AB150: Bill Text

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 (this act), is repealed and recreated to read: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AB150, s. 2546 Section 2546. 48.533 (1) of the statutes is repealed.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:

AB150,958,18 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 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), (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 Section 2563. 48.54 (title) of the statutes is amended to read:

AB150,958,20 48.54 (title) Records of department of health and social services.

AB150, s. 2564 Section 2564. 48.55 of the statutes is amended to read:

AB150,959,5 48.55 State adoption information exchange. The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange , and may contract with and, from the appropriation under s. 20.435 (6) (dg), may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.

AB150, s. 2565 Section 2565 . 48.55 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,959,14 48.55 State adoption information exchange. The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from the appropriation under s. 20.435 (6) (3) (dg), may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.

AB150, s. 2566 Section 2566. 48.551 (1) of the statutes is amended to read:

AB150,959,21 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) (dg), the department may contract with provide not more than $65,000 in grants in each fiscal year to individuals and private agencies to operate the adoption center.

AB150, s. 2567 Section 2567. 48.551 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,960,3 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 (3) (dg), the department may provide not more than $65,000 in grants in 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 Section 2568. 48.553 of the statutes is created to read:

AB150,960,6 48.553 Authority of department of corrections. The department of corrections may do all of the following:

AB150,960,11 (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.

AB150,960,15 (2) Accept legal custody of children transferred to it by the court under s. 48.34 (4g) 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.

AB150,961,4 (3) Provide appropriate care and training for children in its legal custody under s. 48.34 (4g); 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 of corrections 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 the 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.

AB150,961,7 (5) Provide for the moral and religious training of a child in its legal custody under s. 48.34 (4g) according to the religious belief of the child or of the child's parents.

AB150,961,12 (6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any child in its legal custody under s. 48.34 (4g) 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.

AB150,961,15 (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.

AB150,961,21 (8) Pay maintenance, tuition and related expenses from the appropriations under s. 20.410 (1) (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 in the legal custody of the department of corrections under s. 48.34 (4g) as a result of a judicial decision.

AB150,961,22 (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 Section 2569. 48.554 of the statutes is created to read:

AB150,962,7 48.554 Notification by court of transfer to department of corrections; information for department. (1) When the court transfers legal custody of a child to 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.

AB150,962,12 (2) When the court transfers legal custody of a child to 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, s. 2570 Section 2570. 48.555 of the statutes is created to read:

AB150,962,24 48.555 Examination of children in legal custody of department of corrections. (1) The department of corrections shall examine every child whose legal custody is transferred to it 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.

AB150,963,3 (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.

****Note: This is reconciled s. 48.555. This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

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

AB150,963,8 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:

AB150,963,10 (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:

AB150,963,11 1. The law enforcement agencies.

AB150,963,12 2. The school district.

AB150,963,13 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

AB150,963,15 (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:

AB150,963,17 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.