AB443: Bill Text

AB443, s. 589 Section 589. 938.49 (2) of the statutes is renumbered 938.49 (2) (intro.) and amended to read:

AB443,272,2 938.49 (2) Transfer of court report and pupil records. (intro.) When the a court places a juvenile in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth under the supervision of the department, the court and all other public agencies shall also immediately transfer do all of the following:

AB443,272,5 (a) Transfer to the department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify.

AB443,272,7 (b) Notify the juvenile's last school district in writing of its obligation under s. 118.125 (4).

AB443, s. 590 Section 590. 938.50 (1) and (2) of the statutes are consolidated, renumbered 938.50 and amended to read:

AB443,272,24 938.50 Examination of juveniles under supervision of department. The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary appropriate for the juvenile, and the an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A The department shall screen a juvenile who is examined under this subsection shall be screened section 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. (2) In making this the examination the department may use any facilities, public or private, that offer aid to it assistance in the determination of determining the correct placement for the juvenile.

AB443, s. 591 Section 591. 938.505 (1) (title) of the statutes is created to read:

AB443,273,1 938.505 (1) (title) Rights and duties of department or county department.

AB443, s. 592 Section 592. 938.505 (2) of the statutes is amended to read:

AB443,273,16 938.505 (2) Psychotropic medication. (a) If a juvenile 14 years of age or over who older is under the supervision of the department or a county department as described in sub. (1) and who, is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

AB443,273,22 1. That the The parent's or guardian's consent is unreasonably withheld or that, the parent or guardian cannot be found, or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.

AB443,273,25 2. That the The juvenile is 14 years of age or over and older, is competent to consent to the administration of psychotropic medication, and that the juvenile voluntarily consents to the administration of psychotropic medication.

AB443,274,4 3. Based The juvenile, based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that and psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's those needs.

AB443,274,8 (b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition, which. The hearing shall be held within those 10 days that 10-day period.

AB443, s. 593 Section 593. 938.51 (1) (intro.) of the statutes is amended to read:

AB443,274,17 938.51 (1) Release from secured facility or supervision. (intro.) At least 15 days prior to the date of release from a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

AB443, s. 594 Section 594. 938.51 (1d) (title) and (1g) (title) of the statutes are created to read:

AB443,274,20 938.51 (1d) (title) Release from nonsecured residential care center.

AB443,274,21 (1g) (title) Release from inpatient facility.

AB443, s. 595 Section 595. 938.51 (1m) of the statutes is amended to read:

AB443,275,7 938.51 (1m) Notification of local agencies. The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB443, s. 596 Section 596. 938.51 (1r) (title) of the statutes is created to read:

AB443,275,9 938.51 (1r) (title) Contents of notice.

AB443, s. 597 Section 597. 938.51 (2) of the statutes is amended to read:

AB443,276,4 938.51 (2) Notification request cards. The department shall design and prepare cards for any person specified in sub. (1) (b), (c), (cm), or (d) to send to the department or county department having supervision over a juvenile described in sub. (1), (1d), or (1g). The cards shall have space for any such person to provide his or her the person's name, telephone number and mailing address, the name of the applicable juvenile, and any other information that the department determines is necessary. The cards shall also advise a victim who is under 18 years of age that he or she may complete a card requesting notification under sub. (1) (b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age and advising the parent or guardian of a victim who is under 18 years of age that the parent or guardian may authorize on the card direct notification of the victim under sub. (1) (b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b) to (d). These persons may send completed cards to the department or county department having supervision over the juvenile. All department Department and county department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

AB443, s. 598 Section 598. 938.51 (3) (title) of the statutes is created to read:

AB443,276,6 938.51 (3) (title) Release not affected by failure to notify.

AB443, s. 599 Section 599. 938.51 (4) (intro.) of the statutes is amended to read:

AB443,276,20 938.51 (4) Notification if escape or absence. (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from 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, or from the custody of a peace officer or a guard of such a facility, center, home, 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 period of time and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that the escape or absence, that the department or county department shall make a reasonable attempt to notify by telephone all of the following persons:

AB443, s. 600 Section 600. 938.52 (1) (d), (2) and (4) of the statutes are amended to read:

AB443,276,24 938.52 (1) (d) Institutions, facilities, and services, including without limitation forestry or conservation camps, for the training and treatment of juveniles 10 years of age or older who have been adjudged delinquent.

AB443,277,10 (2) Use of other facilities. (a) In addition to the facilities and services described in under sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care; but placement. Placement of juveniles in private or public facilities not under its the department's jurisdiction does not terminate the its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) of the department. Placements in institutions for the mentally ill or developmentally disabled persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

AB443,277,17 (b) Public facilities are required to shall accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require requires any public facility to serve the department inconsistently in a manner that is inconsistent with its the facility's functions or with the laws and regulations governing their its activities; or to give gives the department authority to use any private facility without its consent.

AB443,277,21 (c) The department shall have the right to may inspect all facilities any facility it is using and to examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) who have been placed in that the facility.

AB443,277,23 (4) Coeducational programs and institutions. The department may institute establish and maintain coeducational programs and institutions under this chapter.

AB443, s. 601 Section 601. 938.53 of the statutes is amended to read:

AB443,278,7 938.53 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.

AB443, s. 602 Section 602. 938.533 of the statutes is amended to read:

AB443,279,10 938.533 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.

AB443,279,22 (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.

AB443,280,8 (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.

AB443,280,11 (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).

AB443, s. 603 Section 603. 938.534 (1) (title) of the statutes is created to read:

AB443,280,14 938.534 (1) (title) Program requirements; violation of condition of participation.

AB443, s. 604 Section 604. 938.534 (1) (a) and (b) 1., 2. and 4. of the statutes are amended to read:

AB443,281,2 938.534 (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).

AB443,281,20 (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.

AB443,282,19 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.

AB443,282,24 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.

AB443, s. 605 Section 605. 938.534 (1) (c) and (d) and (2) of the statutes are amended to read:

AB443,283,13 938.534 (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.

AB443,284,3 (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.

AB443,284,10 (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).

AB443, s. 606 Section 606. 938.535 of the statutes is amended to read:

AB443,284,20 938.535 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).

AB443, s. 607 Section 607. 938.538 (3) (a) 1., 1m., 1p. and 2. of the statutes are amended to read:

AB443,285,2 938.538 (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.

AB443,285,10 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.

AB443,285,13 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.

AB443,285,16 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.

AB443, s. 608 Section 608. 938.538 (4), (5) (b) and (c), (6) and (6m) (b) of the statutes are amended to read:

AB443,286,10 938.538 (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.

AB443,286,21 (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.

AB443,286,25 (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.

AB443,287,4 (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.

AB443,287,13 (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).

AB443,287,23 (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.

AB443, s. 609 Section 609. 938.539 (1) of the statutes is amended to read:

AB443,288,7 938.539 (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).

AB443, s. 610 Section 610. 938.539 (2) to (5) of the statutes are amended to read:

AB443,288,14 938.539 (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).

AB443,289,2 (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.

AB443,289,9 (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).

AB443,289,23 (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).

AB443, s. 611 Section 611. 938.539 (6) (title) of the statutes is created to read:

AB443,289,25 938.539 (6) (title) Rule-making.

AB443, s. 612 Section 612. 938.549 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

AB443,290,3 938.549 (1) (title) Classification system; content.

AB443,290,4 (2) (title) Uses of classification system.

AB443,290,5 (3) (title) Training in use of system.

AB443, s. 613 Section 613. 938.57 (1) (title) of the statutes is created to read:

AB443,290,7 938.57 (1) (title) County department duties; powers.

AB443, s. 614 Section 614. 938.57 (1) (b), (c), (cm), (d) and (2) of the statutes are amended to read:

AB443,290,14 938.57 (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.

AB443,291,3 (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.

AB443,291,10 (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.