AB600: Bill Text

AB600, s. 33 Section 33. 48.08 (3) (b) of the statutes is amended to read:

AB600,14,20 48.08 (3) (b) A child who has run away from or failed to return to a secured correctional facility operated or contracted for by the department and who has been taken into custody under par. (a) may be returned directly to the secured correctional facility and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227. A child who has run away from or failed to return to a secured correctional facility operated or contracted for by a county department and who has been taken into custody under par. (a) may be returned directly to the secured correctional facility and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with rules promulgated by the department.

AB600, s. 34 Section 34. 48.34 (4m) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,14,24 48.34 (4m) (intro.) Place the child in a secured correctional facility under the supervision of the department or a county department, but only if:

AB600, s. 35 Section 35. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,15,12 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child who is under the supervision of the department or a county department under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB600, s. 36 Section 36. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,15,25 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services or a county department under s. 48.34 (4m) or (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB600, s. 37 Section 37. 48.357 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,16,14 48.357 (4) When the a child is placed with the department, the department may, after an examination under s. 48.50, place the child in a secured correctional facility that is operated or contracted for by the department or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. When a child is placed with a county department, the county department may, after an examination under s. 48.59, place the child in a secured correctional facility that is operated or contracted for by the county department or place the child on aftercare supervision, either immediately or after a period of placement in a secured correctional facility. The department or county department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court.

AB600, s. 38 Section 38. 48.357 (4g) (a) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,16,25 48.357 (4g) (a) Not later than 120 days after the date on which the child is placed in a secured correctional facility under the supervision of the department, or not less than 30 days before the date on which the department determines that the child is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare provider designated under s. 48.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB600, s. 39 Section 39. 48.357 (4m) of the statutes is amended to read:

AB600,17,5 48.357 (4m) The department shall try to release a child to aftercare or corrective sanctions supervision under sub. (4), and a county department shall try to release a child to aftercare supervision under sub. (4), within 30 days after the date the department or county department determines the child is eligible for the release.

AB600, s. 40 Section 40. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,17,17 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities that are operated or contracted for by the department. A county department may transfer a person subject to an order between secured correctional facilities that are operated or contracted for by the county department. After the person attains the age of 18 years, the department or county department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB600, s. 41 Section 41. 48.49 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,18,2 48.49 Notification by court of placement with department; information for department. (1) When the court places a child in a secured correctional facility under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the child to a receiving center designated by the department or deliver the child to personnel of the department.

AB600,18,6 (2) When the court places a child in a secured correctional facility under the supervision of the department, the court shall also immediately transfer to the department a copy of the report submitted to it under s. 48.33 and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB600,18,10 (3) The court and all other public agencies shall furnish the department on request all pertinent data in their possession regarding a child who has been placed in a secured correctional facility under the supervision of the department, including the information specified in sub. (2), within 5 working days of the request.

AB600, s. 42 Section 42. 48.50 (1) of the statutes is amended to read:

AB600,18,21 48.50 (1) The department 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, 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 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.

AB600, s. 43 Section 43. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,19,10 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 (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.

AB600, s. 44 Section 44. 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,19,20 48.505 (title) Children placed in a departmental secured correctional facility. The department shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, 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.

AB600, s. 45 Section 45. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,19,25 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the department, the department shall:

AB600, s. 46 Section 46. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,20,7 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility that is operated or contracted for by the department or a placement in the community under the corrective sanctions program or the youthful offender program, the department of health and social services or the department of corrections shall:

AB600, s. 47 Section 47. 48.53 (title) of the statutes is amended to read:

AB600,20,9 48.53 (title) Duration of departmental control over delinquents.

AB600, s. 48 Section 48. 48.532 (2) of the statutes is amended to read:

AB600,20,14 48.532 (2) Program eligibility. The department may place in the a 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 in a secured correctional facility under the supervision of the department.

AB600, s. 49 Section 49. 48.533 (1) of the statutes is repealed.

AB600, s. 50 Section 50. 48.533 (2) of the statutes is amended to read:

AB600,21,18 48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (a), 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 that 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 the supervision of the department 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.

AB600, s. 51 Section 51. 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,22,8 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).

AB600, s. 52 Section 52. 48.57 (1) (b) of the statutes is amended to read:

AB600,22,13 48.57 (1) (b) To accept legal custody or supervision of children transferred to it by the court under s. 48.355 and to provide special treatment and care if ordered by the court. A court may not order a county department to administer psychotropic medications to children who receive special treatment or care under this paragraph.

AB600, s. 53 Section 53. 48.57 (1) (c) of the statutes is amended to read:

AB600,23,2 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities that are operated by the county department, except that the county department shall may not purchase the educational component of private day treatment programs unless the county 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 county department and the school district shall be resolved by the state superintendent of public instruction.

AB600, s. 54 Section 54. 48.57 (1) (cm) of the statutes is created to read:

AB600,23,5 48.57 (1) (cm) To continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

AB600,23,6 1. Is at least 18 years of age.

AB600,23,8 2. Was in the legal custody of the county department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 years of age.

AB600,23,9 3. Is less than 19 years of age.

AB600,23,12 4. Is determined by the county department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.

AB600, s. 55 Section 55. 48.57 (1) (dm) of the statutes is created to read:

AB600,23,19 48.57 (1) (dm) To consent to emergency surgery under the direction of a licensed physician or surgeon for any child in its legal custody or under its supervision under s. 48.34 (4m) or (4n) 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.

AB600, s. 56 Section 56. 48.57 (1) (k) of the statutes is created to read:

AB600,23,23 48.57 (1) (k) To pay an allowance to children in its secured correctional facilities and a cash grant to a child being discharged or released to aftercare supervision in the community.

AB600, s. 57 Section 57. 48.57 (1) (L) of the statutes is created to read:

AB600,24,6 48.57 (1) (L) To pay maintenance, tuition and related expenses for persons who when they reached 18 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 county department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

AB600, s. 58 Section 58. 48.585 of the statutes is created to read:

AB600,24,16 48.585 County secured correctional facility. (1) The county board of supervisors of any county, or the county boards of supervisors of any 2 or more counties jointly, may establish or contract for a secured correctional facility for the care, treatment and supervision of children who are adjudicated delinquent and who are placed in a secured correctional facility under the supervision of the county department under s. 48.34 (4m). A secured correctional facility established or contracted for under this subsection must be approved by the department of corrections under s. 301.36 before any child may be placed in that secured correctional facility.

AB600,24,20 (2) In counties with a population of 500,000 or more, a secured correctional facility established under sub. (1) shall be governed under s. 46.21. In counties with a population under 500,000, a secured correctional facility established under sub. (1) shall be governed under ss. 46.18, 46.19 and 46.20.

AB600,25,3 (3) The county board of supervisors of a county that has established a secured correctional facility governed under s. 46.21 or the board of trustees of a secured correctional facility governed under ss. 46.18, 46.19 and 46.20 may provide a juvenile boot camp program for children who are placed at the secured correctional facility. The program shall provide participants with a structured and disciplined environment, productive programs and work activities, training in the skills needed to earn a lawful living, personal development and other counseling and substance abuse treatment and education in preparation for release on aftercare supervision.

AB600, s. 59 Section 59. 48.587 of the statutes is created to read:

AB600,25,11 48.587 Notification by court of placement with county department; information for county department. (1) When the court places a child in a secured correctional facility under the supervision of a county department, the court shall immediately notify the county department of that action. The court shall, in accordance with procedures established by the county department, provide transportation for the child to a receiving center designated by the county department or deliver the child to personnel of the county department.

AB600,25,17 (2) When the court places a child in a secured correctional facility under the supervision of a county department, the court and all other public agencies shall also immediately transfer to the county department 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).

AB600, s. 60 Section 60. 48.59 (1) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,26,8 48.59 (1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.34 (4m) or (4n) and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child or placement that is best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. The county department shall screen a child who is examined under this subsection 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.

AB600, s. 61 Section 61. 48.591 of the statutes is created to read:

AB600,26,17 48.591 Children placed in a county secured correctional facility. The county department shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under the supervision of the county department under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, 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.

AB600, s. 62 Section 62. 48.593 of the statutes is created to read:

AB600,26,22 48.593 Notification by county department 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 that is operated or contracted for by the county department, a county department shall:

AB600,26,24 (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:

AB600,26,25 1. The law enforcement agencies.

AB600,27,1 2. The school district.

AB600,27,2 3. The county departments under ss. 51.42 and 51.437.

AB600,27,4 (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:

AB600,27,6 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.

AB600,27,7 2. The victim can be found.

AB600,27,8 3. The victim has sent in a request card under sub. (2).

AB600,27,11 (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.

AB600,27,18 (2) A county department shall design and prepare cards for victims specified in sub. (1) (b) and (c) to send to the county department. The cards shall have space for these persons to provide their names and addresses and any other information that the county department determines is necessary. The county department 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 county department.

AB600,27,21 (3) Timely release of a child shall not be prejudiced by the fact that the county department did not notify the victims or the local agencies under sub. (1) within the 15 days.

AB600, s. 63 Section 63. 48.595 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB600,28,5 48.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a child who has been adjudged delinquent and placed under the supervision of a county department under s. 48.34 (4m) or (4n) shall be discharged as soon as the county department 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 county department retain supervision.

AB600, s. 64 Section 64. 48.78 (2) (d) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB600,28,13 48.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department or a county department from disclosing information about an individual formerly under the supervision of the department under s. 48.34 (4m) or formerly under the supervision of the department or county department under s. 48.34 (4m) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB600, s. 65 Section 65. 48.78 (3) of the statutes is amended to read:

AB600,29,3 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions supervision, the department or a county department may release the child's name and any information about the child the department or county department determines to be necessary for the protection of the public or to secure the child's return to the facility or placement. The department shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public.

AB600, s. 66 Section 66. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB600,29,22 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful offender supervision, the department of health and social services, the department of corrections or a county department may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful offender program.

AB600, s. 67 Section 67. 59.031 (2) (bm) 1. f. of the statutes is created to read:

AB600,29,25 59.031 (2) (bm) 1. f. The superintendent of the county secured correctional facility, as defined in s. 48.02 (15m), under s. 46.21 (1m) (ar).