AB130,360,1212 (a) Receiving homes to be used for the temporary care of juveniles.
AB130,360,1313 (b) Foster homes or treatment foster homes.
AB130,360,1414 (c) Group homes.
AB130,360,1715 (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.
AB130,360,2118 (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.
AB130,361,5 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.
AB130,361,126 (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.
AB130,361,1513 (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.
AB130,361,17 16(4)Coeducational programs and institutions. The department may institute
17and maintain coeducational programs and institutions under this chapter.
AB130,361,24 18938.53 Duration of control of department over delinquents. Except as
19provided under ss. 938.183 and 938.366, 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.
AB130,362,2
1938.532Juvenile boot camp program. (1)Program. The department
2shall provide a juvenile boot camp program for juveniles.
AB130,362,5 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.
AB130,363,7 6938.533 Corrective sanctions. (2) Corrective sanctions program. From
7the appropriation under s. 20.435 (3) (a), the department shall provide $433,500, and
8from the appropriation under s. 20.435 (3) (hr), the department shall provide
9$2,192,900, for a corrective sanctions program to serve an average daily population
10of 105 juveniles, or an average daily population of more that 105 juveniles if the
11appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and
12the positions for the program are increased under s. 13.101 or 16.505 (2), in not less
13than 3 counties, including Milwaukee County. The juvenile offender review program
14in the division of youth services in the department shall evaluate and select for
15participation in the program juveniles who have been placed in a secured
16correctional facility or a secured child caring institution under the supervision of the
17department under s. 938.183 or 938.34 (4m). The department shall place a program
18participant in the community, provide intensive surveillance of that participant and
19provide an average of $5,000 per year per slot to purchase community-based
20treatment services for each participant. The department shall make the intensive
21surveillance required under this subsection available 24 hours a day, 7 days a week,
22and may purchase or provide electronic monitoring for the intensive surveillance of
23program participants. The department shall provide a report center in Milwaukee
24County to provide on-site programming after school and in the evening for juveniles
25from Milwaukee County who are placed in the corrective sanctions program. A

1contact worker providing services under the program shall have a case load of
2approximately 10 juveniles and, during the initial phase of placement in the
3community under the program of a juvenile who is assigned to that contact worker,
4shall have not less than one face-to-face contact per day with that juvenile. Case
5management services under the program shall be provided by a corrective sanctions
6agent who shall have a case load of approximately 15 juveniles. The department
7shall promulgate rules to implement the program.
AB130,363,15 8(3) Institutional status. (a) A participant in the corrective sanctions program
9remains under the supervision of the department, remains subject to the rules and
10discipline of that department and is considered to be in custody, as defined in s.
11946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition
12of that juvenile's participation in the corrective sanctions program the department
13may, without a hearing, take the juvenile into custody and place the juvenile in a
14secured detention facility or return the juvenile to placement in a Type 1 secured
15correctional facility or a secured child caring institution.
AB130,363,2516 (b) The department shall operate the corrective sanctions program as a Type
172 secured correctional facility. The secretary may allocate and reallocate existing
18and future facilities as part of the Type 2 secured correctional facility. The Type 2
19secured correctional facility is subject to s. 46.03 (1). Construction or establishment
20of a Type 2 secured correctional facility shall be in compliance with all state laws
21except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13),
22construction or establishment of a Type 2 secured correctional facility is not subject
23to the ordinances or regulations relating to zoning, including zoning under ch. 91, of
24the county and city, village or town in which the construction or establishment takes
25place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.
AB130,364,3
1(3m) Escape. If a juvenile runs away from the juvenile's placement in the
2community while participating in the corrective sanctions program, that juvenile is
3considered to have escaped in violation of s. 946.42 (3) (c).
AB130,365,4 4938.534 Intensive supervision program. (1) A county department may
5provide an intensive supervision program for juveniles who have been adjudicated
6delinquent and ordered to participate in an intensive supervision program under s.
7938.34 (2r). A county department that provides an intensive supervision program
8shall purchase or provide intensive surveillance and community-based treatment
9services for participants in that program and may purchase or provide electronic
10monitoring for the intensive surveillance of program participants. A caseworker
11providing services under an intensive supervision program may have a case load of
12no more than 10 juveniles and shall have not less than one face-to-face contact per
13day with each juvenile who is assigned to that caseworker. Notwithstanding ss.
14938.19 to 938.21, if a juvenile violates a condition of the juvenile's participation in
15the program, the juvenile's caseworker may, without a hearing, take the juvenile into
16custody and place the juvenile in a secure detention facility for not more than 72
17hours while the alleged violation is being investigated, if at the dispositional hearing
18the court explained those conditions to the juvenile and informed the juvenile of the
19possibility of that placement. Notwithstanding ss. 938.19 to 938.21, the juvenile's
20caseworker may also, without a hearing, take the juvenile into custody and place the
21juvenile in a place of nonsecure custody for not more than 30 days as crisis
22intervention, if the juvenile is in need of crisis intervention and if at the dispositional
23hearing the court informed the juvenile of the possibility of that placement. If the
24juvenile is held in a secure detention facility for longer than 72 hours, the juvenile
25is entitled to a hearing under s. 938.21. The hearing shall be conducted in the

1manner provided in s. 938.21, except that the hearing shall be conducted within 72
2hours, rather than 24 hours, after the end of the day that the decision to hold the
3juvenile was made and a written statement of the reasons for continuing to hold the
4juvenile in custody may be filed rather than a petition under s. 938.25.
AB130,365,10 5(2) The department shall promulgate rules specifying the requirements for an
6intensive supervision program under this section. The rules shall include rules that
7govern the use of placement in a secure detention facility for not more than 72 hours
8while a violation of a condition of a juvenile's participation in the program is being
9investigated and the use of placement in a place of nonsecure custody for not more
10than 30 days as crisis intervention.
AB130,365,13 11(3) From the appropriation under s. 20.435 (3) (bg), the department shall
12award $100,000 in fiscal year 1995-96 as grants to county departments to provide
13intensive supervision programs under this section.
AB130,365,20 14938.535 Early release and intensive supervision program; limits. The
15department may establish a program for the early release and intensive supervision
16of juveniles who have been placed in a secured correctional facility or a secured child
17caring institution under s. 938.183 or 938.34 (4m). The program may not include any
18juveniles who have been placed in a secured correctional facility or a secured caring
19institution as a result of a delinquent act involving the commission of a violent crime
20as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
AB130,365,25 21938.536Intensive aftercare program. (1)Purpose. The purpose of the
22intensive aftercare program is to reduce the rate of recidivism of juveniles who have
23been released from secured correctional facilities and child caring institutions by
24determining the types and levels of intensity of programs, services and supervision
25that are effective in reducing the rate of recidivism for juveniles on aftercare.
AB130,366,5
1(2)Intensive aftercare program establishment. The department shall
2conduct an intensive aftercare program for juveniles who have been placed in a
3secured correctional facility or a secured child caring institution under s. 938.183 or
4938.34 (4m) or a child caring institution under s. 938.34 (3) (d) and who have been
5released on aftercare from any of those placements.
AB130,366,15 6(3)Selection of grant recipients. (a) From the appropriation under s. 20.435
7(3) (au), the department shall award grants to counties that are selected to
8participate in the intensive aftercare program. The department may award grants
9to single counties or to counties that apply jointly to operate a single intensive
10aftercare program. The applications shall be submitted by, and the grants shall be
11awarded to, the county department in each county that administers community
12youth and family aids under s. 46.26. In awarding grants under this paragraph, the
13department shall give preference to counties that operated intensive aftercare pilot
14programs under s. 48.535, 1991 stats., on January 1, 1993. No county may receive
15a grant or grants under this paragraph totaling more than $75,000 in any year.
AB130,366,1916 (b) The department shall select intensive aftercare program grant recipients
17based on applications submitted to the department. Applications and selection shall
18be in accordance with the request-for-proposal procedures established by the
19department. Each application shall do all of the following:
AB130,366,2120 1. Identify the applicant's goals relating to recidivism for juveniles
21participating in the intensive aftercare program.
AB130,367,222 2. Assure that the aftercare services available to the participants will include
23school tutoring and other educational services; vocational training and counseling;
24alcohol and other drug abuse outpatient treatment, intervention and education;

1family counseling; employment services; recreational opportunities; and assistance
2with independent-living arrangements.
AB130,367,43 3. Identify the manner in which the participants who are in need of various
4aftercare services will obtain or have access to those services.
AB130,367,95 4. If par. (c) 2. applies, identify the method for random selection of the intensive
6aftercare program participants. The random selection of participants shall operate
7to ensure that the intensive aftercare program participants are as representative as
8possible of the characteristics of the total population of juveniles on aftercare in the
9geographic area designated under par. (c) 2.
AB130,367,1210 5. Include proof that the applicant is able to provide matching funds for the
11applicant's program under this section from sources other than a grant awarded
12under par. (a) equal to 25% of the amount awarded under par. (a).
AB130,367,1613 (c) 1. Except if subd. 2. applies, the application shall ensure that the intensive
14aftercare program will be provided to each juvenile who is eligible under sub. (4) for
15the intensive aftercare program in the county or counties that the applicant or joint
16applicants represent.
AB130,367,2217 2. If an applicant is a single county with a population of 500,000 or more, the
18application may specify a particular geographic area within the county in which the
19intensive aftercare program will be administered. The application shall ensure that
20the intensive aftercare program will be provided to each juvenile who is in the
21geographic area and eligible under sub. (4) and who meets the random selection
22criteria established under par. (b) 4.
AB130,367,25 23(4)Eligibility. A juvenile who resides in a county that receives a grant to
24administer an intensive aftercare program is eligible for the intensive aftercare
25program if any of the following applies:
AB130,368,4
1(a) The juvenile is placed in a secured correctional facility or child caring
2institution as a result of a conviction under s. 938.183 or an adjudication of
3delinquency under s. 938.34 during the time in which the intensive aftercare
4program is administered.
AB130,368,75 (b) The juvenile is released from a secured correctional facility or child caring
6institution on aftercare during the time in which the intensive aftercare program is
7being administered.
AB130,368,10 8(5)Components of intensive aftercare program. Each grant recipient shall
9ensure that the intensive aftercare program will include all of the following
10components:
AB130,368,1611 (a) That participants in the intensive aftercare program will receive not less
12than one supervisory contact per day, for the first 60 days of participation in the
13program, with a person designated to provide aftercare services and that, after 60
14days of participation in the program, participants may receive less than one
15supervisory contact per day if all of the participant's aftercare services providers
16agree that a reduced level of supervisory contact is appropriate.
AB130,369,717 (b) That, if a juvenile participating in the intensive aftercare program enters
18a secured correctional facility or a child caring institution as a result of a conviction
19under s. 938.183 or an adjudication of delinquency under s. 938.34, the grant
20recipient will designate a case manager for that juvenile. For any juvenile who meets
21the criteria under sub. (4) (b), a case manager will be appointed at the earliest
22possible opportunity prior to the juvenile's release. The case manager shall act as
23a liaison between the secured correctional facility or child caring institution and the
24intensive aftercare program and develop an intensive aftercare plan to be
25implemented upon the juvenile's release from the secured correctional facility or

1child caring institution. The plan shall specify the number of contacts that the
2juvenile shall receive under the intensive aftercare program, the programs and
3services to be provided to the juvenile while on intensive aftercare, the planning and
4treatment goals of the juvenile's participation in the intensive aftercare program and
5the estimated length of time that the juvenile will participate in the intensive
6aftercare program. The plan shall be developed in consultation with representatives
7of the division of youth services in the department.
AB130,369,138 (c) That intensive aftercare will be provided to each juvenile participating in
9the intensive aftercare program for a period of not less than 90 days from the date
10on which the juvenile is released from the secured correctional facility or child caring
11institution. The participant may receive intensive aftercare programming and
12services after this minimum period if necessary to ensure that planning and
13treatment goals for the juvenile are met.
AB130,369,1814 (d) That the programs and services specified in sub. (3) (b) 2. will be provided,
15or made available, to an intensive aftercare program participant in accordance with
16the aftercare plan and the participant's needs. Grant recipients may provide these
17programs and services directly or through a public or private provider under contract
18with the grant recipient.
AB130,369,22 19(6)Minimum qualifications of providers. (a) A case manager providing
20services under sub. (5) (b) shall have at least a bachelor's degree and 2 years of
21experience in working with delinquent juveniles, as specified by the department, or
22a master's degree.
AB130,369,2523 (b) Persons engaging in the supervisory contacts under sub. (5) (a) shall have
24at least a bachelor's degree or a minimum of 2 years of experience in working with
25delinquent juveniles, as specified by the department, or both.
AB130,370,2
1938.537 Youthful offender program. (1)Definition. In this section,
2"department" means the department of corrections.
AB130,370,6 3(2)Program administration and design. The department shall administer a
4youthful offender program for juveniles who have been adjudicated delinquent and
5ordered to participate in the program under s. 938.34 (4g). The department shall
6design the program to provide all of the following:
AB130,370,97 (a) Supervision, care and rehabilitation that is less costly than ordinary
8placement in a secured correctional facility under s. 938.34 (4m) and more restrictive
9than ordinary supervision in the community.
AB130,370,1010 (b) Component phases that are intensive and highly structured.
AB130,370,1311 (c) A series of component phases for each participant that is based on public
12safety considerations and the participant's need for supervision, care and
13rehabilitation.
AB130,370,15 14(3)Component phases. (a) The department shall provide each participant
15with one or more of the following sanctions:
AB130,370,1816 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility or,
17if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01
18(5), for a period of not more than 3 years.
AB130,370,2419 1m. If the participant has been adjudicated delinquent for committing an act
20that would be a Class A felony if committed by an adult, placement in a Type 1
21secured correctional facility or, if the participant is 17 years of age or over, a Type 1
22prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless
23the participant is released sooner, subject to a mandatory minimum period of
24confinement of not less than one year.
AB130,370,2525 2. Intensive or other field supervision.
AB130,371,1
13. Electronic monitoring.
AB130,371,22 4. Alcohol or other drug abuse outpatient treatment and services.
AB130,371,33 5. Mental health treatment and services.
AB130,371,44 6. Community service.
AB130,371,55 7. Restitution.
AB130,371,66 8. Transitional services for education and employment.
AB130,371,77 9. Other programs as prescribed by the department.
AB130,371,128 (b) The department may provide the sanctions under par. (a) in any order, may
9provide more than one sanction at a time and may return to a sanction that was used
10previously for a participant. Notwithstanding ss. 938.357 and 938.363, a participant
11is not entitled to a hearing regarding the department's exercise of authority under
12this subsection unless the department provides for a hearing by rule.
AB130,371,20 13(4) Institutional status. (a) A participant in the youthful offender program
14is in the legal custody and under the control of the department and is subject to the
15rules and discipline of the department. Notwithstanding ss. 938.19 to 938.21, if a
16participant violates a condition of his or her participation in the program under sub.
17(3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department
18may, without a hearing, take the participant into custody and return him or her to
19placement in a Type 1 secured correctional facility or, if the participant is 17 years
20of age or over, a Type 1 prison, as defined in s. 301.01 (5).
AB130,372,621 (b) The department shall operate the component phases of the program
22specified in sub. (3) (a) 2. to 9. as a Type 2 secured correctional facility. The secretary
23of corrections may allocate and reallocate existing and future facilities as part of the
24Type 2 secured correctional facility. The Type 2 secured correctional facility is subject
25to s. 301.02. Construction or establishment of a Type 2 secured correctional facility

1shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to
2the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured
3correctional facility is not subject to the ordinances or regulations relating to zoning,
4including zoning under ch. 91, of the county and city, village or town in which the
5construction or establishment takes place and is exempt from inspections required
6under s. 301.36.
AB130,372,11 7(4m) Escape. Any intentional failure of a participant to remain within the
8extended limits of his or her placement while participating in the youthful offender
9program or to return within the time prescribed by the administrator of the division
10of intensive sanctions in the department is considered an escape under s. 946.42 (3)
11(c).
AB130,372,15 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 youthful offender program. Parole supervision of the
15participant shall be provided by the department.
AB130,372,1916 (b) The department may discharge a participant from participation in the
17youthful offender program and from departmental custody and control at any time
18after the participant has completed 3 years of participation in the youthful offender
19program.
AB130,372,2220 (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 youthful offender
22program.
AB130,372,2523 (dm) The department of corrections may not transfer legal custody and control
24over a participant in the youthful offender program to the department of health and
25social services.
AB130,373,6
1(6)Purchase of services. The department of corrections may contract with
2the department of health and social services, a county department or any public or
3private agency for the purchase of goods, care and services for participants in the
4youthful offender program. The department of corrections shall reimburse a person
5from whom it purchases goods, care or services under this subsection from the
6appropriation under s. 20.410 (1) (am).
AB130,373,7 7(6m)Minority hiring. (a) In this subsection:
AB130,373,118 1. "American Indian" means a person who is enrolled as a member of a federally
9recognized American Indian tribe or band or who possesses documentation of at least
10one-fourth American Indian ancestry or documentation of tribal recognition as an
11American Indian.
AB130,373,1312 2. "Black" means a person whose ancestors originated in any of the black racial
13groups of Africa.
AB130,373,1614 3. "Hispanic" means a person of any race whose ancestors originated in Mexico,
15Puerto Rico, Cuba, Central America or South America or whose culture or origin is
16Spanish.
AB130,373,1717 4. "Minority group member" means a Black, a Hispanic or an American Indian.
AB130,374,218 (b) In the selection of classified service employes for a secured correctional
19facility operated by the department for the placement of program participants under
20this section, the appointing authority shall make every effort to use the expanded
21certification program under s. 230.25 (1n) or rules of the administrator of the division
22of merit recruitment and selection in the department of employment relations to
23ensure that the percentage of employes who are minority group members
24approximates the percentage of the juveniles placed at that secured correctional
25facility who are minority group members. The administrator of the division of merit

1recruitment and selection in the department of employment relations shall provide
2guidelines for the administration of this selection procedure.
AB130,374,3 3(7)Rules. The department shall promulgate rules to implement this section.
AB130,374,9 4938.54 Records. The department shall keep a complete record on each
5juvenile under its supervision under s. 938.183 or 938.34 (4m) or (4n). This record
6shall include the information received from the court, the date of reception, all
7available data on the personal and family history of the juvenile, the results of all
8tests and examinations given the juvenile, and a complete history of all placements
9of the juvenile while under the supervision of the department.
AB130,374,23 10938.547 Juvenile alcohol and other drug abuse pilot program.
11(1)
Legislative findings and purpose. The legislature finds that the use and abuse
12of alcohol and other drugs by juveniles is a state responsibility of statewide
13dimension. The legislature recognizes that there is a lack of adequate procedures to
14screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the
15incidence of alcohol and other drug abuse by juveniles, the legislature deems it
16necessary to experiment with solutions to the problems of the use and abuse of
17alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug
18abuse pilot program in a limited number of counties. The purpose of the program is
19to develop intake and court procedures that screen, assess and give new dispositional
20alternatives for juveniles with needs and problems related to the use of alcohol
21beverages or controlled substances who come within the jurisdiction of a court
22assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties
23selected by the department.
AB130,375,8 24(2)Department responsibilities. Within the availability of funding under s.
2520.435 (7) (mb) that is available for the pilot program, the department shall select

1counties to participate in the pilot program. Unless a county department of human
2services has been established under s. 46.23 in the county that is seeking to
3implement a pilot program, the application submitted to the department shall be a
4joint application by the county department that provides social services and the
5county department established under s. 51.42 or 51.437. The department shall
6select counties in accordance with the request-for-proposal procedures established
7by the department. The department shall give a preference to county applications
8that include a plan for case management.
AB130,375,12 9(3)Multidisciplinary screen. The multidisciplinary screen developed for the
10pilot program shall be used by an intake worker to determine whether or not a
11juvenile is in need of an alcohol or other drug abuse assessment. The screen shall
12also include indicators that screen juveniles for:
AB130,375,1313 (a) Family dysfunction.
AB130,375,1414 (b) School or truancy problems.
AB130,375,1515 (c) Mental health problems.
AB130,375,1616 (d) Delinquent behavior patterns.
AB130,375,24 17(4) Assessment criteria. The uniform alcohol and other drug abuse
18assessment criteria that the department developed shall be used in the pilot program
19under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g).
20An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3.,
21938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the
22person with treatment unless the department permits the approved treatment
23facility to do both in accordance with the criteria established by rule by the
24department.
AB130,376,3
1938.548Multidisciplinary screen and assessment criteria. The
2department shall make the multidisciplinary screen developed under s. 938.547 (3)
3and the assessment criteria developed under s. 938.547 (4) available to all counties.
AB130,376,6 4938.549 Juvenile classification system. (1) The department shall make
5available to all counties a juvenile classification system that includes at least all of
6the following:
AB130,376,87 (a) A risk assessment instrument for determining the probability that a
8juvenile who has committed an offense will commit another offense.
AB130,376,109 (b) A needs assessment instrument for determining the service needs of a
10juvenile who has committed an offense.
AB130,376,1311 (c) A services and placement guide for integrating the risk and needs of a
12juvenile who has committed an offense with other factors to determine an
13appropriate placement and level of services for the juvenile.
AB130,376,15 14(2) A county may use the juvenile classification system to do any of the
15following:
AB130,376,1716 (a) At the time of an intake inquiry, determine whether to close a case, enter
17into a deferred prosecution agreement or refer the case to the district attorney.
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