AB100-engrossed,2228,1512
938.22
(1) (d) The nonjudicial operational policies of a private secure detention
13facility shall be established by the private entity operating the secure detention
14facility. Those policies shall be executed by the superintendent appointed under sub.
15(3) (bm).
AB100-engrossed,2229,317
938.22
(2) (a) Counties shall submit plans for the secure detention facility or
18juvenile portion of the county jail to the department of corrections and submit plans
19for the shelter care facility to the department of health and family services.
A private
20entity that proposes to establish a secure detention facility shall submit plans for the
21secure detention facility to the department of corrections. The applicable
22department shall review the submitted plans.
The counties A county or a private
23entity may not implement any such plan unless the applicable department has
24approved the plan. The department of corrections shall promulgate rules
25establishing minimum requirements for the approval of the operation of secure
1detention facilities and the juvenile portion of county jails. The plans and rules shall
2be designed to protect the health, safety and welfare of the juveniles in these
3facilities.
AB100-engrossed,2229,75
938.22
(3) (bm) A private secure detention facility shall be in the charge of a
6superintendent appointed by the private entity operating the secure detention
7facility.
AB100-engrossed,2229,119
938.22
(3) (c) All superintendents appointed under par. (a)
or, (b)
or (bm) after
10May 1, 1992, shall, within one year after that appointment, successfully complete an
11administrative training program approved or provided by the department of justice.
AB100-engrossed,2229,1613
938.22
(5) A county board of supervisors, or 2 or more county boards of
14supervisors jointly, may contract with privately operated
secure detention facilities, 15shelter care facilities or home detention programs for purchase of services. A county
16board of supervisors may delegate this authority to its county department.
AB100-engrossed,2229,2518
938.22
(7) (a) No person may establish a shelter care facility without first
19obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate
20a shelter care facility, a person must meet the minimum requirements for a license
21established by the department of health and family services under s. 48.67 and pay
22the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter
23care facility is valid
for 2 years after the date of issuance, unless sooner revoked or
24suspended until revoked or suspended, but shall be reviewed every 2 years as
25provided in s. 48.66 (5).
AB100-engrossed, s. 5250b
1Section 5250b. 938.22 (7) (a) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is amended to read:
AB100-engrossed,2230,93
938.22
(7) (a) No person may establish a shelter care facility without first
4obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate
5a shelter care facility, a person must meet the minimum requirements for a license
6established by the department of health and family services under s. 48.67
, meet the
7requirements specified in s. 48.685 and pay the license fee under par. (b). A license
8issued under s. 48.66 (1) to operate a shelter care facility is valid until revoked or
9suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB100-engrossed,2230,1811
938.22
(7) (b) Before the department of health and family services may issue
12a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
13must pay to that department a biennial fee of
$50
$55, plus a biennial fee of
$15 14$16.50 per juvenile, based on the number of juveniles that the shelter care facility
15is licensed to serve. A shelter care facility that wishes to
renew continue a license
16issued under s. 48.66 (1) shall pay the fee under this paragraph by the
renewal 17continuation date of the license. A new shelter care facility shall pay the fee under
18this paragraph by no later than 30 days before the opening of the shelter care facility.
AB100-engrossed, s. 5252
19Section
5252. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB100-engrossed,2231,321
938.22
(7) (b) Before the department of health and family services may issue
22a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
23must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15
24per juvenile, based on the number of juveniles that the shelter care facility is licensed
25to serve. A shelter care facility that wishes to continue a license issued under s. 48.66
1(1) shall pay the fee under this paragraph by the continuation date of the license.
2A new shelter care facility shall pay the fee under this paragraph by no later than
330 days before the opening of the shelter care facility.
AB100-engrossed,2231,105
938.22
(7) (c) A shelter care facility that wishes to
renew continue a license
6issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the
renewal 7continuation date of the license or a new shelter care facility that fails to pay the fee
8under par. (b) by 30 days before the opening of the shelter care facility shall pay an
9additional fee of $5 per day for every day after the deadline that the facility fails to
10pay the fee.
AB100-engrossed,2231,18
12938.222 Contracts with private entities for secure detention facility
13services. (1) The county board of supervisors of any county may contract with a
14private entity that operates a secure detention facility for the use of the secure
15detention facility for the holding of juveniles who meet the criteria under s. 48.208,
16938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s.
17938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term
18detention under s. 938.355 (6d) or 938.534 (1).
AB100-engrossed,2231,19
19(2) (a) A contract under sub. (1) shall require all of the following:
AB100-engrossed,2231,2320
1. That the private secure detention facility meet or exceed the minimum
21requirements for the approval and operation of a secure detention facility
22established by the department by rules promulgated under s. 938.22 (2) (a) and that
23the private secure detention facility be approved by the department under s. 301.36.
AB100-engrossed,2232,3
12. That the private secure detention facility provide educational programming,
2health care and other care that is equivalent to that which a juvenile would receive
3if held in a public secure detention facility.
AB100-engrossed,2232,54
(b) In addition to the requirements under par. (a), a contract under sub. (1) shall
5include all of the following:
AB100-engrossed,2232,96
1. The rates to be paid by the county for holding a juvenile in the private secure
7detention facility and the charges to be paid by the county for any extraordinary
8medical and dental expenses and any programming provided for a juvenile who is
9held in the private secure detention facility.
AB100-engrossed,2232,1110
2. An agreement that the county retains jurisdiction over a juvenile who is held
11in the private secure detention facility.
AB100-engrossed,2232,1312
3. An agreement that the private secure detention facility is subject to
13investigation and inspection by the department under s. 301.36.
AB100-engrossed,2232,1614
4. Any other matters that are necessary and appropriate concerning the
15obligations, responsibilities and rights of the contracting counties and the
16department.
AB100-engrossed,2232,2318
938.223
(1) The county board of supervisors of any county may contract with
19one or more counties in Minnesota that operate a secure detention facility for the use
20of one or more Minnesota secure detention facilities for the holding of juveniles who
21meet the criteria under s.
48.208, 938.17 (1), 938.183 (1m) (a) or 938.208
or who are
22subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s.
23938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).
AB100-engrossed,2233,7
1938.224 Contracts with department for secure detention facility
2services. (1) The county board of supervisors of any county may contract with the
3department for the use of a secured correctional facility operated by the department
4for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183
5(1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34
6(3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355
7(6d) or 938.534 (1).
AB100-engrossed,2233,8
8(2) A contract under sub. (1) shall require all of the following:
AB100-engrossed,2233,109
(a) That the county may use a secured correctional facility for holding a juvenile
10under sub. (1) only if any of the following criteria are met:
AB100-engrossed,2233,1211
1. There is no county-operated secure detention facility approved by the
12department within 40 miles of the county seat of the county.
AB100-engrossed,2233,1413
2. There is no bed space available in a county-operated secure detention facility
14approved by the department within 40 miles of the county seat of the county.
AB100-engrossed,2233,1815
(b) That the county may use a secured correctional facility for holding a juvenile
16under sub. (1) only if the department approves that use based on the availability of
17beds in the secured correctional facility and on the programming needs of the
18juvenile.
AB100-engrossed,2233,20
19(3) In addition to the requirements under sub. (2), a contract under sub. (1)
20shall include all of the following:
AB100-engrossed,2233,2421
(a) The per person daily rate to be paid by the county for holding a juvenile
22under sub. (1) and the charges to be paid by the county for any extraordinary medical
23and dental expenses and any programming provided for the juvenile by the
24department.
AB100-engrossed,2234,3
1(b) Any other matters that are necessary and appropriate concerning the
2obligations, responsibilities and rights of the contracting county and the
3department.
AB100-engrossed,2234,5
4(4) A juvenile held in custody under sub. (1) is under the supervision and
5control of the department and is subject to the rules and discipline of the department.
AB100-engrossed,2234,227
938.30
(6) If a petition is not contested, the court shall set a date for the
8dispositional hearing which allows reasonable time for the parties to prepare but is
9no more than 10 days from the plea hearing for a juvenile who is held in secure
10custody and no more than 30 days from the plea hearing for a juvenile who is not held
11in secure custody. If it appears to the court that disposition of the case may include
12placement of the juvenile outside the juvenile's home, the court shall order the
13juvenile's parent to provide a statement of income, assets, debts and living expenses
14to the court or the designated agency under s. 938.33 (1) at least 5 days before the
15scheduled date of the dispositional hearing or as otherwise ordered by the court. The
16clerk of court shall provide, without charge, to any parent ordered to provide a
17statement of income, assets, debts and living expenses a document setting forth the
18percentage standard established by the department of
health and family services 19workforce development under s.
46.25
49.22 (9) and listing the factors that a court
20may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
21immediately with the dispositional hearing. If a citation is not contested, the court
22may proceed immediately to enter a dispositional order.
AB100-engrossed,2235,1324
938.31
(7) At the close of the fact-finding hearing, the court shall set a date for
25the dispositional hearing which allows a reasonable time for the parties to prepare
1but is no more than 10 days after the fact-finding hearing for a juvenile in secure
2custody and no more than 30 days after the fact-finding hearing for a juvenile not
3held in secure custody. If it appears to the court that disposition of the case may
4include placement of the juvenile outside the juvenile's home, the court shall order
5the juvenile's parent to provide a statement of income, assets, debts and living
6expenses to the court or the designated agency under s. 938.33 (1) at least 5 days
7before the scheduled date of the dispositional hearing or as otherwise ordered by the
8court. The clerk of court shall provide, without charge, to any parent ordered to
9provide a statement of income, assets, debts and living expenses a document setting
10forth the percentage standard established by the department of
health and family
11services workforce development under s.
46.25 49.22 (9) and listing the factors that
12a court may consider under s. 46.10 (14) (c). If all parties consent, the court may
13immediately proceed with a dispositional hearing.
AB100-engrossed,2235,1715
938.33
(3) (b) A recommendation for an amount of child support to be paid by
16either or both of the juvenile's parents or for referral to the county
designee child
17support agency under s.
59.07 (97) 59.53 (5) for the establishment of child support.
AB100-engrossed,2235,2119
938.33
(4) (b) A recommendation for an amount of child support to be paid by
20either or both of the juvenile's parents or for referral to the county
designee child
21support agency under s.
59.07 (97) 59.53 (5) for the establishment of child support.
AB100-engrossed,2235,2523
938.34
(8d) Delinquency victim and witness assistance surcharge. (a) In
24addition to any other disposition imposed under this section, the court shall impose
25a delinquency victim and witness assistance surcharge of $20.
AB100-engrossed,2236,3
1(b) The clerk of court shall collect and transmit the amount to the county
2treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
3the state treasurer under s. 59.25 (3) (f) 2.
AB100-engrossed,2236,74
(c) If a juvenile placed in a secured correctional facility or a secured child caring
5institution fails to pay the surcharge under par. (a), the department shall assess and
6collect the amount owed from the juvenile's wages or other moneys. Any amount
7collected shall be transmitted to the state treasurer.
AB100-engrossed,2236,208
(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate
9the surcharge and order other alternatives under this section, in accordance with the
10conditions specified in this chapter; or the court may suspend any license issued
11under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's
12operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more
13than 5 years. If the court suspends any license under this subsection, the clerk of the
14court shall immediately take possession of the suspended license and forward it to
15the department which issued the license, together with a notice of suspension clearly
16stating that the suspension is for failure to pay a surcharge imposed by the court.
17If the surcharge is paid during the period of suspension, the suspension shall be
18reduced to the time period which has already elapsed and the court shall
19immediately notify the department which shall then return the license to the
20juvenile.
AB100-engrossed,2236,2222
938.345
(1) (c) Order payment of a forfeiture
or surcharge.
AB100-engrossed,2237,324
938.355
(2) (b) 4. If the juvenile is placed outside the juvenile's home, a
25designation of the amount of support, if any, to be paid by the juvenile's parent,
1guardian or trustee, specifying that the support obligation begins on the date of the
2placement, or a referral to the county
designee child support agency under s.
59.07
3(97) 59.53 (5) for establishment of child support.
AB100-engrossed,2237,205
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
6caring institution under s. 938.34 (4d) violates a condition of his or her placement in
7the Type 2 child caring institution, the child welfare agency operating the Type 2
8child caring institution shall notify the county department that has supervision over
9the juvenile and, if the county department agrees to a change in placement under this
10subdivision, the child welfare agency shall notify the department and the
11department, after consulting with the child welfare agency, may place the juvenile
12in a Type 1 secured correctional facility under the supervision of the department,
13without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
14in a Type 1 secured correctional facility under this subdivision, the county
15department that has supervision over the juvenile shall reimburse the child welfare
16agency operating the Type 2 child caring institution in which the juvenile was placed
17at the rate established under s. 46.037, and that child welfare agency shall reimburse
18the department at the rate specified in s. 301.26 (4) (d)
3m. 2., 3. or 4., whichever is
19applicable, for the cost of the juvenile's care while placed in a Type 1 secured
20correctional facility.
AB100-engrossed,2238,1522
938.357
(4) (d) The department may transfer a juvenile who is subject to an
23order under s. 48.366, 1993 stats., 938.183 or 938.34 (4h) and is placed in a Type 1
24secured correctional facility to the Racine youthful offender correctional facility
25named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile
1offender review in the department has determined that the conduct of the juvenile
2in the Type 1 secured correctional facility presents a serious problem to the juvenile
3or others. The factors that the office of juvenile offender review may consider in
4making that determination shall include, but are not limited to, whether and to what
5extent the juvenile's conduct in the Type 1 secured correctional facility is violent and
6disruptive, the security needs of the Type 1 secured correctional facility and whether
7and to what extent the juvenile is refusing to cooperate or participate in the
8treatment programs provided for the juvenile in the Type 1 secured correctional
9facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding
10the department's exercise of authority under this paragraph unless the department
11provides for a hearing by rule. A juvenile may seek review of a decision of the
12department under this paragraph only by the common law writ of certiorari. If the
13department transfers a juvenile under this paragraph, the department shall send
14written notice of the transfer to the parent, guardian, legal custodian and
15committing court.
AB100-engrossed,2238,2317
938.357
(4g) (b) The department may waive the time period within which an
18aftercare plan must be prepared and submitted under par. (a) if the department
19anticipates that the juvenile will remain in the secured correctional facility or
20secured child caring institution for a period exceeding 8 months or if the juvenile is
21subject to s. 48.366 or 938.183
(2). If the department waives that time period, the
22aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan
23within 30 days after the date on which the department requests the aftercare plan.
AB100-engrossed,2239,11
1938.357
(5m) If a proposed change in placement changes a juvenile's placement
2from a placement in the juvenile's home to a placement outside the juvenile's home,
3the court shall order the juvenile's parent to provide a statement of income, assets,
4debts and living expenses to the court or the person or agency primarily responsible
5for implementing the dispositional order by a date specified by the court. The clerk
6of court shall provide, without charge, to any parent ordered to provide a statement
7of income, assets, debts and living expenses a document setting forth the percentage
8standard established by the department of
health and family services workforce
9development under s.
46.25 49.22 (9) and listing the factors that a court may consider
10under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court
11shall determine the liability of the parent in the manner provided in s. 46.10 (14).
AB100-engrossed,2239,2413
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
14court otherwise designates an alternative placement for the juvenile by a disposition
15made under s. 938.183
(2), 938.34 or 938.345 or by a change in placement under s.
16938.357, the duty of the parent or guardian to provide support shall continue even
17though the legal custodian or the placement designee may provide the support. A
18copy of the order transferring custody or designating alternative placement for the
19juvenile shall be submitted to the agency or person receiving custody or placement
20and the agency or person may apply to the court for an order to compel the parent
21or guardian to provide the support. Support payments for residential services, when
22purchased or otherwise funded or provided by the department, or a county
23department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
24s. 46.10 (14).
AB100-engrossed,2240,10
1938.36
(1) (b) In determining the amount of support under par. (a), the court
2may consider all relevant financial information or other information relevant to the
3parent's earning capacity, including information reported
under s. 49.22 (2m) to the
4department of
health and family services workforce development, or the county child
5and spousal support agency, under s.
46.25 (2m) 59.53 (5). If the court has
6insufficient information with which to determine the amount of support, the court
7shall order the juvenile's parent to furnish a statement of income, assets, debts and
8living expenses, if the parent has not already done so, to the court within 10 days
9after the court's order transferring custody or designating an alternative placement
10is entered or at such other time as ordered by the court.
AB100-engrossed,2240,1712
938.365
(2g) (a) At the hearing the person or agency primarily responsible for
13providing services to the juvenile shall file with the court a written report stating to
14what extent the dispositional order has been meeting the objectives of the plan for
15the juvenile's rehabilitation or care and treatment. The
office of juvenile offender
16review
program may file a written report regarding any juvenile examined by the
17program.
AB100-engrossed,2241,219
938.396
(1m) (a)
If requested by the school district administrator of a public
20school district, a A law enforcement agency
, on its own initiative or on the request
21of the school district administrator of a public school district or the school district
22administrator's designee, may
, subject to official agency policy, provide to the school
23district administrator
or designee any information in its records relating to the use,
24possession or distribution of alcohol or a controlled substance or controlled substance
1analog by a
pupil juvenile enrolled in the public school district. The information shall
2be used by the school district as provided under s. 118.127 (2).
AB100-engrossed,2241,104
938.396
(1m) (am)
If requested by a school district administrator of a public
5school district, a A law enforcement agency
, on its own initiative or on the request
6of the school district administrator of a public school district or the school district
7administrator's designee, may, subject to official agency policy, provide to the school
8district administrator
or designee any information in its records relating to the
9illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10).
10The information shall be used by the school district as provided in s. 118.127 (2).
AB100-engrossed,2241,1912
938.396
(1m) (ar) A law enforcement agency, on its own initiative or on the
13request of the school district administrator of a public school district or the school
14district administrator's designee, may, subject to official agency policy, provide to the
15school district administrator or designee any information in its records relating to
16an act for which a juvenile enrolled in the school district was taken into custody
17under s. 938.19 based on a law enforcement officer's belief that the juvenile was
18committing or had committed an act that is a violation specified in s. 938.34 (4h) (a).
19The information shall be used by the school district as provided in s. 118.127 (2).
AB100-engrossed,2242,321
938.396
(1m) (b)
If requested by the school district administrator of a public
22school district, a A law enforcement agency
, on its own initiative or on the request
23of the school district administrator of a public school district or the school district
24administrator's designee, may
disclose, subject to official agency policy, provide to
25the school district administrator
or designee any information in its records relating
1to the act for which a juvenile enrolled in the public school district was adjudged
2delinquent. The information shall be used by the school district as provided in s.
3118.127
(3) (2).
AB100-engrossed,2242,175
938.48
(4) Provide appropriate care and training for juveniles under its
6supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including
7serving those juveniles in their own homes, placing them in licensed foster homes or
8licensed treatment foster homes in accordance with s. 48.63 or licensed group homes,
9contracting for their care by licensed child welfare agencies or replacing them in
10juvenile correctional institutions or secured child caring institutions in accordance
11with rules promulgated under ch. 227, except that the department may not purchase
12the educational component of private day treatment programs for juveniles in its
13custody unless the department, the school board as defined in s. 115.001 (7) and the
14secretary of education state superintendent of public instruction all determine that
15an appropriate public education program is not available. Disputes between the
16department and the school district shall be resolved by the
secretary of education 17state superintendent of public instruction.
AB100-engrossed,2242,2519
938.48
(14) Pay maintenance, tuition and related expenses from the
20appropriation under s. 20.410 (3)
(am) and (ho) for persons who when they reached
2117 years of age were students regularly attending a school, college or university or
22regularly attending a course of vocational or technical training designed to fit them
23for gainful employment, and who when reaching that age were under the supervision
24of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result
25of a judicial decision.
AB100-engrossed,2243,8
2938.53 Duration of control of department over delinquents. Except as
3provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
4been placed under the supervision of the department under s. 938.183, 938.34
(4h), 5(4m)
, (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department
6determines that there is a reasonable probability that it is no longer necessary either
7for the rehabilitation and treatment of the juvenile or for the protection of the public
8that the department retain supervision.
AB100-engrossed,2244,1110
938.533
(2) Corrective sanctions program. From the appropriation under s.
1120.410 (3) (hr), the department shall provide a corrective sanctions program to serve
12an average daily population of
105 106 juveniles in fiscal year 1997-98 and 136
13juveniles
in fiscal year 1998-99, or an average daily population of more than
105 106
14juveniles in fiscal year 1997-98 and 136 juveniles
in fiscal year 1998-99 if the
15appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
16the positions for the program are increased under s. 13.101 or 16.505 (2)
or if funding
17and positions to serve more than those average daily populations are otherwise
18available, in not less than 3 counties, including Milwaukee County. The
office of 19juvenile offender review
program in the department shall evaluate and select for
20participation in the program juveniles who have been placed under the supervision
21of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The
22department shall place a program participant in the community, provide intensive
23surveillance of that participant and provide an average of $5,000 per year per slot
24to purchase community-based treatment services for each participant. The
25department shall make the intensive surveillance required under this subsection
1available 24 hours a day, 7 days a week, and may purchase or provide electronic
2monitoring for the intensive surveillance of program participants. The department
3shall provide a report center in Milwaukee County to provide on-site programming
4after school and in the evening for juveniles from Milwaukee County who are placed
5in the corrective sanctions program. A contact worker providing services under the
6program shall have a case load of approximately 10 juveniles and, during the initial
7phase of placement in the community under the program of a juvenile who is
8assigned to that contact worker, shall have not less than one face-to-face contact per
9day with that juvenile. Case management services under the program shall be
10provided by a corrective sanctions agent who shall have a case load of approximately
1115 juveniles. The department shall promulgate rules to implement the program.