AB150-engrossed,879,1818
48.48
(4m) (a) Is at least
18 17 years of age;
AB150-engrossed, s. 2529m
19Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin
20Act .... (this act), is repealed.
AB150-engrossed,879,2423
48.48
(4m) (b) Was in the legal custody of the department or under its
24supervision under s. 48.34 (4m) or (4n) when the person reached
18 17 years of age;
AB150-engrossed, s. 2530m
1Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is repealed.
AB150-engrossed,880,1410
48.48
(12) (a) To enter into an agreement to assist in the cost of care of a child
11after legal adoption when the department has determined that such assistance is
12necessary to assure the child's adoption. Agreements under this paragraph shall be
13made in accordance with s. 48.975. Payments shall be made from the appropriation
14under s. 20.435
(7) (3) (dd).
AB150-engrossed,880,1816
48.48
(13) To promulgate rules for the payment of an allowance to children in
17its institutions and a cash grant to a child being discharged from its institutions
or
18released to aftercare or corrective sanctions supervision.
AB150-engrossed,881,221
48.48
(14) To pay maintenance, tuition and related expenses from the
22appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
23reached
18 17 years of age were students regularly attending a school, college or
24university or regularly attending a course of vocational or technical training
25designed to fit them for gainful employment, and who when reaching that age were
1in the legal custody of the department or under its supervision under s. 48.34 (4m)
2or (4n) as a result of a judicial decision.
AB150-engrossed,881,86
48.48
(16) To establish and enforce standards for services provided under
ss. 748.34 and s. 48.345
(1) (a) and (e). This authority does not apply to services provided
8by the department of corrections under s. 48.366 (8).
AB150-engrossed, s. 2535m
9Section 2535m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377,
10385 and 491, is repealed.
AB150-engrossed, s. 2536m
11Section 2536m. 48.50 of the statutes, as affected by 1993 Wisconsin Acts 385
12and 491, is repealed.
AB150-engrossed,882,2
1548.505 (title)
Children placed in a secured correctional facility or on
16aftercare under supervision of department of health and social services or
17county department. The When a child is under the supervision of the department
18of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366
19or under the supervision of a county department under s. 48.34 (4n), the department
20or county department having supervision over the child shall have the right and duty
21to protect, train, discipline, treat and confine
a child who is placed in a secured
22correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and
23to provide food, shelter, legal services, education and ordinary medical and dental
24care for the child, subject to the rights, duties and responsibilities of the guardian of
1the child and subject to any residual parental rights and responsibilities and the
2provisions of any court order.
AB150-engrossed,882,14
548.505 Children placed under supervision of department of
6corrections or county department. When a child is under the supervision of the
7department of corrections under s. 48.34 (4h), (4m) or (4n), 48.357 (4) or (5) (e) or
848.366 or under the supervision of a county department under s. 48.34 (4n), the
9department of corrections or county department having supervision over the child
10shall have the right and duty to protect, train, discipline, treat and confine the child
11and to provide food, shelter, legal services, education and ordinary medical and
12dental care for the child, subject to the rights, duties and responsibilities of the
13guardian of the child and subject to any residual parental rights and responsibilities
14and the provisions of any court order.
AB150-engrossed, s. 2539m
17Section 2539m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
18Acts 377 and 385, is amended to read:
AB150-engrossed,882,2219
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
20secured correctional facility or a placement in the community under the corrective
21sanctions program
or the youthful offender program, the department of health and
22social services
or the department of corrections shall:
AB150-engrossed, s. 2540m
23Section 2540m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
24Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB150-engrossed, s. 2540r
1Section 2540r. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts
2377 and 385, is repealed.
AB150-engrossed,883,8
748.52 (title)
Facilities for care of children in care of department of
8health and social services.
AB150-engrossed,883,1912
48.52
(2) (a) In addition to the facilities and services described in sub. (1), the
13department may use other facilities and services under its jurisdiction. The
14department may also contract for and pay for the use of other public facilities or
15private facilities for the care and treatment of children in its care
; but placement of
16children in private or public facilities not under its jurisdiction does not terminate
17the legal custody or supervision under s. 48.34 (4m) or (4n) of the department.
18Placements in institutions for the mentally ill or developmentally disabled shall be
19made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.
AB150-engrossed,883,2522
48.52
(2) (c) The department shall have the right to inspect all facilities it is
23using and to examine and consult with persons
in its legal custody or under its
24supervision under s. 48.34 (4m) or (4n) who have been whom the department has 25placed in that facility.
AB150-engrossed,884,64
48.532
(1) Program. Beginning 1995, the The department shall provide a
5juvenile boot camp program for children
who have been placed under s. 48.34 (4m)
6in a secured correctional facility under the supervision of the department.
AB150-engrossed, s. 2543m
7Section 2543m. 48.532 (1) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is repealed and recreated to read:
AB150-engrossed,884,119
48.532
(1) Program. The department of corrections shall provide a juvenile
10bootcamp program for children who have been placed in the serious juvenile offender
11program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m).
AB150-engrossed,884,1613
48.532
(2) Program eligibility. The department may place in the juvenile boot
14camp program any child
whose legal custody has been transferred to the department
15under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a
16secured correctional facility
under the supervision of the department.
AB150-engrossed, s. 2544m
17Section 2544m. 48.532 (2) of the statutes, as affected by 1995 Wisconsin Act
18.... (this act), is repealed and recreated to read:
AB150-engrossed,884,2219
48.532
(2) Program eligibility. The department of corrections may place in the
20juvenile boot camp program any child who has been placed in the serious juvenile
21offender program under s. 48.34 (4h) or in a secured correctional facility under s.
2248.34 (4m).
AB150-engrossed,885,224
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
25has completed the juvenile boot camp program and who is released from a secured
1correctional facility shall be placed under aftercare supervision administered by the
2department.
AB150-engrossed, s. 2545m
3Section 2545m. 48.532 (3) of the statutes, as created by 1995 Wisconsin Act
4.... (this act), is amended to read:
AB150-engrossed,885,85
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
6has completed the juvenile boot camp program and who is released from a secured
7correctional facility shall be placed under aftercare supervision administered by the
8department
of corrections.
AB150-engrossed,886,1111
48.533
(2) Corrective sanctions program. From the appropriation under s.
1220.435 (3)
(a) (hr), the department shall provide
$433,500, and from the
13appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for 14a corrective sanctions program
, beginning on July 1, 1994, to serve an average daily
15population of 105 children, or an average daily population of more that 105 children
16if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515
17and the positions for the program are increased under s. 13.101 or 16.505 (2), in not
18less than 3 counties, including Milwaukee county. The juvenile offender review
19program
in the division of youth services in the department shall evaluate and select
20for participation in the program children who have been placed in a secured
21correctional facility under s. 48.34 (4m). The department shall place a program
22participant in the community, provide intensive surveillance of that participant and
23provide an average of $5,000 per year per participant to purchase community-based
24treatment services for each participant. The department shall make the intensive
25surveillance required under this subsection available 24 hours a day, 7 days a week,
1and may purchase or provide electronic monitoring for the intensive surveillance of
2program participants. The department shall provide a report center in Milwaukee
3county to provide on-site programming after school and in the evening for children
4from Milwaukee county who are placed in the corrective sanctions program. A
5contact worker providing services under the program shall have a case load of
6approximately 10 children and, during the initial phase of placement in the
7community under the program of a child who is assigned to that contact worker, shall
8have not less than one face-to-face contact per day with that child. Case
9management services under the program shall be provided by a corrective sanctions
10agent who shall have a case load of approximately 15 children. The department shall
11promulgate rules to implement the program.
AB150-engrossed, s. 2547p
12Section 2547p. 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed and recreated to read:
AB150-engrossed,887,1414
48.533
(2) Corrective sanctions program. From the appropriation under s.
1520.410 (3) (hr), the department of corrections shall provide a corrective sanctions
16program to serve an average daily population of 105 children, or an average daily
17population of more that 105 children if the appropriation under s. 20.410 (3) (hr) is
18supplemented under s. 13.101 or 16.515 and the positions for the program are
19increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including
20Milwaukee County. The juvenile offender review program in the division of juvenile
21corrections in the department of corrections shall evaluate and select for
22participation in the program children who have been placed in the serious juvenile
23offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34
24(4m). The department of corrections shall place a program participant in the
25community, provide intensive surveillance of that participant and provide an
1average of $5,000 per year per participant to purchase community-based treatment
2services for each participant. The department of corrections shall make the intensive
3surveillance required under this subsection available 24 hours a day, 7 days a week,
4and may purchase or provide electronic monitoring for the intensive surveillance of
5program participants. The department of corrections shall provide a report center
6in Milwaukee County to provide on-site programming after school and in the
7evening for children from Milwaukee County who are placed in the corrective
8sanctions program. A contact worker providing services under the program shall
9have a case load of approximately 10 children and, during the initial phase of
10placement in the community under the program of a child who is assigned to that
11contact worker, shall have not less than one face-to-face contact per day with that
12child. Case management services under the program shall be provided by a
13corrective sanctions agent who shall have a case load of approximately 15 children.
14The department of corrections shall promulgate rules to implement the program.
AB150-engrossed,888,417
48.533
(3) Institutional status. A participant in the
pilot program under sub.
18(1) or the program under sub. (2) remains under the supervision of the department,
19remains subject to the rules and discipline of that department and is considered to
20be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if
21a child violates a condition of that child's participation in the
pilot program under
22sub. (1) or the program under sub. (2) the department may, without a hearing, take
23the child into custody and return the child to placement in a secured correctional
24facility for up to 72 hours as a sanction for that violation. If the child is returned to
25a secured correctional facility, for longer than 72 hours, the child is entitled to a
1hearing under s. 48.357 (5). If a child runs away from the child's placement in the
2community while participating in the
pilot program under sub. (1) or the program
3under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3)
4(c).
AB150-engrossed,888,187
48.533
(3) Institutional status. A participant in the program under sub. (2)
8remains under the supervision of the department of corrections, remains subject to
9the rules and discipline of that department of corrections and is considered to be in
10custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, but subject
11to s. 48.538 (4), if a child violates a condition of that child's participation in the
12program under sub. (2) the department of corrections may, without a hearing, take
13the child into custody and return the child to placement in a secured correctional
14facility for up to 72 hours as a sanction for that violation. If the child is returned to
15a secured correctional facility, for longer than 72 hours, the child is entitled to a
16hearing under s. 48.357 (5). If a child runs away from the child's placement in the
17community while participating in the program under sub. (2), that child is
18considered to have escaped in violation of s. 946.42 (3) (c).
AB150-engrossed,888,2420
48.534
(2) The department
of corrections shall promulgate rules specifying the
21requirements for an intensive supervision program under this section. The rules
22shall include rules that govern the use of placement in a secure detention facility for
23not more than 72 hours as a sanction for a violation of a condition of a child's
24participation in the program.
AB150-engrossed,889,9
348.535 Early release and intensive supervision program; limits. The
4department
of corrections may establish a program for the early release and
5intensive supervision of children who have been placed in a secured correctional
6facility under s. 48.34 (4m). The program may not include any children who have
7been placed in a secured correctional facility as a result of a delinquent act involving
8the commission of a violent crime as defined in s. 969.035, but not including the crime
9specified in s. 948.02 (1).
AB150-engrossed,889,15
1448.538 Serious offender program. (1) Definition. In this section,
15"department" means the department of corrections.
AB150-engrossed,889,19
16(2) Program administration and design. The department shall administer a
17serious juvenile offender program for children who have been adjudicated
18delinquent and ordered to participate in the program under s. 48.34 (4h). The
19department shall design the program to provide all of the following:
AB150-engrossed,889,2120
(a) Supervision, care and rehabilitation that is more restrictive than ordinary
21supervision in the community.
AB150-engrossed,889,2222
(b) Component phases that are intensive and highly structured.
AB150-engrossed,889,2523
(c) A series of component phases for each participant that is based on public
24safety considerations and the participant's need for supervision, care and
25rehabilitation.
AB150-engrossed,890,2
1(3) Component phases. (a) The department shall provide each participant with
2one or more of the following sanctions:
AB150-engrossed,890,53
1. Subject to subd. 1m., placement in a secured correctional facility, a secured
4child caring institution or, if the participant is 17 years of age or over, a Type 1 prison,
5as defined in s. 301.01 (5), for a period of not more than 3 years.
AB150-engrossed,890,116
1m. If the participant has been adjudicated delinquent for committing an act
7that would be a Class A felony if committed by an adult, placement in a secured
8correctional facility, a secured child caring institution or, if the participant is 17 years
9of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches
1025 years of age, unless the participant is released sooner, subject to a mandatory
11minimum period of confinement of not less than one year.
AB150-engrossed,890,1312
1p. Alternate care, including placement in a foster home, treatment foster
13home, group home or child caring institution.
AB150-engrossed,890,1614
2. Intensive or other field supervision, including corrective sanctions
15supervision under s. 48.533, aftercare supervision or, if the participant is 17 years
16of age or over, intensive sanctions supervision under s. 301.048.
AB150-engrossed,890,1717
3. Electronic monitoring.
AB150-engrossed,890,1818
4. Alcohol or other drug abuse outpatient treatment and services.
AB150-engrossed,890,1919
5. Mental health treatment and services.
AB150-engrossed,890,2020
6. Community service.
AB150-engrossed,890,2222
8. Transitional services for education and employment.
AB150-engrossed,890,2323
9. Other programs as prescribed by the department.
AB150-engrossed,891,424
(b) The department may provide the sanctions under par. (a) in any order, may
25provide more than one sanction at a time and may return to a sanction that was used
1previously for a participant. Notwithstanding ss. 48.357, 48.363 and 48.533 (3), a
2participant is not entitled to a hearing regarding the department's exercise of
3authority under this subsection unless the department provides for a hearing by
4rule.