AB150: Bill Text

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AB150, s. 2549 Section 2549. 48.534 of the statutes is repealed.

AB150, s. 2550 Section 2550. 48.536 of the statutes is repealed.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

AB150,963,18 2. The victim can be found.

AB150,963,19 3. The victim has sent in a request card under sub. (2).

AB150,963,22 (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.

AB150,964,7 (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.

AB150,964,10 (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.

****Note: This is reconciled s. 48.556. This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

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

AB150,964,14 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:

AB150,964,15 (a) Receiving homes to be used for the temporary care of children.

AB150,964,16 (b) Foster homes or treatment foster homes.

AB150,964,17 (c) Group homes.

AB150,964,20 (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.

AB150,965,2 (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.

AB150,965,11 (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; but placement of children in private or public facilities not under its jurisdiction does not terminate the legal custody 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.

AB150,965,18 (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.

AB150,965,21 (c) The department of corrections shall have the right to inspect all facilities it is using and to examine and consult with persons in its legal custody under s. 48.34 (4g) who have been placed in that facility.

AB150,966,3 (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 in the legal custody 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.

AB150,966,6 (4) Coeducational programs and institutions. The department of corrections may institute and maintain coeducational programs and institutions under this chapter.

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

AB150,966,14 48.558 Duration of control of department of corrections over delinquents. Except as provided under s. 48.537, all children adjudged delinquent who have been placed in the legal custody of the department of corrections under s. 48.34 (4g) 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, s. 2574 Section 2574. 48.559 of the statutes is created to read: