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.
AB150-engrossed,891,16
5(4) Institutional status. A participant in the serious juvenile offender
6program is under the supervision and control of the department and is subject to the
7rules and discipline of the department. Notwithstanding ss. 48.19 to 48.21, if a
8participant violates a condition of his or her participation in the program under sub.
9(3) (a) 2. to 9. the department may, without a hearing, take the participant into
10custody and return him or her to placement in a secured correctional facility or
11secured child caring institution or, if the participant is 17 years of age or over, a Type
121 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain
13within the extended limits of his or her placement while participating in the serious
14juvenile offender program or to return within the time prescribed by the
15administrator of the division of intensive sanctions in the department is considered
16an escape under s. 946.42 (3) (c).
AB150-engrossed,891,20
17(5) Transfers and discharge. (a) The parole commission may grant a
18participant parole under s. 304.06 at any time after the participant has completed
192 years of participation in the serious juvenile offender program. Parole supervision
20of the participant shall be provided by the department.
AB150-engrossed,891,2421
(b) The department may discharge a participant from participation in the
22serious juvenile offender program and from departmental supervision and control at
23any time after the participant has completed 3 years of participation in the serious
24juvenile offender program.
AB150-engrossed,892,3
1(c) Sections 48.357 and 48.363 do not apply to changes of placement and
2revisions of orders for a child who is a participant in the serious juvenile offender
3program.
AB150-engrossed,892,12
4(6) Purchase of services. The department of corrections may contract with the
5department of health and social services, a county department or any public or
6private agency for the purchase of goods, care and services for participants in the
7serious juvenile offender program. The department of corrections shall reimburse
8a person from whom it purchases goods, care or services under this subsection from
9the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care
10or services are purchased is placed in a Type 1 prison, as defined in s. 301.01 (5), or
11is under intensive sanctions supervision under s. 301.048, from the appropriate
12appropriation under s. 20.410 (1).
AB150-engrossed,892,13
13(6m) Minority hiring. (a) In this subsection:
AB150-engrossed,892,1714
1. "American Indian" means a person who is enrolled as a member of a federally
15recognized American Indian tribe or band or who possesses documentation of at least
16one-fourth American Indian ancestry or documentation of tribal recognition as an
17American Indian.
AB150-engrossed,892,1918
2. "Black" means a person whose ancestors originated in any of the black racial
19groups of Africa.
AB150-engrossed,892,2220
3. "Hispanic" means a person of any race whose ancestors originated in Mexico,
21Puerto Rico, Cuba, Central America or South America or whose culture or origin is
22Spanish.
AB150-engrossed,892,2323
4. "Minority group member" means a Black, a Hispanic or an American Indian.
AB150-engrossed,893,824
(b) In the selection of classified service employes for a secured correctional
25facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a), the appointing
1authority shall make every effort to use the expanded certification program under
2s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and
3selection in the department of employment relations to ensure that the percentage
4of employes who are minority group members approximates the percentage of the
5children placed at that secured correctional facility who are minority group
6members. The administrator of the division of merit recruitment and selection in the
7department of employment relations shall provide guidelines for the administration
8of this selection procedure.
AB150-engrossed,893,9
9(7) Rules. The department shall promulgate rules to implement this section.
AB150-engrossed,893,1713
48.551
(1) The department shall establish a state adoption center for the
14purposes of increasing public knowledge of adoption and promoting to adolescents
15and pregnant women the availability of adoption services. From the appropriation
16under s. 20.435
(6) (3) (dg), the department may contract with individuals and
17private agencies to operate the adoption center.
AB150-engrossed,893,20
1948.553 Authority of department of corrections. The department of
20corrections may do all of the following:
AB150-engrossed,893,25
21(1) Promote the enforcement of the laws relating to delinquent children and
22take the initiative in all matters involving the interests of such children where
23adequate provision therefor is not made. This duty shall be discharged in
24cooperation with the courts, county departments, licensed child welfare agencies and
25with parents and other individuals interested in the welfare of children.
AB150-engrossed,894,5
1(2) Accept supervision of children transferred to it by the court under s. 48.34
2(4h), (4m) or (4n) or 48.357 (4) and provide special treatment and care when directed
3by the court. A court may not direct the department of corrections to administer
4psychotropic medications to children who receive special treatment or care under
5this subsection.
AB150-engrossed,894,17
6(3) Provide appropriate care and training for children under its supervision
7under s. 48.34 (4h), (4m) or (4n) or 48.357 (4); including serving those children in
8their own homes, placing them in licensed foster homes or licensed treatment foster
9homes in accordance with s. 48.63 or licensed group homes, contracting for their care
10by licensed child welfare agencies or replacing them in juvenile correctional
11institutions in accordance with rules promulgated under ch. 227, except that the
12department of corrections may not purchase the educational component of private
13day treatment programs for children in its custody unless that department, the
14school board as defined in s. 115.001 (7) and the state superintendent of public
15instruction all determine that an appropriate public education program is not
16available. Disputes between the department of corrections and the school district
17shall be resolved by the state superintendent of public instruction.
AB150-engrossed,894,20
18(5) Provide for the moral and religious training of a child under its supervision
19under s. 48.34 (4h), (4m) or (4n) according to the religious belief of the child or of the
20child's parents.
AB150-engrossed,894,25
21(6) Consent to emergency surgery under the direction of a licensed physician
22or surgeon for any child under its supervision under s. 48.34 (4h), (4m) or (4n) upon
23notification by a licensed physician or surgeon of the need for such surgery and if
24reasonable effort, compatible with the nature and time limitation of the emergency,
25has been made to secure the consent of the child's parent or guardian.
AB150-engrossed,895,3
1(7) Promulgate rules for the payment of an allowance to children in its
2institutions and a cash grant to a child being discharged from its institutions or
3released to aftercare or serious juvenile offender supervision in the community.
AB150-engrossed,895,10
4(8) Pay maintenance, tuition and related expenses from the appropriations
5under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age
6were students regularly attending a school, college or university or regularly
7attending a course of vocational or technical training designed to fit them for gainful
8employment, and who when reaching that age were under the supervision of the
9department of corrections under s. 48.34 (4h), (4m) or (4n) as a result of a judicial
10decision.
AB150-engrossed,895,11
11(9) Establish and enforce standards for services provided under s. 48.34.
AB150-engrossed,895,19
1348.554 Notification by court of placement with department of
14corrections; information for department. (1) When the court places a child
15under the supervision of the department of corrections, the court shall immediately
16notify the department of corrections of that action. The court shall, in accordance
17with procedures established by the department of corrections, provide
18transportation for the child to a receiving center designated by that department or
19deliver the child to personnel of that department.
AB150-engrossed,895,24
20(2) When the court places a child under the supervision of the department of
21corrections, the court and all other public agencies shall also immediately transfer
22to the department of corrections a copy of the report submitted to the court under s.
2348.33 and all other pertinent data in their possession and shall immediately notify
24the child's last school district in writing of its obligation under s. 118.125 (4).
AB150-engrossed,896,11
148.555 Examination of children under supervision of department of
2corrections. (1) The department of corrections shall examine every child who is
3placed under its supervision by the court to determine the type of placement best
4suited to the child and to the protection of the public. This examination shall include
5an investigation of the personal and family history of the child and his or her
6environment, any physical or mental examinations considered necessary to
7determine the type of placement that is necessary for the child and an evaluation to
8determine whether the child is eligible for serious juvenile offender supervision. A
9child who is examined under this subsection shall be screened to determine whether
10the child is in need of special treatment or care because of alcohol or other drug abuse,
11mental illness or severe emotional disturbance.
AB150-engrossed,896,14
12(2) In making this examination the department of corrections may use any
13facilities, public or private, that offer aid to it in the determination of the correct
14placement for the child.
AB150-engrossed,896,19
1648.556 Notification by department of corrections of release of child
17from correctional custody. (1) At least 15 days prior to the date of release of a
18child from a secured correctional facility or a placement in the community under the
19serious juvenile offender program, the department of corrections shall:
AB150-engrossed,896,2120
(a) Notify all of the following local agencies in the community in which the child
21will reside of the child's return to the community:
AB150-engrossed,896,2222
1. The law enforcement agencies.
AB150-engrossed,896,2323
2. The school district.
AB150-engrossed,896,2424
3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB150-engrossed,897,2
1(b)
Notify any known victim of an act for which the child has been found
2delinquent of the child's release, if all of the following apply:
AB150-engrossed,897,43
1. The commission of the act by the child is an act which, if committed by an
4adult, would have been punishable as a crime against another person.
AB150-engrossed,897,55
2. The victim can be found.
AB150-engrossed,897,66
3. The victim has sent in a request card under sub. (2).
AB150-engrossed,897,97
(c) Notify, if the criteria in par. (b) are met, an adult member of the victim's
8family or, if the victim is younger than 18 years old, the victim's parent or legal
9guardian if the victim died as a result of the crime.
AB150-engrossed,897,16
10(2) The department of corrections shall design and prepare cards for victims
11specified in sub. (1) (b) and (c) to send to that department. The cards shall have space
12for these persons to provide their names and addresses and any other information
13that the department of corrections determines is necessary. The department of
14corrections shall provide the cards, without charge, to district attorneys. District
15attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b)
16and (c). These persons may send completed cards to the department of corrections.
AB150-engrossed,897,19
17(3) Timely release of a child shall not be prejudiced by the fact that the
18department did not notify the victims or the local agencies under sub. (1) within the
1915 days.
AB150-engrossed,897,23
2148.557 Facilities for care of children in care of department of
22corrections. (1) Facilities maintained or used for children. The department of
23corrections may maintain or use the following facilities for children in its care:
AB150-engrossed,897,2424
(a) Receiving homes to be used for the temporary care of children.
AB150-engrossed,897,2525
(b) Foster homes or treatment foster homes.
AB150-engrossed,898,42
(d) Institutions, facilities and services, including without limitation forestry or
3conservation camps for the training and treatment of children 12 years of age or older
4who have been adjudged delinquent.
AB150-engrossed,898,85
(f) Other facilities deemed by the department of corrections to be appropriate
6for the child, except that no state funds may be used for the maintenance of a child
7in the home of a parent or relative eligible for aid under s. 49.19 if such funds would
8reduce federal funds to this state.
AB150-engrossed,898,17
9(2) Use of other facilities. (a) In addition to the facilities and services
10described in sub. (1), the department of corrections may use other facilities and
11services under its jurisdiction. The department of corrections may also contract for
12and pay for the use of other public facilities or private facilities for the care and
13treatment of children in its care, including secured child caring institutions; but
14placement of children in private or public facilities not under its jurisdiction does not
15terminate the supervision under s. 48.34 (4h), (4m) or (4n) of the department of
16corrections. Placements in institutions for the mentally ill or developmentally
17disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.
AB150-engrossed,898,2418
(b) Public facilities are required to accept and care for persons placed with them
19by the department of corrections in the same manner as they would be required to
20do had the legal custody of these persons been transferred by a court of competent
21jurisdiction. Nothing in this subsection shall be construed to require any public
22facility to serve the department of corrections inconsistently with its functions or
23with the laws and regulations governing their activities; or to give the department
24of corrections authority to use any private facility without its consent.
AB150-engrossed,899,3
1(c) The department of corrections shall have the right to inspect all facilities
2it is using and to examine and consult with persons under its supervision under s.
348.34 (4h), (4m) or (4n) who have been placed in that facility.
AB150-engrossed,899,10
4(3) Federal reimbursement. The department of corrections shall report to the
5department of health and social services in a manner specified by the department of
6health and social services on all children under the supervision of the department
7of corrections who are placed by that department in a facility specified in sub. (1) or
8(2) so that the department of health and social services may claim federal foster care
9and adoption assistance reimbursement under
42 USC 670 to
679a with respect to
10those children.
AB150-engrossed,899,13
11(4) Coeducational programs and institutions. The department of corrections
12may institute and maintain coeducational programs and institutions under this
13chapter.
AB150-engrossed,899,21
1548.558 Duration of control of department of corrections over
16delinquents. Except as provided under s. 48.538, all children adjudged delinquent
17who have been placed under the supervision of the department of corrections under
18s. 48.34 (4h), (4m) or (4n) shall be discharged as soon as the department of corrections
19determines that there is a reasonable probability that it is no longer necessary either
20for the rehabilitation and treatment of the child or for the protection of the public that
21the department of corrections retain supervision.
AB150-engrossed,900,4
2348.559 Records of department of corrections. The department of
24corrections shall keep a complete record on each child under its supervision under
25s. 48.34 (4h), (4m) or (4n). This record shall include the information received from
1the court, the date of reception, all available data on the personal and family history
2of the child, the results of all tests and examinations given the child, and a complete
3history of all placements of the child while under the supervision of the department
4of corrections.
AB150-engrossed,900,176
48.57
(1) (c) To provide appropriate protection and services for children in its
7care, including providing services for children and their families in their own homes,
8placing the children in licensed foster homes, licensed treatment foster homes or
9licensed group homes in this state or another state within a reasonable proximity to
10the agency with legal custody or contracting for services for them by licensed child
11welfare agencies, except that the county department shall not purchase the
12educational component of private day treatment programs unless the county
13department, the school board as defined in s. 115.001 (7) and the
state
14superintendent department of
public instruction education all determine that an
15appropriate public education program is not available. Disputes between the county
16department and the school district shall be resolved by the
state superintendent 17department of
public instruction
education.
AB150-engrossed,900,2119
48.57
(1) (g) Upon request of the department
of health and social services or
20the department of corrections, to provide service for any child in the care of
the
21department those departments.