AB100, s. 5240
10Section
5240. 938.06 (2) (b) 2. of the statutes is amended to read:
AB100,1945,1311
938.06
(2) (b) 2. The department shall make training programs available
12annually that permit intake workers
providing services under this chapter to satisfy
13the requirements specified under subd. 1.
AB100, s. 5241
14Section
5241. 938.183 (1m) (c) of the statutes is amended to read:
AB100,1945,1815
938.183
(1m) (c) If the juvenile is convicted of a lesser offense and if any of the
16conditions specified in
s. 938.183 (2) (a) 1. or 2.
sub. (2) (a) or (b) applies, the court
17of criminal jurisdiction may impose a criminal penalty or a disposition specified in
18s. 938.34.
AB100, s. 5242
19Section
5242. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).
AB100, s. 5243
20Section
5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and
21amended to read:
AB100,1946,422
938.183
(3) When a juvenile who is subject to a criminal penalty under
par. (a) 23sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile
24in a state prison named in s. 302.01.
If a juvenile who is subject to a criminal penalty
25under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
1juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
2provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
3par. (a) sub. (1m) or (2) for an act committed before July 1, 1998, is eligible for parole
4under s. 304.06.
AB100, s. 5244
5Section
5244. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and
6amended to read:
AB100,1946,127
938.183
(4) If the juvenile is placed outside the juvenile's home under this
8subsection section, the order shall contain, a designation of the amount of support,
9if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the
10support obligation begins on the date of the placement, or a referral to the county
11designee child support agency under s.
59.07 (97) 59.53 (5) for establishment of child
12support.
AB100, s. 5245
13Section
5245. 938.22 (title) of the statutes is amended to read:
AB100,1946,15
14938.22 (title)
Establishment of secure detention facilities, child caring
15institutions and shelter care facilities.
AB100, s. 5246
16Section
5246. 938.22 (1) (a) of the statutes is amended to read:
AB100,1946,2117
938.22
(1) (a) The county board of supervisors
may establish a secure detention
18facility or a shelter care facility or both of any county, or the county boards of
19supervisors for 2 or more counties
may jointly
, may establish a secure detention
20facility
, a child caring institution or a shelter care facility or
both any combination
21of those facilities or institutions in accordance with ss. 46.16, 46.20 and 301.36.
AB100, s. 5247
22Section
5247. 938.22 (1) (b) of the statutes is amended to read:
AB100,1947,423
938.22
(1) (b) Subject to sub. (3) (ar), in counties having a population of less
24than 500,000, the nonjudicial operational policies of the secure detention facility
,
25child caring institution or shelter care facility shall be determined by the county
1board of supervisors or, in the case of a secure detention facility
, child caring
2institution or shelter care facility established by 2 or more counties, by the county
3boards of supervisors for the 2 or more counties jointly. Those policies shall be
4executed by the superintendent appointed under sub. (3) (a).
AB100, s. 5248
5Section
5248. 938.22 (2) (a) of the statutes is amended to read:
AB100,1947,156
938.22
(2) (a) Counties shall submit plans for the secure detention facility or
7juvenile portion of the county jail to the department of corrections and submit plans
8for the
child caring institution or shelter care facility to the department of health and
9family services. The applicable department shall review the submitted plans. The
10counties may not implement any such plan unless the applicable department has
11approved the plan. The department of corrections shall promulgate rules
12establishing minimum requirements for the approval of the operation of secure
13detention facilities and the juvenile portion of county jails. The plans and rules shall
14be designed to protect the health, safety and welfare of the juveniles in these
15facilities.
AB100, s. 5249
16Section
5249. 938.22 (3) (a) of the statutes is amended to read:
AB100,1947,2517
938.22
(3) (a) In counties having a population of less than 500,000, public
18secure detention facilities
, public child caring institutions and public shelter care
19facilities shall be in the charge of a superintendent. The county board of supervisors
20or, where 2 or more counties operate joint public secure detention facilities
, public
21child caring institutions or public shelter care facilities, the county boards of
22supervisors for the 2 or more counties jointly shall appoint the superintendent and
23other necessary personnel for the care and education of the juveniles in secure
24detention
facilities, child caring institutions or shelter care facilities, subject to par.
25(am) and to civil service regulations in counties having civil service.
AB100, s. 5250
1Section
5250. 938.22 (7) (a) of the statutes is amended to read:
AB100,1948,92
938.22
(7) (a) No person may establish a shelter care facility without first
3obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate
4a shelter care facility, a person must meet the minimum requirements for a license
5established by the department of health and family services under s. 48.67 and pay
6the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter
7care facility is valid
for 2 years after the date of issuance, unless sooner revoked or
8suspended until revoked or suspended, but shall be reviewed every 2 years as
9provided in s. 48.66 (5).
AB100, s. 5251
10Section
5251. 938.22 (7) (b) of the statutes is amended to read:
AB100,1948,1811
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, 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:
AB100,1949,321
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, s. 5253
4Section
5253. 938.22 (7) (c) of the statutes is amended to read:
AB100,1949,105
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, s. 5254
11Section
5254. 938.223 (1) of the statutes is amended to read:
AB100,1949,1712
938.223
(1) The county board of supervisors of any county may contract with
13one or more counties in Minnesota that operate a secure detention facility for the use
14of one or more Minnesota secure detention facilities for the holding of juveniles who
15meet the criteria under s.
48.208, 938.17 (1), 938.183 (1m) (a) or 938.208
or who are
16subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s.
17938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).
AB100, s. 5255
18Section
5255. 938.224 of the statutes is created to read:
AB100,1949,25
19938.224 Contracts with department for secure detention facility
20services. (1) The county board of supervisors of any county may contract with the
21department for the use of a secured correctional facility operated by the department
22for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183
23(1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34
24(3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355
25(6d) or 938.534 (1).
AB100,1950,1
1(2) A contract under sub. (1) shall require all of the following:
AB100,1950,32
(a) That the county may use a secured correctional facility for holding a juvenile
3under sub. (1) only if any of the following criteria are met:
AB100,1950,54
1. There is no county-operated secure detention facility approved by the
5department within 75 miles of the county seat of the county.
AB100,1950,76
2. There is no bed space available in a county-operated secure detention facility
7approved by the department within 75 miles of the county seat of the county.
AB100,1950,118
(b) That the county may use a secured correctional facility for holding a juvenile
9under sub. (1) only if the department approves that use based on the availability of
10beds in the secured correctional facility and on the programming needs of the
11juvenile.
AB100,1950,13
12(3) In addition to the requirements under sub. (2), a contract under sub. (1)
13shall include all of the following:
AB100,1950,1714
(a) The per person daily rate to be paid by the county for holding a juvenile
15under sub. (1) and the charges to be paid by the county for any extraordinary medical
16and dental expenses and any programming provided for the juvenile by the
17department.
AB100,1950,2018
(b) Any other matters that are necessary and appropriate concerning the
19obligations, responsibilities and rights of the contracting county and the
20department.
AB100,1950,22
21(4) A juvenile held in custody under sub. (1) is under the supervision and
22control of the department and is subject to the rules and discipline of the department.
AB100, s. 5256
23Section
5256. 938.296 (6) of the statutes is amended to read:
AB100,1951,324
938.296
(6) The court may order the county to pay for the cost of a test or series
25of tests ordered under sub. (4). This subsection does not prevent recovery of
1reasonable contribution toward the cost of that test or series of tests from the parent
2or guardian of the juvenile as the court may order based on the ability of the parent
3or guardian to pay. This subsection is subject to s.
46.03 301.03 (18).
AB100, s. 5257
4Section
5257. 938.30 (6) of the statutes is amended to read:
AB100,1951,205
938.30
(6) If a petition is not contested, the court shall set a date for the
6dispositional hearing which allows reasonable time for the parties to prepare but is
7no more than 10 days from the plea hearing for a juvenile who is held in secure
8custody and no more than 30 days from the plea hearing for a juvenile who is not held
9in secure custody. If it appears to the court that disposition of the case may include
10placement of the juvenile outside the juvenile's home, the court shall order the
11juvenile's parent to provide a statement of income, assets, debts and living expenses
12to the court or the designated agency under s. 938.33 (1) at least 5 days before the
13scheduled date of the dispositional hearing or as otherwise ordered by the court. The
14clerk of court shall provide, without charge, to any parent ordered to provide a
15statement of income, assets, debts and living expenses a document setting forth the
16percentage standard established by the department of
health and family services 17industry, labor and job development under s.
46.25 49.22 (9) and listing the factors
18that a court may consider under s.
46.10 301.12 (14) (c). If all parties consent the
19court may proceed immediately with the dispositional hearing. If a citation is not
20contested, the court may proceed immediately to enter a dispositional order.
AB100, s. 5258
21Section
5258. 938.31 (7) of the statutes is amended to read:
AB100,1952,1122
938.31
(7) At the close of the fact-finding hearing, the court shall set a date for
23the dispositional hearing which allows a reasonable time for the parties to prepare
24but is no more than 10 days after the fact-finding hearing for a juvenile in secure
25custody and no more than 30 days after the fact-finding hearing for a juvenile not
1held in secure custody. If it appears to the court that disposition of the case may
2include placement of the juvenile outside the juvenile's home, the court shall order
3the juvenile's parent to provide a statement of income, assets, debts and living
4expenses to the court or the designated agency under s. 938.33 (1) at least 5 days
5before the scheduled date of the dispositional hearing or as otherwise ordered by the
6court. The clerk of court shall provide, without charge, to any parent ordered to
7provide a statement of income, assets, debts and living expenses a document setting
8forth the percentage standard established by the department of
health and family
9services industry, labor and job development under s.
46.25 49.22 (9) and listing the
10factors that a court may consider under s.
46.10
301.12 (14) (c). If all parties consent,
11the court may immediately proceed with a dispositional hearing.
AB100, s. 5259
12Section
5259. 938.33 (3) (b) of the statutes is amended to read:
AB100,1952,1513
938.33
(3) (b) A recommendation for an amount of child support to be paid by
14either or both of the juvenile's parents or for referral to the county
designee child
15support agency under s.
59.07 (97) 59.53 (5) for the establishment of child support.
AB100, s. 5260
16Section
5260. 938.33 (4) (b) of the statutes is amended to read:
AB100,1952,1917
938.33
(4) (b) A recommendation for an amount of child support to be paid by
18either or both of the juvenile's parents or for referral to the county
designee child
19support agency under s.
59.07 (97) 59.53 (5) for the establishment of child support.
AB100, s. 5261
20Section
5261. 938.33 (4m) (intro.) of the statutes is amended to read:
AB100,1953,221
938.33
(4m) Support recommendations; information to parents. (intro.) In
22making a recommendation for an amount of child support under sub. (3) or (4), the
23agency shall consider the factors that the court considers under s.
46.10 301.12 (14)
24(c) for deviation from the percentage standard. At or before the dispositional hearing
1under s. 938.335, the agency shall provide the juvenile's parent with all of the
2following:
AB100, s. 5262
3Section
5262. 938.33 (4m) (b) of the statutes is amended to read:
AB100,1953,54
938.33
(4m) (b) A written explanation of how the parent may request that the
5court modify the amount of child support under s.
46.10 301.12 (14) (c).
AB100, s. 5263
6Section
5263. 938.34 (8d) of the statutes is created to read:
AB100,1953,97
938.34
(8d) Delinquency victim and witness assistance surcharge. (a) In
8addition to any other disposition imposed under this section, the court shall impose
9a delinquency victim and witness assistance surcharge of $20.
AB100,1953,1210
(b) The clerk of court shall collect and transmit the amount to the county
11treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
12the state treasurer under s. 59.25 (3) (f) 2.
AB100,1953,1613
(c) If a juvenile placed in a secured correctional facility or a secured child caring
14institution fails to pay the surcharge under par. (a), the department shall assess and
15collect the amount owed from the juvenile's wages or other moneys. Any amount
16collected shall be transmitted to the state treasurer.
AB100,1954,417
(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate
18the surcharge and order other alternatives under this section, in accordance with the
19conditions specified in this chapter; or the court may suspend any license issued
20under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's
21operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more
22than 5 years. If the court suspends any license under this subsection, the clerk of the
23court shall immediately take possession of the suspended license and forward it to
24the department which issued the license, together with a notice of suspension clearly
25stating that the suspension is for failure to pay a surcharge imposed by the court.
1If the surcharge is paid during the period of suspension, the suspension shall be
2reduced to the time period which has already elapsed and the court shall
3immediately notify the department which shall then return the license to the
4juvenile.
AB100, s. 5264
5Section
5264. 938.343 (7) of the statutes is amended to read:
AB100,1954,86
938.343
(7) If the violation is related to the unsafe use of firearms, order the
7juvenile to attend a course under the hunter education and
firearm safety program
8under s. 29.225
that includes the firearm safety component.
AB100, s. 5265
9Section
5265. 938.345 (1) (c) of the statutes is amended to read:
AB100,1954,1010
938.345
(1) (c) Order payment of a forfeiture
or surcharge.
AB100, s. 5266
11Section
5266. 938.355 (2) (b) 4. of the statutes is amended to read:
AB100,1954,1612
938.355
(2) (b) 4. If the juvenile is placed outside the juvenile's home, a
13designation of the amount of support, if any, to be paid by the juvenile's parent,
14guardian or trustee, specifying that the support obligation begins on the date of the
15placement, or a referral to the county
designee child support agency under s.
59.07
16(97) 59.53 (5) for establishment of child support.
AB100, s. 5267
17Section
5267. 938.357 (4) (b) 2. of the statutes is amended to read:
AB100,1955,818
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
19caring institution under s. 938.34 (4d) violates a condition of his or her placement in
20the Type 2 child caring institution, the child welfare agency operating the Type 2
21child caring institution shall notify the county department that has supervision over
22the juvenile and, if the county department agrees to a change in placement under this
23subdivision, the child welfare agency shall notify the department and the
24department, after consulting with the child welfare agency, may place the juvenile
25in a Type 1 secured correctional facility under the supervision of the department,
1without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
2in a Type 1 secured correctional facility under this subdivision, the county
3department that has supervision over the juvenile shall reimburse the child welfare
4agency operating the Type 2 child caring institution in which the juvenile was placed
5at the rate established under s. 46.037, and that child welfare agency shall reimburse
6the department at the rate specified in s. 301.26 (4) (d)
3m. 2., 3. or 4., whichever is
7applicable, for the cost of the juvenile's care while placed in a Type 1 secured
8correctional facility.
AB100, s. 5268
9Section
5268. 938.357 (4) (d) of the statutes is created to read:
AB100,1956,210
938.357
(4) (d) The department may transfer a juvenile who is placed in a Type
111 secured correctional facility to the Racine youthful offender correctional facility
12named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile
13offender review in the department has determined that the conduct of the juvenile
14in the Type 1 secured correctional facility presents a serious problem to the juvenile
15or others. The factors that the office of juvenile offender review may consider in
16making that determination shall include, but are not limited to, whether and to what
17extent the juvenile's conduct in the Type 1 secured correctional facility is violent and
18disruptive, the security needs of the Type 1 secured correctional facility and whether
19and to what extent the juvenile is refusing to cooperate or participate in the
20treatment programs provided for the juvenile in the Type 1 secured correctional
21facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding
22the department's exercise of authority under this paragraph unless the department
23provides for a hearing by rule. A juvenile may seek review of a decision of the
24department under this paragraph only by the common law writ of certiorari. If the
25department transfers a juvenile under this paragraph, the department shall send
1written notice of the transfer to the parent, guardian, legal custodian and
2committing court.
AB100, s. 5269
3Section
5269. 938.357 (4g) (b) of the statutes is amended to read:
AB100,1956,104
938.357
(4g) (b) The department may waive the time period within which an
5aftercare plan must be prepared and submitted under par. (a) if the department
6anticipates that the juvenile will remain in the secured correctional facility or
7secured child caring institution for a period exceeding 8 months or if the juvenile is
8subject to s. 48.366 or 938.183
(2). If the department waives that time period, the
9aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan
10within 30 days after the date on which the department requests the aftercare plan.
AB100, s. 5270
11Section
5270. 938.357 (5m) of the statutes is amended to read:
AB100,1956,2312
938.357
(5m) If a proposed change in placement changes a juvenile's placement
13from a placement in the juvenile's home to a placement outside the juvenile's home,
14the court shall order the juvenile's parent to provide a statement of income, assets,
15debts and living expenses to the court or the person or agency primarily responsible
16for implementing the dispositional order by a date specified by the court. The clerk
17of court shall provide, without charge, to any parent ordered to provide a statement
18of income, assets, debts and living expenses a document setting forth the percentage
19standard established by the department of
health and family services industry, labor
20and job development under s.
46.25 49.22 (9) and listing the factors that a court may
21consider under s.
46.10 301.12 (14) (c). If the juvenile is placed outside the juvenile's
22home, the court shall determine the liability of the parent in the manner provided
23in s.
46.10 301.12 (14).
AB100, s. 5271
24Section
5271. 938.36 (1) (a) of the statutes is amended to read:
AB100,1957,15
1938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
2court otherwise designates an alternative placement for the juvenile by a disposition
3made under s. 938.183
(2), 938.34 or 938.345 or by a change in placement under s.
4938.357, the duty of the parent or guardian to provide support shall continue even
5though the legal custodian or the placement designee may provide the support. A
6copy of the order transferring custody or designating alternative placement for the
7juvenile shall be submitted to the agency or person receiving custody or placement
8and the agency or person may apply to the court for an order to compel the parent
9or guardian to provide the support. Support payments for residential services, when
10purchased or otherwise funded or provided by the department
of corrections, or a
11county department under s. 46.215, 46.22
, or 46.23,
51.42 or 51.437, shall be
12determined under s.
46.10 301.12 (14).
Support payments for residential services,
13when purchased or otherwise funded by the department of health and family
14services, or a county department under s. 51.42 or 51.437, shall be determined under
15s. 46.10 (14).
AB100, s. 5272
16Section
5272. 938.36 (1) (b) of the statutes is amended to read:
AB100,1958,217
938.36
(1) (b) In determining the amount of support under par. (a), the court
18may consider all relevant financial information or other information relevant to the
19parent's earning capacity, including information reported
under s. 49.22 (2m) to the
20department of
health and family services, industry, labor and job development or the
21county child
and spousal support agency
, under s.
46.25 (2m) 59.53 (5). If the court
22has insufficient information with which to determine the amount of support, the
23court shall order the juvenile's parent to furnish a statement of income, assets, debts
24and living expenses, if the parent has not already done so, to the court within 10 days
1after the court's order transferring custody or designating an alternative placement
2is entered or at such other time as ordered by the court.
AB100, s. 5273
3Section
5273. 938.36 (2) of the statutes is amended to read:
AB100,1958,104
938.36
(2) If a juvenile whose legal custody has not been taken from a parent
5or guardian is given educational and social services, or medical, psychological or
6psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
7shall be a charge upon the county. This section does not prevent recovery of
8reasonable contribution toward the costs from the parent or guardian of the juvenile
9as the court may order based on the ability of the parent or guardian to pay. This
10subsection is subject to s.
46.03 301.03 (18).
AB100, s. 5274
11Section
5274. 938.363 (1) of the statutes is amended to read: