2005 Wisconsin Act 344

(4) Coeducational programs and institutions. The department may institute establish and maintain coeducational programs and institutions under this chapter.

344,601 Section 601. 938.53 of the statutes is amended to read:

938.53 Duration of control of department over delinquents. Except as provided under ss. 48.366 and 938.183, all juveniles a juvenile adjudged delinquent who have has been placed under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) shall be discharged as soon as the department determines that there is a reasonable probability that it departmental supervision is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the department retain supervision.

344,602 Section 602. 938.533 of the statutes is amended to read:

938.533 Corrective sanctions. (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 136 juveniles, or an average daily population of more than 136 juveniles if unless the appropriation under s. 20.410 (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) or if unless funding and positions to serve more than that average daily population are otherwise available, in not less than at least 3 counties, including Milwaukee County. The department's office of juvenile offender review in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant, and provide an average of not more than $3,000 per year per slot 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 juveniles 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 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

(3) Institutional status. (a) A participant in the corrective sanctions program remains is under the supervision of the department, remains is subject to the rules and discipline of that the department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition of that juvenile's his or her participation in the corrective sanctions program the department may, without a hearing, take the juvenile into custody and place the juvenile in a secured juvenile detention facility or return the juvenile to placement in a Type 1 secured juvenile correctional facility or a secured child caring institution residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of the juvenile's his or her participation in the corrective sanctions program from being taken into and held in custody under ss. 938.19 to 938.21.

(b) The department shall operate the corrective sanctions program as a Type 2 secured juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 secured juvenile correctional facility. The Type 2 secured juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 secured juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

(3m) Escape. If a juvenile runs away from the juvenile's his or her placement in the community while participating in the corrective sanctions program, that the juvenile is considered to have escaped in violation of s. 946.42 (3) (c).

344,603 Section 603. 938.534 (1) (title) of the statutes is created to read:

938.534 (1) (title) Program requirements; violation of condition of participation.

344,604 Section 604. 938.534 (1) (a) and (b) 1., 2. and 4. of the statutes are amended to read:

938.534 (1) (a) A county department may provide an intensive supervision program for juveniles who have been adjudicated delinquent and ordered to participate in an intensive supervision program under s. 938.34 (2r). A county department that provides an intensive supervision a program shall purchase or provide intensive surveillance and community-based treatment services for participants in that the program and may purchase or provide electronic monitoring for the intensive surveillance of program participants. A caseworker providing services under an intensive supervision a program may have a case load of no more than 10 juveniles and shall have not less than one face-to-face contact per day with each juvenile who is assigned to that caseworker, except that the face-to-face contact requirement does not apply to a juvenile placed under par. (b) or (c).

(b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's his or her participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated,. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, . Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and shall either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

4. The use of placement in a secure juvenile detention facility or in a juvenile portion of a county jail as a place of short-term detention under subd. 1. or 2. is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as places of short-term detention under subd. 1. or 2.

Note: Clarifies, in the last sentence in s. 938.534 (1) (a), stats., that the "one face-to-face contact per day" requirement does not apply: (1) under par. (b) when a youth is placed in shelter care or a secure facility for a violation of intensive supervision program rules for a 72-hour hold; or (2) under par. (c) when a youth is placed in non-secure custody for not more than 30 days as crisis intervention. Under current practice, assigned caseworkers do not have daily contact with youth when they are receiving a "service" such as being held in detention or in shelter care.

Specifies, in s. 938.534 (1) (b) 2., stats., that when a juvenile is placed on a 72-hour hold in either a secure or non-secure facility for a violation of a condition of participation in an intensive supervision program, a person authorized to review the juvenile's statement has the authority to modify the placement as well as approve the statement (current law). Under current practice, supervisors do modify the placement downward from 72 hours or suggest that the caseworkers do so if appropriate.

344,605 Section 605. 938.534 (1) (c) and (d) and (2) of the statutes are amended to read:

938.534 (1) (c) Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this paragraph, if the juvenile is in need of crisis intervention the juvenile's caseworker may also, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as crisis intervention, if the juvenile is in need of crisis intervention and, if. This placement may be made only if at the dispositional hearing the court informed the juvenile of the possibility of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

(d) If the juvenile is held under par. (b) 1. or 2. in a secure juvenile detention facility, juvenile portion of a county jail, or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall be conducted in the manner provided in s. 938.21, except that the hearing shall be conducted within 72 hours, rather than 24 hours, after the end of the day that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

(2) Rules for intensive supervision program. The department shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include rules that govern provisions governing the use of placement in a secure juvenile detention facility, juvenile portion of a county jail, or place of nonsecure custody for not more than 72 hours under sub. (1) (b) and the use of placement in a place of nonsecure custody for not more than 30 days under sub. (1) (c).

344,606 Section 606. 938.535 of the statutes is amended to read:

938.535 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

344,607 Section 607. 938.538 (3) (a) 1., 1m., 1p. and 2. of the statutes are amended to read:

938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured juvenile correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), residential care center for children and youth for a period of not more than 3 years.

1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured juvenile correctional facility , or a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), residential care center for children and youth until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

1p. Alternate care, including placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured child caring institution residential care center for children and youth.

2. Intensive or other field supervision, including corrective sanctions supervision under s. 938.533, or aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under s. 301.048.

344,608 Section 608. 938.538 (4), (5) (b) and (c), (6) and (6m) (b) of the statutes are amended to read:

938.538 (4) Institutional status. (a) A participant in the serious juvenile offender program under this section is under the supervision and control of the department, is subject to the rules and discipline of the department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured juvenile correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured juvenile correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5) residential care center for children and youth. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

(b) The department shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 secured juvenile correctional facility. The secretary of corrections may allocate and reallocate existing and future facilities as part of the Type 2 secured juvenile correctional facility. The Type 2 secured juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 secured juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from inspections required under s. 301.36.

(5) (b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant he or she has completed 3 years of participation in the serious juvenile offender program.

(c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in s. 302.01 program.

(6) Purchase of services. The department of corrections may contract with the department of health and family services, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the serious juvenile offender program under this section. The department of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined s. 301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the appropriate appropriation under s. 20.410 (1).

(6m) (b) In the selection of classified service employees for a secured juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the office of state employment relations to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that secured juvenile correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the office of state employment relations shall provide guidelines for the administration of this the selection procedure.

Note: Deletes references to placement of juveniles in state prison from s. 938.538, stats., because the bill repeals the authority of DOC to place juveniles who have been adjudicated delinquent in state prison or under intensive sanctions supervision. See the Note to s. 938.537 (4) (d), stats., as repealed by this bill.

344,609 Section 609. 938.539 (1) of the statutes is amended to read:

938.539 (1) Type 2 residential care center; county department control. A juvenile who is placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

344,610 Section 610. 938.539 (2) to (5) of the statutes are amended to read:

938.539 (2) Type 2 juvenile correctional facility; department control. A juvenile who is placed in a Type 2 secured juvenile correctional facility under s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department, is subject to the rules and discipline of the department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

(3) Violation of condition of placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 secured juvenile correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his or her placement in the Type 2 child caring institution center or Type 2 secured correctional facility, the juvenile may be placed in a Type 1 secured juvenile correctional facility as provided in s. 938.357 (4) (b). This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring institution residential care center for children and youth from being taken into and held in custody under ss. 938.19 to 938.21.

(4) Escape or absence. Any intentional failure of a A juvenile placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 secured juvenile correctional facility under s. 938.357 (4) (a) or (c) who intentionally fails to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the Type 2 child caring institution center or Type 2 secured correctional facility is considered an escape under s. 946.42 (3) (c).

(5) Operation as Type 2 placement. With respect to a juvenile who is placed in a secured residential care center for children and youth or a secured child caring institution under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the residential care center for children and youth or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that residential care center for children and youth, secured child caring institution, or less restrictive placement as a Type 2 child caring institution residential care center for children and youth or a Type 2 secured juvenile correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a residential care center for children and youth, secured child caring institution, or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (a) or (c).

344,611 Section 611. 938.539 (6) (title) of the statutes is created to read:

938.539 (6) (title) Rule-making.

344,612 Section 612. 938.549 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

938.549 (1) (title) Classification system; content.

(2) (title) Uses of classification system.

(3) (title) Training in use of system.

344,613 Section 613. 938.57 (1) (title) of the statutes is created to read:

938.57 (1) (title) County department duties; powers.

344,614 Section 614. 938.57 (1) (b), (c), (cm), (d) and (2) of the statutes are amended to read:

938.57 (1) (b) Accept legal custody or supervision of juveniles transferred to it by the court under s. 938.355 and provide special treatment or care if ordered by the court. Except as provided in s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.

(c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles 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 juvenile correctional facilities, or secured child caring institutions or secured group homes residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the county department 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.

(cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing, or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department it by the court assigned to exercise jurisdiction under this chapter and ch. 48.

(d) Provide for the moral and religious training of juveniles in its care according to the religious belief beliefs of the juvenile or of his or her parents.

(2) Assistance from private individuals and organizations. In performing the functions specified in under sub. (1), the county department may avail itself of the cooperation accept the assistance of any an individual or private agency or organization interested in the social welfare of juveniles in the county.

344,615 Section 615. 938.57 (3) (title) of the statutes is created to read:

938.57 (3) (title) Continuing maintenance for juveniles over 17.

344,616 Section 616. 938.57 (4) of the statutes is amended to read:

938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from secured juvenile correctional facilities, or secured child caring institutions or secured group homes residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured juvenile correctional facilities, or secured child caring institutions or secured group homes, residential care centers for children and youth the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

344,617 Section 617. 938.59 (1) of the statutes is amended to read:

938.59 (1) Investigation and examination. The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (4d) or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection to determine whether the juvenile 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 juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

344,618 Section 618. 938.59 (2) (title) of the statutes is created to read:

938.59 (2) (title) Report to the department.

344,619 Section 619. 938.78 (1) (title) and (2) (title) of the statutes are created to read:

938.78 (1) (title) Definition.

(2) (title) Confidentiality; exceptions.

344,620 Section 620. 938.78 (2) (a), (ag) and (am) of the statutes are amended to read:

938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.

(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over older, to the parent, guardian, legal custodian, or juvenile, unless the agency finds that inspection of the record by the juvenile, parent, guardian, or legal custodian would result in imminent danger to anyone.

(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over older, to the person named in the permission if the parent, guardian, legal custodian, or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.

Note: Clarifies that, with specified exceptions, s. 938.78 (2) (a), stats., applies to the contents of any record kept or information received about an individual who is or was (i.e., currently or in the past) in the agency's care or legal custody.

344,621 Section 621. 938.78 (2) (b) 1. and (3) of the statutes are amended to read:

938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

(3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or 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), 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 juvenile correctional facility, residential care center for children and youth, secured group home, inpatient facility, as defined in s. 51.01 (10), secure juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a secured juvenile correctional facility, residential care center for children and youth, secured group home, inpatient facility, secure juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

344,622 Section 622. 938.795 (1) to (4) of the statutes are amended to read:

938.795 (1) Collect statistics and information. Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department relating to delinquency and crime.

(2) Assist communities. Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating the a total community program relating to delinquency and crime, including the improvement of law enforcement.

(3) Assist schools. Assist schools in extending their particular contribution in locating identifying and helping juveniles vulnerable to delinquency and crime and in improving their school services to for all youth.

(4) Enlighten public opinion. Develop and maintain an enlightened public opinion in support of a any program to control delinquency and crime.

344,623 Section 623. 938.992 (3) of the statutes is amended to read:

938.992 (3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

Note: Deletes reference in s. 938.992 (3), stats., to placement of a juvenile who has been adjudicated delinquent in a state prison. See the Note to s. 938.357 (4) (d), stats., as repealed by this bill.

344,624 Section 624. 940.225 (5) (ab) of the statutes is amended to read:

940.225 (5) (ab) "Correctional institution" means a jail or correctional facility, as defined in s. 961.01 (12m), a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secure juvenile detention facility, as defined in s. 938.02 (16) (10r).

344,625 Section 625. 946.42 (1) (a) of the statutes is amended to read:

946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure juvenile detention facility, as defined in s. 938.02 (16) (10r), a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h), or (4m) , or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

344,626 Section 626. 946.44 (2) (c) and (d) of the statutes are amended to read: