AB150: Bill Text Engrossed

AB150-engrossed, s. 2549g Section 2549g. 48.534 (2) of the statutes is amended to read:

AB150-engrossed,888,24 48.534 (2) The department of corrections shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include rules that govern the use of placement in a secure detention facility for not more than 72 hours as a sanction for a violation of a condition of a child's participation in the program.

AB150-engrossed, s. 2549m Section 2549m. 48.534 (3) of the statutes is repealed.

AB150-engrossed, s. 2549r Section 2549r. 48.535 of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,889,9 48.535 Early release and intensive supervision program; limits. The department of corrections may establish a program for the early release and intensive supervision of children who have been placed in a secured correctional facility under s. 48.34 (4m). The program may not include any children who have been placed in a secured correctional facility as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

AB150-engrossed, s. 2550 Section 2550. 48.536 of the statutes is repealed.

AB150-engrossed, s. 2551m Section 2551m. 48.537 of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150-engrossed, s. 2562m Section 2562m. 48.538 of the statutes is created to read:

AB150-engrossed,889,15 48.538 Serious offender program. (1) Definition. In this section, "department" means the department of corrections.

AB150-engrossed,889,19 (2) Program administration and design. The department shall administer a serious juvenile offender program for children who have been adjudicated delinquent and ordered to participate in the program under s. 48.34 (4h). The department shall design the program to provide all of the following:

AB150-engrossed,889,21 (a) Supervision, care and rehabilitation that is more restrictive than ordinary supervision in the community.

AB150-engrossed,889,22 (b) Component phases that are intensive and highly structured.

AB150-engrossed,889,25 (c) A series of component phases for each participant that is based on public safety considerations and the participant's need for supervision, care and rehabilitation.

AB150-engrossed,890,2 (3) Component phases. (a) The department shall provide each participant with one or more of the following sanctions:

AB150-engrossed,890,5 1. Subject to subd. 1m., placement in a secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB150-engrossed,890,11 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB150-engrossed,890,13 1p. Alternate care, including placement in a foster home, treatment foster home, group home or child caring institution.

AB150-engrossed,890,16 2. Intensive or other field supervision, including corrective sanctions supervision under s. 48.533, aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under s. 301.048.

AB150-engrossed,890,17 3. Electronic monitoring.

AB150-engrossed,890,18 4. Alcohol or other drug abuse outpatient treatment and services.

AB150-engrossed,890,19 5. Mental health treatment and services.

AB150-engrossed,890,20 6. Community service.

AB150-engrossed,890,21 7. Restitution.

AB150-engrossed,890,22 8. Transitional services for education and employment.

AB150-engrossed,890,23 9. Other programs as prescribed by the department.

AB150-engrossed,891,4 (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 48.357, 48.363 and 48.533 (3), a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB150-engrossed,891,16 (4) Institutional status. A participant in the serious juvenile offender program is under the supervision and control of the department and is subject to the rules and discipline of the department. Notwithstanding ss. 48.19 to 48.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. the department may, without a hearing, take the participant into custody and return him or her to placement in a secured correctional facility or secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c).

AB150-engrossed,891,20 (5) Transfers and discharge. (a) The parole commission may grant a participant parole under s. 304.06 at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole supervision of the participant shall be provided by the department.

AB150-engrossed,891,24 (b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant has completed 3 years of participation in the serious juvenile offender program.

AB150-engrossed,892,3 (c) Sections 48.357 and 48.363 do not apply to changes of placement and revisions of orders for a child who is a participant in the serious juvenile offender program.

AB150-engrossed,892,12 (6) Purchase of services. The department of corrections may contract with the department of health and social services, a county department or any public or private agency for the purchase of goods, care and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined in s. 301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the appropriate appropriation under s. 20.410 (1).

AB150-engrossed,892,13 (6m) Minority hiring. (a) In this subsection:

AB150-engrossed,892,17 1. "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

AB150-engrossed,892,19 2. "Black" means a person whose ancestors originated in any of the black racial groups of Africa.

AB150-engrossed,892,22 3. "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

AB150-engrossed,892,23 4. "Minority group member" means a Black, a Hispanic or an American Indian.

AB150-engrossed,893,8 (b) In the selection of classified service employes for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the children placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.

AB150-engrossed,893,9 (7) Rules. The department shall promulgate rules to implement this section.

AB150-engrossed, s. 2563m Section 2563m. 48.54 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB150-engrossed, s. 2567b Section 2567b. 48.551 (1) of the statutes is amended to read:

AB150-engrossed,893,17 48.551 (1) The department shall establish a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (6) (3) (dg), the department may contract with individuals and private agencies to operate the adoption center.

AB150-engrossed, s. 2568 Section 2568. 48.553 of the statutes is created to read:

AB150-engrossed,893,20 48.553 Authority of department of corrections. The department of corrections may do all of the following:

AB150-engrossed,893,25 (1) Promote the enforcement of the laws relating to delinquent children and take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.

AB150-engrossed,894,5 (2) Accept supervision of children transferred to it by the court under s. 48.34 (4h), (4m) or (4n) or 48.357 (4) and provide special treatment and care when directed by the court. A court may not direct the department of corrections to administer psychotropic medications to children who receive special treatment or care under this subsection.

AB150-engrossed,894,17 (3) Provide appropriate care and training for children under its supervision under s. 48.34 (4h), (4m) or (4n) or 48.357 (4); including serving those children in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions in accordance with rules promulgated under ch. 227, except that the department of corrections may not purchase the educational component of private day treatment programs for children in its custody unless that department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department of corrections and the school district shall be resolved by the state superintendent of public instruction.

AB150-engrossed,894,20 (5) Provide for the moral and religious training of a child under its supervision under s. 48.34 (4h), (4m) or (4n) according to the religious belief of the child or of the child's parents.

AB150-engrossed,894,25 (6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any child under its supervision under s. 48.34 (4h), (4m) or (4n) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the child's parent or guardian.

AB150-engrossed,895,3 (7) Promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions or released to aftercare or serious juvenile offender supervision in the community.

AB150-engrossed,895,10 (8) Pay maintenance, tuition and related expenses from the appropriations under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) as a result of a judicial decision.

AB150-engrossed,895,11 (9) Establish and enforce standards for services provided under s. 48.34.

AB150-engrossed, s. 2569 Section 2569. 48.554 of the statutes is created to read:

AB150-engrossed,895,19 48.554 Notification by court of placement with department of corrections; information for department. (1) When the court places a child under the supervision of the department of corrections, the court shall immediately notify the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the child to a receiving center designated by that department or deliver the child to personnel of that department.

AB150-engrossed,895,24 (2) When the court places a child under the supervision of the department of corrections, the court and all other public agencies shall also immediately transfer to the department of corrections a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB150-engrossed, s. 2570 Section 2570. 48.555 of the statutes is created to read:

AB150-engrossed,896,11 48.555 Examination of children under supervision of department of corrections. (1) The department of corrections shall examine every child who is placed under its supervision by the court to determine the type of placement best suited to the child and to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and an evaluation to determine whether the child is eligible for serious juvenile offender supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

AB150-engrossed,896,14 (2) In making this examination the department of corrections may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the child.

AB150-engrossed, s. 2571 Section 2571. 48.556 of the statutes is created to read:

AB150-engrossed,896,19 48.556 Notification by department of corrections of release of child from correctional custody. (1) At least 15 days prior to the date of release of a child from a secured correctional facility or a placement in the community under the serious juvenile offender program, the department of corrections shall:

AB150-engrossed,896,21 (a) Notify all of the following local agencies in the community in which the child will reside of the child's return to the community:

AB150-engrossed,896,22 1. The law enforcement agencies.

AB150-engrossed,896,23 2. The school district.

AB150-engrossed,896,24 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

AB150-engrossed,897,2 (b) Notify any known victim of an act for which the child has been found delinquent of the child's release, if all of the following apply:

AB150-engrossed,897,4 1. The commission of the act by the child is an act which, if committed by an adult, would have been punishable as a crime against another person.

AB150-engrossed,897,5 2. The victim can be found.

AB150-engrossed,897,6 3. The victim has sent in a request card under sub. (2).

AB150-engrossed,897,9 (c) Notify, if the criteria in par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian if the victim died as a result of the crime.

AB150-engrossed,897,16 (2) The department of corrections shall design and prepare cards for victims specified in sub. (1) (b) and (c) to send to that department. The cards shall have space for these persons to provide their names and addresses and any other information that the department of corrections determines is necessary. The department of corrections shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b) and (c). These persons may send completed cards to the department of corrections.

AB150-engrossed,897,19 (3) Timely release of a child shall not be prejudiced by the fact that the department did not notify the victims or the local agencies under sub. (1) within the 15 days.

AB150-engrossed, s. 2572 Section 2572. 48.557 of the statutes is created to read:

AB150-engrossed,897,23 48.557 Facilities for care of children in care of department of corrections. (1) Facilities maintained or used for children. The department of corrections may maintain or use the following facilities for children in its care:

AB150-engrossed,897,24 (a) Receiving homes to be used for the temporary care of children.

AB150-engrossed,897,25 (b) Foster homes or treatment foster homes.

AB150-engrossed,898,1 (c) Group homes.

AB150-engrossed,898,4 (d) Institutions, facilities and services, including without limitation forestry or conservation camps for the training and treatment of children 12 years of age or older who have been adjudged delinquent.

AB150-engrossed,898,8 (f) Other facilities deemed by the department of corrections to be appropriate for the child, except that no state funds may be used for the maintenance of a child in the home of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal funds to this state.

AB150-engrossed,898,17 (2) Use of other facilities. (a) In addition to the facilities and services described in sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children in its care, including secured child caring institutions; but placement of children in private or public facilities not under its jurisdiction does not terminate the supervision under s. 48.34 (4h), (4m) or (4n) of the department of corrections. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.

AB150-engrossed,898,24 (b) Public facilities are required to accept and care for persons placed with them by the department of corrections in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department of corrections inconsistently with its functions or with the laws and regulations governing their activities; or to give the department of corrections authority to use any private facility without its consent.

AB150-engrossed,899,3 (c) The department of corrections shall have the right to inspect all facilities it is using and to examine and consult with persons under its supervision under s. 48.34 (4h), (4m) or (4n) who have been placed in that facility.

AB150-engrossed,899,10 (3) Federal reimbursement. The department of corrections shall report to the department of health and social services in a manner specified by the department of health and social services on all children under the supervision of the department of corrections who are placed by that department in a facility specified in sub. (1) or (2) so that the department of health and social services may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a with respect to those children.

AB150-engrossed,899,13 (4) Coeducational programs and institutions. The department of corrections may institute and maintain coeducational programs and institutions under this chapter.

AB150-engrossed, s. 2573 Section 2573. 48.558 of the statutes is created to read:

AB150-engrossed,899,21 48.558 Duration of control of department of corrections over delinquents. Except as provided under s. 48.538, all children adjudged delinquent who have been placed under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) shall be discharged as soon as the department of corrections determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the child or for the protection of the public that the department of corrections retain supervision.

AB150-engrossed, s. 2574 Section 2574. 48.559 of the statutes is created to read:

AB150-engrossed,900,4 48.559 Records of department of corrections. The department of corrections shall keep a complete record on each child under its supervision under s. 48.34 (4h), (4m) or (4n). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child, and a complete history of all placements of the child while under the supervision of the department of corrections.

AB150-engrossed, s. 2575 Section 2575. 48.57 (1) (c) of the statutes is amended to read:

AB150-engrossed,900,17 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent department of public instruction education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent department of public instruction education.

AB150-engrossed, s. 2575m Section 2575m. 48.57 (1) (g) of the statutes is amended to read: