AB150, s. 2534
12Section
2534. 48.48 (16) of the statutes is amended to read:
AB150,949,1513
48.48
(16) To establish and enforce standards for services provided under ss.
1448.34 and 48.345 (1) (a) and (e). This authority does not apply to services provided
15by the department of corrections under s. 48.366 (8)
or 48.537.
AB150, s. 2535
16Section
2535. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377,
17385 and 491, is amended to read:
AB150,950,6
1848.49 (title)
Notification by court of
transfer to department of
19corrections or of placement with department of health and social services;
20information for those departments department. (1) When the court places a
21child in a secured correctional facility under the supervision of the department of
22health and social services
or transfers legal custody of a child to the department of
23corrections, the court shall immediately notify
the that department
to which the
1child's legal custody is transferred or under whose supervision the child is placed of
2that action. The court shall, in accordance with procedures established by the
3department
to which the child's legal custody is transferred or under whose
4supervision the child is placed of health and social services, provide transportation
5for the child to a receiving center designated by that department or deliver the child
6to personnel of that department.
AB150,950,14
7(2) When the court places a child in a secured correctional facility under the
8supervision of the department of health and social services
or transfers legal custody
9of a child to the department of corrections, the court and all other public agencies
10shall also immediately transfer to
the that department
to which the child's legal
11custody is transferred or under whose supervision the child is placed a copy of the
12report submitted to the court under s. 48.33 and all other pertinent data in their
13possession and shall immediately notify the child's last school district in writing of
14its obligation under s. 118.125 (4).
AB150, s. 2536
15Section
2536. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385
16and 491, is amended to read:
AB150,951,317
48.50
(1) The department shall examine every child who is placed under its
18supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by
19the court to determine the type of placement best suited to the child and, in the case
20of a child who has violated a state law, to the protection of the public. This
21examination shall include an investigation of the personal and family history of the
22child and his or her environment, any physical or mental examinations considered
23necessary to determine the type of placement that is necessary for the child and the
24evaluation under s. 48.533
(1) or (2) to determine whether the child is eligible for
25corrective sanctions supervision. A child who is examined under this subsection
1shall be screened to determine whether the child is in need of special treatment or
2care because of alcohol or other drug abuse, mental illness or severe emotional
3disturbance.
AB150,951,17
648.505 (title)
Children placed in a secured correctional facility or on
7aftercare under supervision of department of health and social services or
8county department. The When a child is under the supervision of the department
9of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366
10or under the supervision of a county department under s. 48.34 (4n), the department
11or county department having supervision over the child shall have the right and duty
12to protect, train, discipline, treat and confine
a child who is placed in a secured
13correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and
14to provide food, shelter, legal services, education and ordinary medical and dental
15care for the child, subject to the rights, duties and responsibilities of the guardian of
16the child and subject to any residual parental rights and responsibilities and the
17provisions of any court order.
AB150, s. 2538
19Section
2538. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Acts
20377 and 385, is amended to read:
AB150,951,22
2148.51 (title)
Notification by department of health and social services
22of release of child from correctional custody.
AB150, s. 2539
23Section
2539
. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
24Acts 377 and 385, is amended to read:
AB150,952,225
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
26secured correctional facility or a placement in the community under the corrective
1sanctions program or the
youthful serious juvenile offender program, the
2department of health and social services or the department of corrections shall:
AB150, s. 2540
3Section
2540. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
4Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
5read:
AB150,952,86
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
7secured correctional facility or a placement in the community under the corrective
8sanctions 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
9Section
2541. 48.52 (title) of the statutes is amended to read:
AB150,952,11
1048.52 (title)
Facilities for care of children in care of department of
11health and social services.
AB150,952,15
1448.53 (title)
Duration of control of department of health and social
15services over delinquents.
AB150, s. 2543
16Section
2543. 48.532 (1) of the statutes is amended to read:
AB150,952,1917
48.532
(1) Program. Beginning 1995, the The department shall provide a
18juvenile boot camp program for children
who have been placed under s. 48.34 (4m)
19in a secured correctional facility under the supervision of the department.
AB150, s. 2544
20Section
2544. 48.532 (2) of the statutes is amended to read:
AB150,953,221
48.532
(2) Program eligibility. The department may place in the juvenile boot
22camp program any child
whose legal custody has been transferred to the department
1under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a
2secured correctional facility
under the supervision of the department.
AB150, s. 2545
3Section
2545. 48.532 (3) of the statutes is created to read:
AB150,953,74
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
5has completed the juvenile boot camp program and who is released from a secured
6correctional facility shall be placed under aftercare supervision administered by the
7department.
****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
9Section
2547. 48.533 (2) of the statutes is amended to read:
AB150,954,1210
48.533
(2) Corrective sanctions program.
From the appropriation under s.
1120.435 (3) (a), the The department shall provide
$433,500, and from the
12appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for 13a corrective sanctions program
, beginning on July 1, 1994, to serve an average daily
14population of 105 children, or an average daily population of more than 105 children
15if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515
16and the positions for the program are increased under s. 13.101 or 16.505 (2), in not
17less than 3 counties, including Milwaukee county. The juvenile offender review
18program in the
division of youth services in the department shall evaluate and select
19for participation in the program children who have been placed in a secured
20correctional facility under s. 48.34 (4m). The department shall place a program
21participant in the community, provide intensive surveillance of that participant and
22provide an average of $5,000 per year per participant to purchase community-based
23treatment services for each participant. The department shall make the intensive
1surveillance required under this subsection available 24 hours a day, 7 days a week,
2and may purchase or provide electronic monitoring for the intensive surveillance of
3program participants. The department shall provide a report center in Milwaukee
4county to provide on-site programming after school and in the evening for children
5from Milwaukee county who are placed in the corrective sanctions program. A
6contact worker providing services under the program shall have a case load of
7approximately 10 children and, during the initial phase of placement in the
8community under the program of a child who is assigned to that contact worker, shall
9have not less than one face-to-face contact per day with that child. Case
10management services under the program shall be provided by a corrective sanctions
11agent who shall have a case load of approximately 15 children. The department shall
12promulgate 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.
AB150,955,415
48.533
(3) Institutional status. A participant in the
pilot program under sub.
16(1) or the program under sub. (2) remains under the supervision of the department,
17remains subject to the rules and discipline of that department and is considered to
18be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if
19a child violates a condition of that child's participation in the
pilot program under
20sub. (1) or the program under sub. (2) the department may, without a hearing, take
21the child into custody and return the child to placement in a secured correctional
22facility for up to 72 hours as a sanction for that violation. If the child is returned to
23a 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).
****Note: This is reconciled s. 48.536. This Section has been affected by drafts with the
following LRB numbers: 2297/1 and 2481/3.
AB150,955,9
948.537 (title)
Youthful Serious juvenile offender program.
AB150,955,1512
48.537
(2) Program administration and design. (intro.) The department shall
13administer a
youthful serious juvenile offender program for children who have been
14adjudicated delinquent and ordered to participate in the program under s. 48.34 (4g).
15The department shall design the program to provide all of the following:
AB150,955,2018
48.537
(3) (a) 1. Subject to subd. 1m., placement in a secured correctional
19facility or, if the participant is
18 17 years of age or over, a Type 1 prison, as defined
20in s. 301.01 (5), for a period of not more than 3 years.
AB150,956,6
148.537
(3) (a) 1m. If the participant has been adjudicated delinquent for
2committing an act that would be a Class A felony if committed by an adult, placement
3in a secured correctional facility or, if the participant is
18 17 years of age or over, a
4Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age,
5unless the participant is released sooner, subject to a mandatory minimum period of
6confinement of not less than one year.
AB150,956,209
48.537
(4) Institutional status. A participant in the
youthful serious juvenile 10offender program is in the legal custody and under the control of the department and
11is subject to the rules and discipline of the department. Notwithstanding ss. 48.19
12to 48.21, if a participant violates a condition of his or her participation in the program
13under sub. (3) (a) 2. to 9. the department may, without a hearing, take the participant
14into custody and return him or her to placement in a secured correctional facility or,
15if the participant is
18 17 years of age or over, a Type 1 prison, as defined in s. 301.01
16(5). Any intentional failure of a participant to remain within the extended limits of
17his or her placement while participating in the
youthful serious juvenile offender
18program or to return within the time prescribed by the administrator of the division
19of intensive sanctions in the department is considered an escape under s. 946.42 (3)
20(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.
AB150,957,4
148.537
(5) (a) The parole commission may grant a participant parole under s.
2304.06 at any time after the participant has completed 2 years of participation in the
3youthful serious juvenile offender program. Parole supervision of the participant
4shall be provided by the department.
AB150,957,107
48.537
(5) (b) The department may discharge a participant from participation
8in the
youthful serious juvenile offender program and from departmental custody
9and control at any time after the participant has completed 3 years of participation
10in the
youthful serious juvenile offender program.
AB150,957,1513
48.537
(5) (c) Sections 48.357 and 48.363 do not apply to changes of placement
14and revisions of orders for a child who is a participant in the
youthful serious juvenile 15offender program.
AB150,957,2118
48.537
(5) (dm) 1.
The If the department of health and social services agrees,
19the department of corrections may
not transfer
legal custody supervision and control
20over a participant in the
youthful serious juvenile offender program to the
21department of health and social services.
AB150, s. 2560
22Section
2560. 48.537 (5) (dm) 2. of the statutes is created to read:
AB150,958,223
48.537
(5) (dm) 2. If the department of corrections agrees, the department of
24health and social services may transfer supervision and control over a person who
1is under the supervision of the department of health and social services to the
2department of corrections for participation in the serious juvenile offender program.
AB150,958,105
48.537
(6) Purchase of services. The department of corrections may contract
6with the department of health and social services, a county department or any public
7or private agency for the purchase of goods, care and services for participants in the
8youthful serious juvenile offender program. The department of corrections shall
9reimburse a person from whom it purchases goods, care or services under this
10subsection from the appropriation under s. 20.410 (1) (am).
AB150,958,1813
48.537
(6) Purchase of services. The department of corrections may contract
14with the department of health and social services, a county department or any public
15or private agency for the purchase of goods, care and services for participants in the
16serious juvenile offender program. The department of corrections shall reimburse
17a person from whom it purchases goods, care or services under this subsection from
18the appropriation under s. 20.410 (1) (am), (hm) and (ho).
****Note: This is reconciled s. 48.537 (6). This
Section has been affected by drafts with the
following LRB numbers: 2479/4 and 2481/3.
AB150, s. 2563
19Section
2563. 48.54 (title) of the statutes is amended to read:
AB150,958,20
2048.54 (title)
Records of department of health and social services.
AB150, s. 2564
21Section
2564. 48.55 of the statutes is amended to read:
AB150,959,5
2248.55 State adoption information exchange. The department shall
23establish a state adoption information exchange for the purpose of finding adoptive
1homes for children with special needs who do not have permanent homes. The
2department shall adopt rules governing the adoption information exchange
, and
3may contract with and, from the appropriation under s. 20.435 (6) (dg), may provide
4not more than $75,000 in each fiscal year as grants to individuals and private
5agencies for adoption information exchange services.
AB150, s. 2565
6Section
2565
. 48.55 of the statutes, as affected by 1995 Wisconsin Act .... (this
7act), is amended to read:
AB150,959,14
848.55 State adoption information exchange. The department shall
9establish a state adoption information exchange for the purpose of finding adoptive
10homes for children with special needs who do not have permanent homes. The
11department shall adopt rules governing the adoption information exchange and,
12from the appropriation under s. 20.435
(6) (3) (dg), may provide not more than
13$75,000 in each fiscal year as grants to individuals and private agencies for adoption
14information exchange services.
AB150, s. 2566
15Section
2566. 48.551 (1) of the statutes is amended to read:
AB150,959,2116
48.551
(1) The department shall establish a state adoption center for the
17purposes of increasing public knowledge of adoption and promoting to adolescents
18and pregnant women the availability of adoption services. From the appropriation
19under s. 20.435 (6) (dg), the department may
contract with provide not more than
20$65,000 in grants in each fiscal year to individuals and private agencies to operate
21the adoption center.
AB150, s. 2567
22Section
2567. 48.551 (1) of the statutes, as affected by 1995 Wisconsin Act ....
23(this act), is repealed and recreated to read:
AB150,960,324
48.551
(1) The department shall establish a state adoption center for the
25purposes of increasing public knowledge of adoption and promoting to adolescents
1and pregnant women the availability of adoption services. From the appropriation
2under s. 20.435 (3) (dg), the department may provide not more than $65,000 in grants
3in each fiscal year to individuals and private agencies to operate the adoption center.
****Note: This is reconciled s. 48.551. This Section has been affected by drafts with the
following LRB numbers: -0518/2 and -2422/2.
AB150, s. 2568
4Section
2568. 48.553 of the statutes is created to read:
AB150,960,6
548.553 Authority of department of corrections. The department of
6corrections may do all of the following:
AB150,960,11
7(1) Promote the enforcement of the laws relating to delinquent children and
8take the initiative in all matters involving the interests of such children where
9adequate provision therefor is not made. This duty shall be discharged in
10cooperation with the courts, county departments, licensed child welfare agencies and
11with parents and other individuals interested in the welfare of children.
AB150,960,15
12(2) Accept legal custody of children transferred to it by the court under s. 48.34
13(4g) and provide special treatment and care when directed by the court. A court may
14not direct the department of corrections to administer psychotropic medications to
15children who receive special treatment or care under this subsection.
AB150,961,4
16(3) Provide appropriate care and training for children in its legal custody under
17s. 48.34 (4g); including serving those children in their own homes, placing them in
18licensed foster homes or licensed treatment foster homes in accordance with s. 48.63
19or licensed group homes, contracting for their care by licensed child welfare agencies
20or replacing them in juvenile correctional institutions operated by the department
21of corrections in accordance with rules promulgated under ch. 227, except that the
22department of corrections may not purchase the educational component of private
23day treatment programs for children in its custody unless the department, the school
1board as defined in s. 115.001 (7) and the state superintendent of public instruction
2all determine that an appropriate public education program is not available.
3Disputes between the department of corrections and the school district shall be
4resolved by the state superintendent of public instruction.
AB150,961,7
5(5) Provide for the moral and religious training of a child in its legal custody
6under s. 48.34 (4g) according to the religious belief of the child or of the child's
7parents.
AB150,961,12
8(6) Consent to emergency surgery under the direction of a licensed physician
9or surgeon for any child in its legal custody under s. 48.34 (4g) upon notification by
10a licensed physician or surgeon of the need for such surgery and if reasonable effort,
11compatible with the nature and time limitation of the emergency, has been made to
12secure the consent of the child's parent or guardian.
AB150,961,15
13(7) Promulgate rules for the payment of an allowance to children in its
14institutions and a cash grant to a child being discharged from its institutions or
15released to aftercare or serious juvenile offender supervision in the community.
AB150,961,21
16(8) Pay maintenance, tuition and related expenses from the appropriations
17under s. 20.410 (1) (am) and (ho) for persons who when they reached 17 years of age
18were students regularly attending a school, college or university or regularly
19attending a course of vocational or technical training designed to fit them for gainful
20employment, and who when reaching that age were in the legal custody of the
21department of corrections under s. 48.34 (4g) as a result of a judicial decision.
AB150,961,22
22(9) Establish and enforce standards for services provided under s. 48.34 (4g).
****Note: This is reconciled s. 48.553. This Section has been affected by drafts with the
following LRB numbers: 2478/2 and 2481/3.
AB150, s. 2569
23Section
2569. 48.554 of the statutes is created to read: