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).
AB150, s. 2549 5Section 2549. 48.534 of the statutes is repealed.
AB150, s. 2550 6Section 2550. 48.536 of the statutes is repealed.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 7Section 2551. 48.537 (title) of the statutes, as created by 1993 Wisconsin Act
8377
, is amended to read:
AB150,955,9 948.537 (title) Youthful Serious juvenile offender program.
AB150, s. 2552 10Section 2552. 48.537 (2) (intro.) of the statutes, as created by 1993 Wisconsin
11Act 377
, is amended to read:
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, s. 2553 16Section 2553. 48.537 (3) (a) 1. of the statutes, as created by 1993 Wisconsin
17Act 377
, is amended to read:
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, s. 2554 21Section 2554. 48.537 (3) (a) 1m. of the statutes, as created by 1993 Wisconsin
22Act 377
, is amended to read:
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, s. 2555 7Section 2555. 48.537 (4) of the statutes, as created by 1993 Wisconsin Act 377,
8is amended to read:
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, s. 2556 21Section 2556. 48.537 (5) (a) of the statutes, as created by 1993 Wisconsin Act
22377
, is amended to read:
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, s. 2557 5Section 2557. 48.537 (5) (b) of the statutes, as created by 1993 Wisconsin Act
6377
, is amended to read:
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, s. 2558 11Section 2558. 48.537 (5) (c) of the statutes, as created by 1993 Wisconsin Act
12377
, is amended to read:
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, s. 2559 16Section 2559. 48.537 (5) (dm) of the statutes, as created by 1993 Wisconsin Act
17377
, is renumbered 48.537 (5) (dm) 1. and amended to read:
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, s. 2561 3Section 2561 . 48.537 (6) of the statutes, as created by 1993 Wisconsin Act 377,
4is amended to read:
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, s. 2562 11Section 2562. 48.537 (6) of the statutes, as affected by 1993 Wisconsin Act 377
12and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
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:
AB150,962,7
148.554 Notification by court of transfer to department of corrections;
2information for department. (1)
When the court transfers legal custody of a child
3to the department of corrections, the court shall immediately notify the department
4of corrections of that action. The court shall, in accordance with procedures
5established by the department of corrections, provide transportation for the child to
6a receiving center designated by that department or deliver the child to personnel
7of that department.
AB150,962,12 8(2) When the court transfers legal custody of a child to the department of
9corrections, the court and all other public agencies shall also immediately transfer
10to the department of corrections a copy of the report submitted to the court under s.
1148.33 and all other pertinent data in their possession and shall immediately notify
12the child's last school district in writing of its obligation under s. 118.125 (4).
AB150, s. 2570 13Section 2570. 48.555 of the statutes is created to read:
AB150,962,24 1448.555 Examination of children in legal custody of department of
15corrections. (1)
The department of corrections shall examine every child whose
16legal custody is transferred to it by the court to determine the type of placement best
17suited to the child and to the protection of the public. This examination shall include
18an investigation of the personal and family history of the child and his or her
19environment, any physical or mental examinations considered necessary to
20determine the type of placement that is necessary for the child and an evaluation to
21determine whether the child is eligible for serious juvenile offender supervision. A
22child who is examined under this subsection shall be screened to determine whether
23the child is in need of special treatment or care because of alcohol or other drug abuse,
24mental illness or severe emotional disturbance.
AB150,963,3
1(2) In making this examination the department of corrections may use any
2facilities, public or private, that offer aid to it in the determination of the correct
3placement 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 4Section 2571. 48.556 of the statutes is created to read:
AB150,963,8 548.556 Notification by department of corrections of release of child
6from correctional custody. (1)
At least 15 days prior to the date of release of a
7child from a secured correctional facility or a placement in the community under the
8serious juvenile offender program, the department of corrections shall:
AB150,963,109 (a) Notify all of the following local agencies in the community in which the child
10will reside of the child's return to the community:
AB150,963,1111 1. The law enforcement agencies.
AB150,963,1212 2. The school district.
AB150,963,1313 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB150,963,1514 (b) Notify any known victim of an act for which the child has been found
15delinquent of the child's release, if all of the following apply:
AB150,963,1716 1. The commission of the act by the child is an act which, if committed by an
17adult, would have been punishable as a crime against another person.
AB150,963,1818 2. The victim can be found.
AB150,963,1919 3. The victim has sent in a request card under sub. (2).
AB150,963,2220 (c) Notify, if the criteria in par. (b) are met, an adult member of the victim's
21family or, if the victim is younger than 18 years old, the victim's parent or legal
22guardian if the victim died as a result of the crime.
AB150,964,7
1(2) The department of corrections shall design and prepare cards for victims
2specified in sub. (1) (b) and (c) to send to that department. The cards shall have space
3for these persons to provide their names and addresses and any other information
4that the department of corrections determines is necessary. The department of
5corrections shall provide the cards, without charge, to district attorneys. District
6attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b)
7and (c). These persons may send completed cards to the department of corrections.
AB150,964,10 8(3) Timely release of a child shall not be prejudiced by the fact that the
9department did not notify the victims or the local agencies under sub. (1) within the
1015 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 11Section 2572. 48.557 of the statutes is created to read:
AB150,964,14 1248.557 Facilities for care of children in care of department of
13corrections. (1)
Facilities maintained or used for children. The department of
14corrections may maintain or use the following facilities for children in its care:
AB150,964,1515 (a) Receiving homes to be used for the temporary care of children.
AB150,964,1616 (b) Foster homes or treatment foster homes.
AB150,964,1717 (c) Group homes.
AB150,964,2018 (d) Institutions, facilities and services, including without limitation forestry or
19conservation camps for the training and treatment of children 12 years of age or older
20who have been adjudged delinquent.
AB150,965,221 (f) Other facilities deemed by the department of corrections to be appropriate
22for the child, except that no state funds may be used for the maintenance of a child

1in the home of a parent or relative eligible for aid under s. 49.19 if such funds would
2reduce federal funds to this state.
AB150,965,11 3(2) Use of other facilities. (a) In addition to the facilities and services
4described in sub. (1), the department of corrections may use other facilities and
5services under its jurisdiction. The department of corrections may also contract for
6and pay for the use of other public facilities or private facilities for the care and
7treatment of children in its care; but placement of children in private or public
8facilities not under its jurisdiction does not terminate the legal custody of the
9department of corrections. Placements in institutions for the mentally ill or
10developmentally disabled shall be made in accordance with ss. 48.14 (5) and 48.63
11and ch. 51.
AB150,965,1812 (b) Public facilities are required to accept and care for persons placed with them
13by the department of corrections in the same manner as they would be required to
14do had the legal custody of these persons been transferred by a court of competent
15jurisdiction. Nothing in this subsection shall be construed to require any public
16facility to serve the department of corrections inconsistently with its functions or
17with the laws and regulations governing their activities; or to give the department
18of corrections authority to use any private facility without its consent.
AB150,965,2119 (c) The department of corrections shall have the right to inspect all facilities
20it is using and to examine and consult with persons in its legal custody under s. 48.34
21(4g) who have been placed in that facility.
AB150,966,3 22(3) Federal reimbursement. The department of corrections shall report to the
23department of health and social services in a manner specified by the department of
24health and social services on all children in the legal custody of the department of
25corrections who are placed by that department in a facility specified in sub. (1) or (2)

1so that the department of health and social services may claim federal foster care and
2adoption assistance reimbursement under 42 USC 670 to 679a with respect to those
3children.
AB150,966,6 4(4) Coeducational programs and institutions. The department of corrections
5may institute and maintain coeducational programs and institutions under this
6chapter.
AB150, s. 2573 7Section 2573. 48.558 of the statutes is created to read:
AB150,966,14 848.558 Duration of control of department of corrections over
9delinquents.
Except as provided under s. 48.537, all children adjudged delinquent
10who have been placed in the legal custody of the department of corrections under s.
1148.34 (4g) shall be discharged as soon as the department of corrections determines
12that there is a reasonable probability that it is no longer necessary either for the
13rehabilitation and treatment of the child or for the protection of the public that the
14department of corrections retain supervision.
AB150, s. 2574 15Section 2574. 48.559 of the statutes is created to read:
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