AB443,272,24
10938.50 Examination of juveniles under supervision of department. The
11department shall examine every juvenile who is placed under its supervision to
12determine the type of placement best suited to the juvenile and to the protection of
13the public.
This The examination shall include an investigation of the personal and
14family history of the juvenile and his or her environment, any physical or mental
15examinations
considered necessary to determine the type of placement
that is
16necessary appropriate for the juvenile
, and
the an evaluation under s. 938.533 (2) to
17determine whether the juvenile is eligible for corrective sanctions supervision or
18serious juvenile offender supervision.
A The department shall screen a juvenile who
19is examined under this
subsection shall be screened
section to determine whether
20the juvenile is in need of special treatment or care because of alcohol or other drug
21abuse, mental illness
, or severe emotional disturbance.
(2) In making
this the 22examination the department may use any facilities, public or private, that offer
aid
23to it assistance in
the determination of determining the correct placement for the
24juvenile.
AB443, s. 591
25Section
591. 938.505 (1) (title) of the statutes is created to read:
AB443,273,1
1938.505
(1) (title)
Rights and duties of department or county department.
AB443, s. 592
2Section
592. 938.505 (2) of the statutes is amended to read:
AB443,273,163
938.505
(2) Psychotropic medication. (a) If a juvenile 14 years of age or
over
4who older is under the supervision of the department or a county department as
5described in sub. (1)
and who, is not residing in his or her home
, and wishes to be
6administered psychotropic medication but a parent with legal custody or the
7guardian refuses to consent to the administration of psychotropic medication or
8cannot be found, or if there is no parent with legal custody, the department or county
9department acting on the juvenile's behalf may petition the court assigned to
10exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile
11is located for permission to administer psychotropic medication to the juvenile. A
12copy of the petition and a notice of hearing shall be served upon the parent or
13guardian at his or her last-known address. If, after hearing, the court determines
14that all of the following
apply, the court shall grant permission for the department
15or county department to administer psychotropic medication to the juvenile without
16the parent's or guardian's consent:
AB443,273,2217
1.
That the The parent's or guardian's consent is unreasonably withheld
or
18that, the parent or guardian cannot be found
, or
that there is no parent with legal
19custody, except that the court may not determine that a parent's or guardian's
20consent is unreasonably withheld solely because the parent or guardian relies on
21treatment by spiritual means through prayer for healing in accordance with his or
22her religious tradition.
AB443,273,2523
2.
That the The juvenile is 14 years of age or
over and older, is competent to
24consent to the administration of psychotropic medication
, and
that the juvenile 25voluntarily consents to the administration of psychotropic medication.
AB443,274,4
13.
Based The juvenile, based on the recommendation of a physician,
that the
2juvenile is in need of psychotropic medication,
that and psychotropic medication is
3appropriate for the juvenile's needs and
that psychotropic medication is the least
4restrictive treatment consistent with
the juvenile's
those needs.
AB443,274,85
(b) The court may, at the request of the department or county department,
6temporarily approve the administration of psychotropic medication, for not more
7than 10 days after the date of the request, pending the hearing on the petition
, which.
8The hearing shall be held within
those 10 days
that 10-day period.
AB443, s. 593
9Section
593. 938.51 (1) (intro.) of the statutes is amended to read:
AB443,274,1710
938.51
(1) Release from secured facility or supervision. (intro.) At least 15
11days prior to the date of release from a
secured
juvenile correctional facility
, or a
12secured
child caring institution or a secured group home residential care center for
13children and youth of a juvenile who has been adjudicated delinquent and at least
1415 days prior to the release from the supervision of the department or a county
15department of a juvenile who has been adjudicated delinquent, the department or
16county department having supervision over the juvenile shall make a reasonable
17attempt to do all of the following:
AB443, s. 594
18Section
594. 938.51 (1d) (title) and (1g) (title) of the statutes are created to
19read:
AB443,274,2020
938.51
(1d) (title)
Release from nonsecured residential care center.
AB443,274,21
21(1g) (title)
Release from inpatient facility.
AB443, s. 595
22Section
595. 938.51 (1m) of the statutes is amended to read:
AB443,275,723
938.51
(1m) Notification of local agencies. The department or county
24department having supervision over a juvenile described in sub. (1) shall determine
25the local agencies that it will notify under sub. (1) (a) based on the residence of the
1juvenile's parents or on the juvenile's intended residence specified in the juvenile's
2aftercare supervision plan or, if those methods do not indicate the community in
3which the juvenile will reside following release from a
secured juvenile correctional
4facility
, or a secured
child caring institution or a secured group home residential care
5center for children and youth or from the supervision of the department or county
6department, the community in which the juvenile states that he or she intends to
7reside.
AB443, s. 596
8Section
596. 938.51 (1r) (title) of the statutes is created to read:
AB443,275,99
938.51
(1r) (title)
Contents of notice.
AB443, s. 597
10Section
597. 938.51 (2) of the statutes is amended to read:
AB443,276,411
938.51
(2) Notification request cards. The department shall design and
12prepare cards for any person specified in sub. (1) (b), (c), (cm)
, or (d) to send to the
13department or county department having supervision over a juvenile described in
14sub. (1), (1d)
, or (1g). The cards shall have space for
any such person to provide his
15or her the person's name, telephone number and mailing address, the name of the
16applicable juvenile
, and any other information that the department determines is
17necessary. The cards shall
also advise a victim who is under 18 years of age that he
18or she may complete a card requesting notification under sub. (1) (b), (1d)
, or (1g) if
19the notification occurs after the victim attains 18 years of age and advising the
20parent or guardian of a victim who is under 18 years of age that the parent or
21guardian may authorize on the card direct notification of the victim under sub. (1)
22(b), (1d)
, or (1g) if the notification occurs after the victim attains 18 years of age. The
23department shall provide the cards, without charge, to district attorneys. District
24attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b)
25to (d). These persons may send completed cards to the department or county
1department having supervision over the juvenile.
All department Department and
2county department records or portions of records that relate to telephone numbers
3and mailing addresses of these persons are not subject to inspection or copying under
4s. 19.35 (1).
AB443, s. 598
5Section
598. 938.51 (3) (title) of the statutes is created to read:
AB443,276,66
938.51
(3) (title)
Release not affected by failure to notify.
AB443, s. 599
7Section
599. 938.51 (4) (intro.) of the statutes is amended to read:
AB443,276,208
938.51
(4) Notification if escape or absence. (intro.) If a juvenile described
9in sub. (1), (1d), or (1g) escapes from a
secured
juvenile correctional facility,
10residential care center for children and youth,
secured group home, inpatient facility,
11secure juvenile detention facility, or juvenile portion of a county jail, or from the
12custody of a peace officer or a guard of such a facility, center, home, or jail, or has been
13allowed to leave a
secured juvenile correctional facility, residential care center for
14children and youth,
secured group home, inpatient facility,
secure juvenile detention
15facility, or juvenile portion of a county jail for a specified period of time and is absent
16from the facility, center, home, or jail for more than 12 hours after the expiration of
17the specified period, as soon as possible after the department or county department
18having supervision over the juvenile discovers
that
the escape or absence,
that the 19department or county department shall make a reasonable attempt to notify by
20telephone all of the following persons:
AB443, s. 600
21Section
600. 938.52 (1) (d), (2) and (4) of the statutes are amended to read:
AB443,276,2422
938.52
(1) (d) Institutions, facilities
, and services, including
without limitation 23forestry or conservation camps
, for the training and treatment of juveniles 10 years
24of age or older who have been adjudged delinquent.
AB443,277,10
1(2) Use of other facilities. (a) In addition to
the facilities and services
2described in under sub. (1), the department may use other facilities and services
3under its jurisdiction. The department may
also contract for and pay for the use of
4other public facilities or private facilities for the care and treatment of juveniles in
5its care
; but placement. Placement of juveniles in private or public facilities not
6under
its the department's jurisdiction does not terminate
the its supervision under
7s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4)
of the department. Placements
8in institutions for
the mentally ill or developmentally disabled persons with a mental
9illness or development disability shall be made in accordance with ss. 48.14 (5),
1048.63
, and 938.34 (6) (am) and ch. 51.
AB443,277,1711
(b) Public facilities
are required to shall accept and care for persons placed with
12them by the department in the same manner as they would be required to do had the
13legal custody of these persons been transferred by a court of competent jurisdiction.
14Nothing in this subsection
shall be construed to require requires any public facility
15to serve the department
inconsistently in a manner that is inconsistent with
its the
16facility's functions or with the laws and regulations governing
their its activities
; or
17to give gives the department authority to use any private facility without its consent.
AB443,277,2118
(c) The department
shall have the right to may inspect
all facilities any facility 19it is using and
to examine and consult with persons under its supervision under s.
20938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) who have been placed in
that the 21facility.
AB443,277,23
22(4) Coeducational programs and institutions. The department may
institute 23establish and maintain coeducational programs and institutions under this chapter.
AB443, s. 601
24Section
601. 938.53 of the statutes is amended to read:
AB443,278,7
1938.53 Duration of control of department over delinquents. Except as
2provided under ss. 48.366 and 938.183,
all juveniles
a juvenile adjudged delinquent
3who
have has been placed under the supervision of the department under s. 938.183,
4938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) shall be discharged as soon as the
5department determines that there is a reasonable probability that
it departmental
6supervision is no longer necessary
either for the rehabilitation and treatment of the
7juvenile or for the protection of the public
that the department retain supervision.
AB443, s. 602
8Section
602. 938.533 of the statutes is amended to read:
AB443,279,10
9938.533 Corrective sanctions. (2) Corrective sanctions program. From
10the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective
11sanctions program to serve an average daily population of 136 juveniles
, or an
12average daily population of more than 136 juveniles if unless the appropriation
13under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions
14for the program are increased under s. 13.101 or 16.505 (2) or
if unless funding and
15positions to serve more than that average daily population are otherwise available,
16in
not less than at least 3 counties, including Milwaukee County. The
department's 17office of juvenile offender review
in the department shall evaluate and select for
18participation in the program juveniles who have been placed under the supervision
19of the department under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The
20department shall place a program participant in the community, provide intensive
21surveillance of that participant, and provide an average of not more than $3,000 per
22year per slot to purchase community-based treatment services for each participant.
23The department shall make the intensive surveillance
required under this
24subsection available 24 hours a day, 7 days a week, and may purchase or provide
25electronic monitoring for the intensive surveillance of program participants. The
1department shall provide a report center in Milwaukee County to provide on-site
2programming after school and in the evening for juveniles from Milwaukee County
3who are placed in the corrective sanctions program. A contact worker providing
4services under the program shall have a case load of approximately 10 juveniles and,
5during the initial phase of placement in the community under the program of a
6juvenile who is assigned to that contact worker, shall have not less than one
7face-to-face contact per day with that juvenile. Case management services under
8the program shall be provided by a corrective sanctions agent who shall have a case
9load of approximately 15 juveniles. The department shall promulgate rules to
10implement the program.
AB443,279,22
11(3) Institutional status. (a) A participant in the corrective sanctions program
12remains is under the supervision of the department,
remains is subject to the rules
13and discipline of
that the department, and is considered to be in custody, as defined
14in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a
15condition of
that juvenile's his or her participation in the corrective sanctions
16program the department may, without a hearing, take the juvenile into custody and
17place the juvenile in a
secured juvenile detention facility or return the juvenile to
18placement in a Type 1
secured juvenile correctional facility or a secured
child caring
19institution residential care center for children and youth. This paragraph does not
20preclude a juvenile who has violated a condition of the
juvenile's his or her 21participation in the corrective sanctions program from being taken into and held in
22custody under ss. 938.19 to 938.21.
AB443,280,823
(b) The department shall operate the corrective sanctions program as a Type 2
24secured juvenile correctional facility. The secretary may allocate and reallocate
25existing and future facilities as part of the Type 2
secured juvenile correctional
1facility. The Type 2
secured juvenile correctional facility is subject to s. 301.02.
2Construction or establishment of a Type 2
secured
juvenile correctional facility shall
3be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the
4exemptions under s. 13.48 (13), construction or establishment of a Type 2
secured 5juvenile correctional facility is not subject to the ordinances or regulations relating
6to zoning, including zoning under ch. 91, of the county and city, village
, or town in
7which the construction or establishment takes place and is exempt from the
8investigations permitted under s. 46.22 (1) (c) 1. b.
AB443,280,11
9(3m) Escape. If a juvenile runs away from
the juvenile's his or her placement
10in the community while participating in the corrective sanctions program,
that the 11juvenile is considered to have escaped in violation of s. 946.42 (3) (c).
AB443, s. 603
12Section
603. 938.534 (1) (title) of the statutes is created to read:
AB443,280,1413
938.534
(1) (title)
Program requirements; violation of condition of
14participation.
AB443, s. 604
15Section
604. 938.534 (1) (a) and (b) 1., 2. and 4. of the statutes are amended
16to read:
AB443,281,217
938.534
(1) (a) A county department may provide an intensive supervision
18program for juveniles who have been adjudicated delinquent and ordered to
19participate in an intensive supervision program under s. 938.34 (2r). A county
20department that provides
an intensive supervision
a program shall purchase or
21provide intensive surveillance and community-based treatment services for
22participants in
that the program and may purchase or provide electronic monitoring
23for the intensive surveillance of program participants. A caseworker providing
24services under
an intensive supervision a program may have a case load of no more
25than 10 juveniles and shall have not less than one face-to-face contact per day with
1each juvenile who is assigned to that caseworker
, except that the face-to-face contact
2requirement does not apply to a juvenile placed under par. (b) or (c).
AB443,281,203
(b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
4policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
5the county board relating to the taking into custody and placement of a juvenile
6under this subdivision, if a juvenile violates a condition of the
juvenile's his or her 7participation in the program, the juvenile's caseworker or any other person
8authorized to provide or providing intake or dispositional services for the court under
9s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
10the juvenile in a
secure juvenile detention facility or juvenile portion of a county jail
11that meets the standards promulgated by the department by rule or in a place of
12nonsecure custody designated by that person for not more than 72 hours while the
13alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a
14change in the conditions of the juvenile's participation in the program are being
15investigated
,. Short-term detention under this subdivision may be imposed only if
16at the dispositional hearing the court explained those conditions to the juvenile and
17informed the juvenile of
the possibility of that
possible placement or if before the
18violation the juvenile has acknowledged in writing that he or she has read, or has had
19read to him or her, those conditions and that possible placement and that he or she
20understands those conditions and that possible placement.
AB443,282,1921
2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
22policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
23the county board relating to the taking into custody and placement of a juvenile
24under this subdivision, if a juvenile violates a condition of the juvenile's participation
25in the program, the juvenile's caseworker or any other person authorized to provide
1or providing intake or dispositional services for the court under s. 938.067 or 938.069
2may, without a hearing, take the juvenile into custody and place the juvenile in a
3secure juvenile detention facility or juvenile portion of a county jail that meets the
4standards promulgated by the department by rule or in a place of nonsecure custody
5designated by that person for not more than 72 hours as a consequence of that
6violation
,. Short-term detention under this subdivision may be imposed only if at
7the dispositional hearing the court explained those conditions to the juvenile and
8informed the juvenile of
the possibility of that
possible placement or if before the
9violation the juvenile has acknowledged in writing that he or she has read, or has had
10read to him or her, those conditions and that possible placement and that he or she
11understands those conditions and that possible placement. A person who takes a
12juvenile into custody under this subdivision shall permit the juvenile to make a
13written or oral statement concerning the possible placement of the juvenile and the
14course of conduct for which the juvenile was taken into custody. A person designated
15by the court or the county department who is employed in a supervisory position by
16a person authorized to provide or providing intake or dispositional services under s.
17938.067 or 938.069 shall review that statement and
shall either approve the
18placement
, modify the terms of the placement, or order the juvenile to be released
19from custody.
AB443,282,2420
4. The use of placement in a
secure juvenile detention facility or in a juvenile
21portion of a county jail as a place of short-term detention under subd. 1. or 2. is
22subject to the adoption of a resolution by the county board of supervisors under s.
23938.06 (5) authorizing the use of those placements as places of short-term detention
24under 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
1Section
605. 938.534 (1) (c) and (d) and (2) of the statutes are amended to read:
AB443,283,132
938.534
(1) (c) Notwithstanding ss. 938.19 to 938.21, but subject to any general
3written policies adopted by the court under s. 938.06 (1) or (2) and to any policies
4adopted by the county board relating to the taking into custody and placement of a
5juvenile under this paragraph,
if the juvenile is in need of crisis intervention the
6juvenile's caseworker may
also, without a hearing, take the juvenile into custody and
7place the juvenile in a place of nonsecure custody for not more than 30 days
as crisis
8intervention, if the juvenile is in need of crisis intervention and, if. This placement
9may be made only if at the dispositional hearing the court informed the juvenile of
10the possibility of that
possible placement or if before the violation the juvenile has
11acknowledged in writing that he or she has read, or has had read to him or her, those
12conditions and that possible placement and that he or she understands those
13conditions and that possible placement.
AB443,284,314
(d) If the juvenile is held under par. (b) 1. or 2. in a
secure juvenile detention
15facility, juvenile portion of a county jail
, or place of nonsecure custody for longer than
1672 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall be
17conducted in the manner provided in s. 938.21, except that the hearing shall be
18conducted within 72 hours, rather than 24 hours, after the end of the day that the
1decision to hold the juvenile was made and a written statement of the reasons for
2continuing to hold the juvenile in custody may be filed rather than a petition under
3s. 938.25.
AB443,284,10
4(2) Rules for intensive supervision program. The department shall
5promulgate rules specifying the requirements for an intensive supervision program
6under this section. The rules shall include
rules that govern provisions governing 7the use of placement in a
secure juvenile detention facility, juvenile portion of a
8county jail
, or place of nonsecure custody for not more than 72 hours under sub. (1)
9(b) and the use of placement in a place of nonsecure custody for not more than 30 days
10under sub. (1) (c).
AB443, s. 606
11Section
606. 938.535 of the statutes is amended to read:
AB443,284,20
12938.535 Early release and intensive supervision program; limits. The
13department may establish a program for the early release and intensive supervision
14of juveniles who have been placed in a
secured juvenile correctional facility or a
15secured
child caring institution residential care center for children and youth under
16s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been
17placed in a
secured juvenile correctional facility or a secured
child caring institution 18residential care center for children and youth as a result of a delinquent act involving
19the commission of a violent crime as defined in s. 969.035, but not including the crime
20specified in s. 948.02 (1).
AB443, s. 607
21Section
607. 938.538 (3) (a) 1., 1m., 1p. and 2. of the statutes are amended to
22read:
AB443,285,223
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1
secured juvenile 24correctional facility
, or a secured
child caring institution or, if the participant is 17
25years of age or over or 15 years of age or over and transferred under s. 938.357 (4)
1(d), a Type 1 prison, as defined in s. 301.01 (5),
residential care center for children
2and youth for a period of not more than 3 years.
AB443,285,103
1m. If the participant has been adjudicated delinquent for committing an act
4that would be a Class A felony if committed by an adult, placement in a Type 1
5secured juvenile correctional facility
, or a secured
child caring institution or, if the
6participant is 17 years of age or over or 15 years of age or over and transferred under
7s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), residential care center
8for children and youth until the participant reaches 25 years of age, unless the
9participant is released sooner, subject to a mandatory minimum period of
10confinement of not less than one year.
AB443,285,1311
1p. Alternate care, including placement in a foster home, treatment foster
12home, group home, residential care center for children and youth, or secured
child
13caring institution residential care center for children and youth.
AB443,285,1614
2. Intensive or other field supervision, including corrective sanctions
15supervision under s. 938.533
, or aftercare supervision
or, if the participant is 17
16years of age or over, intensive sanctions supervision under s. 301.048.
AB443, s. 608
17Section
608. 938.538 (4), (5) (b) and (c), (6) and (6m) (b) of the statutes are
18amended to read:
AB443,286,1019
938.538
(4) Institutional status. (a) A participant in the
serious juvenile
20offender program
under this section is under the supervision and control of the
21department, is subject to the rules and discipline of the department
, and is
22considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19
23to 938.21, if a participant violates a condition of his or her participation in the
24program under sub. (3) (a) 2. to 9. while placed in a Type 2
secured juvenile 25correctional facility the department may, without a hearing, take the participant into
1custody and return him or her to placement in a Type 1
secured juvenile correctional
2facility
, or a secured
child caring institution or, if the participant is 17 years of age
3or over, a Type 1 prison, as defined in s. 301.01 (5) residential care center for children
4and youth. Any intentional failure of a participant to remain within the extended
5limits of his or her placement while participating in the serious juvenile offender
6program or to return within the time prescribed by the administrator of the division
7of intensive sanctions in the department is considered an escape under s. 946.42 (3)
8(c). This paragraph does not preclude a juvenile who has violated a condition of the
9juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into
10and held in custody under ss. 938.19 to 938.21.
AB443,286,2111
(b) The department shall operate the component phases of the program
12specified in sub. (3) (a) 2. to 9. as a Type 2
secured juvenile correctional facility. The
13secretary of corrections may allocate and reallocate existing and future facilities as
14part of the Type 2
secured juvenile correctional facility. The Type 2
secured juvenile 15correctional facility is subject to s. 301.02. Construction or establishment of a Type 2
16secured juvenile correctional facility shall be in compliance with all state laws except
17s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction
18or establishment of a Type 2
secured juvenile correctional facility is not subject to the
19ordinances or regulations relating to zoning, including zoning under ch. 91, of the
20county and city, village
, or town in which the construction or establishment takes
21place and is exempt from inspections required under s. 301.36.
AB443,286,25
22(5) (b) The department may discharge a participant from participation in the
23serious juvenile offender program and from departmental supervision and control at
24any time after
the participant he or she has completed 3 years
of participation in the
25serious juvenile offender program.
AB443,287,4
1(c) Sections 938.357 and 938.363 do not apply to changes of placement and
2revisions of orders for a juvenile who is a participant in the
serious juvenile offender
3program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the
4Racine youthful offender correctional facility named in s. 302.01
program.
AB443,287,13
5(6) Purchase of services. The department of corrections may contract with the
6department of health and family services, a county department
, or any public or
7private agency for the purchase of goods, care
, and services for participants in the
8serious juvenile offender program
under this section. The department of corrections
9shall reimburse a person from whom it purchases goods, care
, or services under this
10subsection from the appropriation under s. 20.410 (3) (cg)
or, if the person for whom
11the goods, care or services are purchased is placed in a Type 1 prison, as defined s.
12301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the
13appropriate appropriation under s. 20.410 (1).
AB443,287,23
14(6m) (b) In the selection of classified service employees for a
secured juvenile 15correctional facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a),
16the appointing authority shall make every effort to use the expanded certification
17program under s. 230.25 (1n) or rules of the administrator of the division of merit
18recruitment and selection in the office of state employment relations to ensure that
19the percentage of employees who are minority group members approximates the
20percentage of the juveniles placed at that
secured
juvenile correctional facility who
21are minority group members. The administrator of the division of merit recruitment
22and selection in the office of state employment relations shall provide guidelines for
23the 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
1Section
609. 938.539 (1) of the statutes is amended to read:
AB443,288,72
938.539
(1) Type 2 residential care center; county department control. A
3juvenile who is placed in a Type 2
child caring institution residential care center for
4children and youth under s. 938.34 (4d) or who, having been so placed, is replaced
5in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and
6control of the county department, is subject to the rules and discipline of the county
7department
, and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB443, s. 610
8Section
610. 938.539 (2) to (5) of the statutes are amended to read:
AB443,288,149
938.539
(2) Type 2 juvenile correctional facility; department control. A
10juvenile who is placed in a Type 2
secured juvenile correctional facility under s.
11938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive
12placement under s. 938.357 (4) (c) is under the supervision and control of the
13department, is subject to the rules and discipline of the department
, and is
14considered to be in custody, as defined in s. 946.42 (1) (a).
AB443,289,2
15(3) Violation of condition of placement. Notwithstanding ss. 938.19 to
16938.21, if a juvenile placed in a Type 2
child caring institution residential care center
17for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
secured 18juvenile correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his
19or her placement in the
Type 2 child caring institution center or
Type 2 secured
20correctional facility, the juvenile may be placed in a Type 1
secured juvenile 21correctional facility as provided in s. 938.357 (4) (b). This subsection does not
22preclude a juvenile who has violated a condition of the juvenile's placement in a Type
232
secured juvenile correctional facility or a Type 2
child caring institution residential
1care center for children and youth from being taken into and held in custody under
2ss. 938.19 to 938.21.
AB443,289,9
3(4) Escape or absence. Any intentional failure of a A juvenile placed in a
4Type 2
child caring institution residential care center for children and youth under
5s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
secured juvenile correctional facility
6under s. 938.357 (4) (a) or (c)
who intentionally fails to remain within the extended
7limits of his or her placement or to return within the time prescribed by the
8administrator of the
Type 2 child caring institution center or
Type 2 secured
9correctional facility is considered an escape under s. 946.42 (3) (c).
AB443,289,23
10(5) Operation as Type 2 placement. With respect to a juvenile who is placed
11in a
secured residential care center for children and youth
or a secured child caring
12institution under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement
13under s. 938.357 (4) (c), the child welfare agency operating the
residential care center
14for children and youth or secured child caring institution in which the juvenile is
15placed, and the person operating any less restrictive placement in which the juvenile
16is placed, shall operate that
residential care center
for children and youth, secured
17child caring institution, or less restrictive placement as a Type 2
child caring
18institution residential care center for children and youth or a Type 2
secured juvenile 19correctional facility. This subsection does not preclude a child welfare agency or
20other person from placing in a residential care center for children and youth
, secured
21child caring institution, or less restrictive placement in which a juvenile is placed
22under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not placed under s.
23938.34 (4d) or 938.357 (4) (a) or (c).
AB443, s. 611
24Section
611. 938.539 (6) (title) of the statutes is created to read:
AB443,289,2525
938.539
(6) (title)
Rule-making.
AB443, s. 612
1Section
612. 938.549 (1) (title), (2) (title) and (3) (title) of the statutes are
2created to read:
AB443,290,33
938.549
(1) (title)
Classification system; content.
AB443,290,4
4(2) (title)
Uses of classification system.
AB443,290,5
5(3) (title)
Training in use of system.
AB443, s. 613
6Section
613. 938.57 (1) (title) of the statutes is created to read:
AB443,290,77
938.57
(1) (title)
County department duties; powers.
AB443, s. 614
8Section
614. 938.57 (1) (b), (c), (cm), (d) and (2) of the statutes are amended
9to read:
AB443,290,1410
938.57
(1) (b) Accept legal custody or supervision of juveniles transferred to it
11by the court under s. 938.355 and provide special treatment or care if ordered by the
12court. Except as provided in s. 938.505 (2), a court may not order a county
13department to administer psychotropic medications to juveniles who receive special
14treatment or care
under this paragraph.
AB443,291,315
(c) Provide appropriate protection and services for juveniles in its care,
16including providing services for juveniles and their families in their own homes,
17placing the juveniles in licensed foster homes, licensed treatment foster homes
, or
18licensed group homes in this state or another state within a reasonable proximity to
19the agency with legal custody
or, contracting for services for them by licensed child
20welfare agencies
, or replacing them in
secured juvenile correctional facilities
, or 21secured
child caring institutions or secured group homes residential care centers for
22children and youth in accordance with rules promulgated under ch. 227, except that
23the county department may not purchase the educational component of private day
24treatment programs unless the county department, the school board
, as defined in
25s. 115.001 (7)
, and the state superintendent of public instruction
all determine that
1an appropriate public education program is not available. Disputes between the
2county department and the school district shall be resolved by the state
3superintendent of public instruction.
AB443,291,104
(cm) Provide appropriate services for juveniles who are referred to the county
5department by a municipal court, except that if the funding, staffing
, or other
6resources of the county department for juvenile welfare services are insufficient to
7meet the needs of all juveniles who are eligible to receive services from the county
8department, the county department shall give first priority to juveniles who are
9referred to
the county department it by the court assigned to exercise jurisdiction
10under this chapter and ch. 48.
AB443,291,1211
(d) Provide for the moral and religious training of juveniles in its care according
12to the religious
belief beliefs of the juvenile or of his or her parents.
AB443,291,16
13(2) Assistance from private individuals and organizations. In performing the
14functions
specified in under sub. (1)
, the county department may
avail itself of the
15cooperation accept the assistance of
any an individual or private agency or
16organization interested in the social welfare of juveniles in the county.
AB443, s. 615
17Section
615. 938.57 (3) (title) of the statutes is created to read:
AB443,291,1818
938.57
(3) (title)
Continuing maintenance for juveniles over 17.
AB443, s. 616
19Section
616. 938.57 (4) of the statutes is amended to read: