facilities for the care and treatment of juveniles in its care; but

1placement of juveniles in private or public facilities not under its jurisdiction does
2not terminate the supervision under s. 938.183 or 938.34 (4m) or (4n) of the
3department. Placements in institutions for the mentally ill or developmentally
4disabled shall be made in accordance with ss. 48.14 (5), 48.63 and 938.34 (6) (am) and
5ch. 51.
AB130-engrossed,372,126 (b) Public facilities are required to accept and care for persons placed with them
7by the department in the same manner as they would be required to do had the legal
8custody of these persons been transferred by a court of competent jurisdiction.
9Nothing in this subsection shall be construed to require any public facility to serve
10the department inconsistently with its functions or with the laws and regulations
11governing their activities; or to give the department authority to use any private
12facility without its consent.
AB130-engrossed,372,1513 (c) The department shall have the right to inspect all facilities it is using and
14to examine and consult with persons under its supervision under s. 938.183 or 938.34
15(4m) or (4n) who have been placed in that facility.
AB130-engrossed,372,17 16(4)Coeducational programs and institutions. The department may institute
17and maintain coeducational programs and institutions under this chapter.
AB130-engrossed,372,24 18938.53 Duration of control of department over delinquents. Except as
19provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
20been placed under the supervision of the department under s. 938.183 or 938.34 (4m)
21or (4n) shall be discharged as soon as the department determines that there is a
22reasonable probability that it is no longer necessary either for the rehabilitation and
23treatment of the juvenile or for the protection of the public that the department
24retain supervision.
AB130-engrossed,373,2
1938.532Juvenile boot camp program. (1)Program. The department
2shall provide a juvenile boot camp program for juveniles.
AB130-engrossed,373,5 3(2)Program eligibility. The department may place in the juvenile boot camp
4program any juvenile who has been placed in a secured correctional facility or a
5secured child caring institution, under the supervision of the department.
AB130-engrossed,373,9 6(3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a juvenile who has
7completed the juvenile boot camp program and who is released from a secured
8correctional facility shall be placed under aftercare supervision administered by the
9department.
AB130-engrossed,374,9 10938.533 Corrective sanctions. (2) Corrective sanctions program. From
11the appropriation under s. 20.435 (3) (hr), the department shall provide a corrective
12sanctions program to serve an average daily population of 105 juveniles, or an
13average daily population of more that 105 juveniles if the appropriation under s.
1420.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the
15program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties,
16including Milwaukee County. The juvenile offender review program in the
17department shall evaluate and select for participation in the program juveniles who
18have been placed in a secured correctional facility or a secured child caring
19institution under the supervision of the department under s. 938.183 or 938.34 (4m).
20The department shall place a program participant in the community, provide
21intensive surveillance of that participant and provide an average of $5,000 per year
22per slot to purchase community-based treatment services for each participant. The
23department shall make the intensive surveillance required under this subsection
24available 24 hours a day, 7 days a week, and may purchase or provide electronic
25monitoring for the intensive surveillance of program participants. The department

1shall provide a report center in Milwaukee County to provide on-site programming
2after school and in the evening for juveniles from Milwaukee County who are placed
3in the corrective sanctions program. A contact worker providing services under the
4program shall have a case load of approximately 10 juveniles and, during the initial
5phase of placement in the community under the program of a juvenile who is
6assigned to that contact worker, shall have not less than one face-to-face contact per
7day with that juvenile. Case management services under the program shall be
8provided by a corrective sanctions agent who shall have a case load of approximately
915 juveniles. The department shall promulgate rules to implement the program.
AB130-engrossed,374,17 10(3) Institutional status. (a) A participant in the corrective sanctions program
11remains under the supervision of the department, remains subject to the rules and
12discipline of that department and is considered to be in custody, as defined in s.
13946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition
14of that juvenile's participation in the corrective sanctions program the department
15may, without a hearing, take the juvenile into custody and place the juvenile in a
16secured detention facility or return the juvenile to placement in a Type 1 secured
17correctional facility or a secured child caring institution.
AB130-engrossed,375,218 (b) The department shall operate the corrective sanctions program as a Type
192 secured correctional facility. The secretary may allocate and reallocate existing
20and future facilities as part of the Type 2 secured correctional facility. The Type 2
21secured correctional facility is subject to s. 46.03 (1). Construction or establishment
22of a Type 2 secured correctional facility shall be in compliance with all state laws
23except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13),
24construction or establishment of a Type 2 secured correctional facility is not subject
25to the ordinances or regulations relating to zoning, including zoning under ch. 91, of

1the county and city, village or town in which the construction or establishment takes
2place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.
AB130-engrossed,375,5 3(3m) Escape. If a juvenile runs away from the juvenile's placement in the
4community while participating in the corrective sanctions program, that juvenile is
5considered to have escaped in violation of s. 946.42 (3) (c).
AB130-engrossed,376,11 6938.534 Intensive supervision program. (1) A county department may
7provide an intensive supervision program for juveniles who have been adjudicated
8delinquent and ordered to participate in an intensive supervision program under s.
9938.34 (2r). A county department that provides an intensive supervision program
10shall purchase or provide intensive surveillance and community-based treatment
11services for participants in that program and may purchase or provide electronic
12monitoring for the intensive surveillance of program participants. A caseworker
13providing services under an intensive supervision program may have a case load of
14no more than 10 juveniles and shall have not less than one face-to-face contact per
15day with each juvenile who is assigned to that caseworker. Notwithstanding ss.
16938.19 to 938.21, but subject to any general written policies adopted by the court
17under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to
18the taking into custody and placement of a juvenile under this subsection, if a
19juvenile violates a condition of the juvenile's participation in the program, the
20juvenile's caseworker may, without a hearing, take the juvenile into custody and
21place the juvenile in a secure detention facility for not more than 72 hours as a
22sanction, if at the dispositional hearing the court explained those conditions to the
23juvenile and informed the juvenile of the possibility of that sanction.
24Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies
25adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the

1county board relating to the taking into custody and placement of a juvenile under
2this subsection, the juvenile's caseworker may also, without a hearing, take the
3juvenile into custody and place the juvenile in a place of nonsecure custody for not
4more than 30 days as a sanction, if at the dispositional hearing the court informed
5the juvenile of the possibility of that sanction. If the juvenile is held in a secure
6detention facility for longer than 72 hours, the juvenile is entitled to a hearing under
7s. 938.21. The hearing shall be conducted in the manner provided in s. 938.21, except
8that the hearing shall be conducted within 72 hours, rather than 24 hours, after the
9end of the day that the decision to hold the juvenile was made and a written
10statement of the reasons for continuing to hold the juvenile in custody may be filed
11rather than a petition under s. 938.25.
AB130-engrossed,376,16 12(2) The department shall promulgate rules specifying the requirements for an
13intensive supervision program under this section. The rules shall include rules that
14govern the use of placement in a secure detention facility for not more than 72 hours
15and the use of placement in a place of nonsecure custody for not more than 30 days
16as sanctions.
AB130-engrossed,376,23 17938.535 Early release and intensive supervision program; limits. The
18department may establish a program for the early release and intensive supervision
19of juveniles who have been placed in a secured correctional facility or a secured child
20caring institution under s. 938.183 or 938.34 (4m). The program may not include any
21juveniles who have been placed in a secured correctional facility or a secured caring
22institution as a result of a delinquent act involving the commission of a violent crime
23as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
AB130-engrossed,376,25 24938.538 Serious juvenile offender program. (1) Definition. In this
25section, "department" means the department of corrections.
AB130-engrossed,377,4
1(2) Program administration and design. The department shall administer a
2serious juvenile offender program for juveniles who have been adjudicated
3delinquent and ordered to participate in the program under s. 938.34 (4h). The
4department shall design the program to provide all of the following:
AB130-engrossed,377,75 (a) Supervision, care and rehabilitation that is less costly than ordinary
6placement in a secured correctional facility under s. 938.34 (4m) and more restrictive
7than ordinary supervision in the community.
AB130-engrossed,377,88 (b) Component phases that are intensive and highly structured.
AB130-engrossed,377,119 (c) A series of component phases for each participant that is based on public
10safety considerations and the participant's need for supervision, care and
11rehabilitation.
AB130-engrossed,377,13 12(3) Component phases. (a) The department shall provide each participant with
13one or more of the following sanctions:
AB130-engrossed,377,1614 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility or,
15if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01
16(5), for a period of not more than 3 years.
AB130-engrossed,377,2217 1m. If the participant has been adjudicated delinquent for committing an act
18that would be a Class A felony if committed by an adult, placement in a Type 1
19secured correctional facility or, if the participant is 17 years of age or over, a Type 1
20prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless
21the participant is released sooner, subject to a mandatory minimum period of
22confinement of not less than one year.
AB130-engrossed,377,2323 2. Intensive or other field supervision.
AB130-engrossed,377,2424 3. Electronic monitoring.
AB130-engrossed,377,2525 4. Alcohol or other drug abuse outpatient treatment and services.
AB130-engrossed,378,1
15. Mental health treatment and services.
AB130-engrossed,378,22 6. Community service.
AB130-engrossed,378,33 7. Restitution.
AB130-engrossed,378,44 8. Transitional services for education and employment.
AB130-engrossed,378,55 9. Other programs as prescribed by the department.
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