AB150: Bill Text

AB150,946,10 CHAPTER 48

AB150,946,13 SUBCHAPTER IX JURISDICTION OVER PERSON 18 17 OR OLDER

AB150, s. 2523 Section 2523. 48.44 (title) and (1) of the statutes are amended to read:

AB150,946,17 48.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has jurisdiction over persons 18 17 or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

AB150, s. 2524 Section 2524. 48.45 (1) (a) of the statutes is amended to read:

AB150,946,25 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB150, s. 2525 Section 2525. 48.45 (3) of the statutes is amended to read:

AB150,947,6 48.45 (3) If it appears at a court hearing that any person 18 17 or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB150, s. 2526 Section 2526. 48.48 (intro.) of the statutes is amended to read:

AB150,947,9 48.48 (title) Authority of department of health and social services. (intro.) The department of health and social services shall have authority:

AB150, s. 2527 Section 2527. 48.48 (3) of the statutes is amended to read:

AB150,947,15 48.48 (3) To accept legal custody supervision of children transferred to it by the court under s. 48.355 48.34 (4m) and guardianship of children when appointed by the court, and to provide special treatment and care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.

AB150, s. 2528 Section 2528. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,948,5 48.48 (4) To provide appropriate care and training for children in its legal custody or under its supervision under s. 48.34 (4m) or (4n); 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 operated by the department in accordance with rules promulgated under ch. 227, except that the department shall not purchase the educational component of private day treatment programs for children in its custody unless the 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 department and the school district shall be resolved by the state superintendent department of public instruction education.

AB150, s. 2529 Section 2529. 48.48 (4m) (a) of the statutes is amended to read:

AB150,948,7 48.48 (4m) (a) Is at least 18 17 years of age;

AB150, s. 2530 Section 2530. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,948,11 48.48 (4m) (b) Was in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;

AB150, s. 2531 Section 2531. 48.48 (12) (a) of the statutes is amended to read:

AB150,948,17 48.48 (12) (a) To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with s. 48.975. Payments shall be made from the appropriation under s. 20.435 (7) (3) (dd).

AB150, s. 2532 Section 2532 . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,949,2 48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they reached 18 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 in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

AB150, s. 2533 Section 2533. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,949,11 48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (dd) 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 in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

****Note: This is reconciled s. 48.48 (14). This Section has been affected by drafts with the following LRB numbers: -2402/2 and -2478/2.

AB150, s. 2534 Section 2534. 48.48 (16) of the statutes is amended to read:

AB150,949,15 48.48 (16) To establish and enforce standards for services provided under ss. 48.34 and 48.345 (1) (a) and (e). This authority does not apply to services provided by the department of corrections under s. 48.366 (8) or 48.537.

AB150, s. 2535 Section 2535. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150,950,6 48.49 (title) Notification by court of transfer to department of corrections or of placement with department of health and social services; information for those departments department. (1) When the court places a child in a secured correctional facility under the supervision of the department of health and social services or transfers legal custody of a child to the department of corrections, the court shall immediately notify the that department to which the child's legal custody is transferred or under whose supervision the child is placed of that action. The court shall, in accordance with procedures established by the department to which the child's legal custody is transferred or under whose supervision the child is placed of health and social services, provide transportation for the child to a receiving center designated by that department or deliver the child to personnel of that department.

AB150,950,14 (2) When the court places a child in a secured correctional facility under the supervision of the department of health and social services or transfers legal custody of a child to the department of corrections, the court and all other public agencies shall also immediately transfer to the that department to which the child's legal custody is transferred or under whose supervision the child is placed 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, s. 2536 Section 2536. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

AB150,951,3 48.50 (1) The department shall examine every child who is placed under its supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and, in the case of a child who has violated a state law, 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 the evaluation under s. 48.533 (1) or (2) to determine whether the child is eligible for corrective sanctions 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, s. 2537 Section 2537 . 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150,951,17 48.505 (title) Children placed in a secured correctional facility or on aftercare under supervision of department of health and social services or county department. The When a child is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county department under s. 48.34 (4n), the department or county department having supervision over the child shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB150, s. 2538 Section 2538. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150,951,22 48.51 (title) Notification by department of health and social services of release of child from correctional custody.

AB150, s. 2539 Section 2539 . 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150,952,2 48.51 (1) (intro.) 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 corrective sanctions program or the youthful serious juvenile offender program, the department of health and social services or the department of corrections shall:

AB150, s. 2540 Section 2540. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,952,8 48.51 (1) (intro.) 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 corrective sanctions program, the department shall:

****Note: This is reconciled s. 48.51 (1) (intro.). This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2541 Section 2541. 48.52 (title) of the statutes is amended to read:

AB150,952,11 48.52 (title) Facilities for care of children in care of department of health and social services.

AB150, s. 2542 Section 2542. 48.53 (title) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,952,15 48.53 (title) Duration of control of department of health and social services over delinquents.

AB150, s. 2543 Section 2543. 48.532 (1) of the statutes is amended to read:

AB150,952,19 48.532 (1) Program. Beginning 1995, the The department shall provide a juvenile boot camp program for children who have been placed under s. 48.34 (4m) in a secured correctional facility under the supervision of the department.

AB150, s. 2544 Section 2544. 48.532 (2) of the statutes is amended to read:

AB150,953,2 48.532 (2) Program eligibility. The department may place in the juvenile boot camp program any child whose legal custody has been transferred to the department under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a secured correctional facility under the supervision of the department.

AB150, s. 2545 Section 2545. 48.532 (3) of the statutes is created to read:

AB150,953,7 48.532 (3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department.

AB150, s. 2546 Section 2546. 48.533 (1) of the statutes is repealed.

****Note: This is reconciled s. 48.533 (1). This Section has been affected by drafts with the following LRB numbers: 2481/3 and 2772/3.

AB150, s. 2547 Section 2547. 48.533 (2) of the statutes is amended to read:

AB150,954,12 48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (a), the The department shall provide $433,500, and from the appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for a corrective sanctions program, beginning on July 1, 1994, to serve an average daily population of 105 children, or an average daily population of more than 105 children if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee county. The juvenile offender review program in the division of youth services in the department shall evaluate and select for participation in the program children who have been placed in a secured correctional facility under s. 48.34 (4m). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee county to provide on-site programming after school and in the evening for children from Milwaukee county who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department shall promulgate rules to implement the program.

****Note: This is reconciled s. 48.533 (2). This Section has been affected by drafts with the following LRB numbers: 0926/1, 2481/3 and 2772/3.

AB150, s. 2548 Section 2548. 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,955,4 48.533 (3) Institutional status. A participant in the pilot program under sub. (1) or the program under sub. (2) remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of that child's participation in the pilot program under sub. (1) or the program under sub. (2) the department may, without a hearing, take the child into custody and return the child to placement in a secured correctional facility for up to 72 hours as a sanction for that violation. If the child is returned to a secured correctional facility, for longer than 72 hours, the child is entitled to a hearing under s. 48.357 (5). If a child runs away from the child's placement in the community while participating in the pilot program under sub. (1) or the program under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3) (c).

AB150, s. 2549 Section 2549. 48.534 of the statutes is repealed.

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

****Note: This is reconciled s. 48.536. This Section has been affected by drafts with the following LRB numbers: 2297/1 and 2481/3.

AB150, s. 2551 Section 2551. 48.537 (title) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,955,9 48.537 (title) Youthful Serious juvenile offender program.

AB150, s. 2552 Section 2552. 48.537 (2) (intro.) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,955,15 48.537 (2) Program administration and design. (intro.) The department shall administer a youthful serious juvenile offender program for children who have been adjudicated delinquent and ordered to participate in the program under s. 48.34 (4g). The department shall design the program to provide all of the following:

AB150, s. 2553 Section 2553. 48.537 (3) (a) 1. of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,955,20 48.537 (3) (a) 1. Subject to subd. 1m., placement in a secured correctional facility or, if the participant is 18 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, s. 2554 Section 2554. 48.537 (3) (a) 1m. of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,956,6 48.537 (3) (a) 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 or, if the participant is 18 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, s. 2555 Section 2555. 48.537 (4) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,956,20 48.537 (4) Institutional status. A participant in the youthful serious juvenile offender program is in the legal custody and under the 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, if the participant is 18 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 youthful 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).

****Note: This is reconciled s. 48.537 (4). This Section has been affected by drafts with the following LRB numbers: 2478/2 and 2479/4.

AB150, s. 2556 Section 2556. 48.537 (5) (a) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,957,4 48.537 (5) (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 youthful serious juvenile offender program. Parole supervision of the participant shall be provided by the department.

AB150, s. 2557 Section 2557. 48.537 (5) (b) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,957,10 48.537 (5) (b) The department may discharge a participant from participation in the youthful serious juvenile offender program and from departmental custody and control at any time after the participant has completed 3 years of participation in the youthful serious juvenile offender program.

AB150, s. 2558 Section 2558. 48.537 (5) (c) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,957,15 48.537 (5) (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 youthful serious juvenile offender program.

AB150, s. 2559 Section 2559. 48.537 (5) (dm) of the statutes, as created by 1993 Wisconsin Act 377, is renumbered 48.537 (5) (dm) 1. and amended to read:

AB150,957,21 48.537 (5) (dm) 1. The If the department of health and social services agrees, the department of corrections may not transfer legal custody supervision and control over a participant in the youthful serious juvenile offender program to the department of health and social services.

AB150, s. 2560 Section 2560. 48.537 (5) (dm) 2. of the statutes is created to read:

AB150,958,2 48.537 (5) (dm) 2. If the department of corrections agrees, the department of health and social services may transfer supervision and control over a person who is under the supervision of the department of health and social services to the department of corrections for participation in the serious juvenile offender program.

AB150, s. 2561 Section 2561 . 48.537 (6) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,958,10 48.537 (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 youthful 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 (1) (am).

AB150, s. 2562 Section 2562. 48.537 (6) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read: