AB443, s. 85 3Section 85. 301.26 (4) (cm) 1. and 2. of the statutes are amended to read:
AB443,48,204 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
5shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
6appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
7secured juvenile correctional facilities, secured child caring institutions residential
8care centers for children and youth
, alternate care providers, aftercare supervision
9providers, and corrective sanctions supervision providers for costs incurred
10beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has
11been placed in a secured juvenile correctional facility based on a delinquent act that
12is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36,
131999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305,
14940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1),
15948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or
16that is an attempted violation of s. 943.32 (2)
and for the care of any juvenile 10 years
17of age or over who has been placed in a secured juvenile correctional facility or
18secured child caring institution residential care center for children and youth for
19attempting or committing a violation of s. 940.01 or for committing a violation of s.
20940.02 or 940.05.
AB443,49,421 2. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds
22from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410
23(3) (hm), (ho), and (hr) for the purpose of reimbursing secured juvenile correctional
24facilities, secured child caring institutions residential care centers for children and
25youth
, alternate care providers, aftercare supervision providers , and corrective

1sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
2care of any juvenile 14 years of age or over and under 18 years of age who has been
3placed in a secured juvenile correctional facility under s. 48.366 based on a
4delinquent act that is a violation of s. 940.01, 940.02, 940.05, or 940.225 (1).
Note: For an explanation of the changes to s. 301.26 (4) (cm) 1., stats., see the Note
following s. 938.34 (4h) (cm), stats., as affected by this bill.
AB443, s. 86 5Section 86. 301.26 (4) (d) 2. and 3. of the statutes are amended to read:
AB443,49,136 301.26 (4) (d) 2. Beginning on July 1, 2003, and ending on June 30, 2004, the
7per person daily cost assessment to counties shall be $183 for care in a Type 1 secured
8juvenile correctional facility, as defined in s. 938.02 (19), $183 for care for juveniles
9transferred from a juvenile correctional institution under s. 51.35 (3), $225 for care
10in a residential care center for children and youth, $142 for care in a group home for
11children, $47 for care in a foster home, $88 for care in a treatment foster home, $86
12for departmental corrective sanctions services, and $25 for departmental aftercare
13services.
AB443,49,2114 3. Beginning on July 1, 2004, and ending on June 30, 2005, the per person daily
15cost assessment to counties shall be $187 for care in a Type 1 secured juvenile
16correctional facility, as defined in s. 938.02 (19), $187 for care for juveniles
17transferred from a juvenile correctional institution under s. 51.35 (3), $239 for care
18in a residential care center for children and youth, $149 for care in a group home for
19children, $49 for care in a foster home, $92 for care in a treatment foster home, $87
20for departmental corrective sanctions services, and $26 for departmental aftercare
21services.
AB443, s. 87 22Section 87. 301.26 (7) (b) 3. of the statutes is amended to read:
AB443,50,4
1301.26 (7) (b) 3. Each county's proportion of the number of juveniles statewide
2who are placed in a secured juvenile correctional facility, or a secured child caring
3institution or a secured group home
residential care center for children and youth
4during the most recent 3-year period for which that information is available.
AB443, s. 88 5Section 88. 301.263 (3) of the statutes is amended to read:
AB443,50,196 301.263 (3) The department shall distribute 33% of the amounts distributed
7under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
8reported statewide under the uniform crime reporting system of the office of justice
9assistance in the department of administration, during the most recent 2-year
10period for which that information is available. The department shall distribute 33%
11of the amounts distributed under sub. (1) based on each county's proportion of the
12number of juveniles statewide who are placed in a secured juvenile correctional
13facility, or a secured child caring institution or a secured group home residential care
14center for children and youth
during the most recent 2-year period for which that
15information is available. The department shall distribute 34% of the amounts
16distributed under sub. (1) based on each county's proportion of the total Part I
17juvenile arrests reported statewide under the uniform crime reporting system of the
18office of justice assistance, during the most recent 2-year period for which that
19information is available.
AB443, s. 89 20Section 89. 301.36 (1) of the statutes is amended to read:
AB443,51,221 301.36 (1) General authority. The department shall investigate and
22supervise all of the state prisons under s. 302.01, all secured juvenile correctional
23facilities, all secured child caring institutions, all secured group homes residential
24care centers for children and youth,
and all secure juvenile detention facilities and

1familiarize itself with all of the circumstances affecting their management and
2usefulness.
AB443, s. 90 3Section 90. 301.37 (1) of the statutes is amended to read:
AB443,51,114 301.37 (1) The department shall fix reasonable standards and regulations for
5the design, construction, repair, and maintenance of all houses of correction,
6reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30,
7extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8),
8lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities
9under s. 303.09, and, after consulting with the department of health and family
10services, all secured group homes and secure juvenile detention facilities, with
11respect to their adequacy and fitness for the needs which they are to serve.
AB443, s. 91 12Section 91. 301.37 (5) of the statutes is amended to read:
AB443,51,2313 301.37 (5) The department's standards and regulations under sub. (1) for
14secure juvenile detention facilities apply to private secure juvenile detention
15facilities used under s. 938.222. At least annually, the department shall inspect each
16such private secure juvenile detention facility with respect to safety, sanitation,
17adequacy, and fitness, report to the county board and the private entity operating the
18private secure juvenile detention facility regarding any deficiency found and order
19the necessary work to correct it. If within 6 months thereafter the work is not
20commenced, or not completed within a reasonable period thereafter to the
21satisfaction of the department, the department shall prohibit the use of the private
22secure juvenile detention facility for purposes of s. 938.222 until the order is complied
23with.
AB443, s. 92 24Section 92. 301.45 (1g) (b) and (bm), (3) (a) 2. and (5) (a) 2. of the statutes are
25amended to read:
AB443,52,4
1301.45 (1g) (b) Is in prison, a secured juvenile correctional facility, or a secured
2child caring institution or a secured group home residential care center for children
3and youth
or is on probation, extended supervision, parole, supervision, or aftercare
4supervision on or after December 25, 1993, for a sex offense.
AB443,52,105 (bm) Is in prison, a secured juvenile correctional facility, or a secured child
6caring institution or a secured group home
residential care center for children and
7youth
or is on probation, extended supervision, parole, supervision , or aftercare
8supervision on or after December 25, 1993, for a violation, or for the solicitation,
9conspiracy, or attempt to commit a violation, of a law of this state that is comparable
10to a sex offense.
AB443,52,15 11(3) (a) 2. If the person has been sentenced to prison or placed in a secured
12juvenile correctional facility, or a secured child caring institution or a secured group
13home
residential care center for children and youth, he or she is subject to this
14subsection upon being released on parole, extended supervision, or aftercare
15supervision.
AB443,52,20 16(5) (a) 2. If the person has been sentenced to prison for a sex offense or placed
17in a secured juvenile correctional facility, or a secured child caring institution or a
18secured group home
residential care center for children and youth for a sex offense,
1915 years after discharge from parole, extended supervision, or aftercare supervision
20for the sex offense.
AB443, s. 93 21Section 93. 302.11 (10) of the statutes is amended to read:
AB443,52,2422 302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not
23entitled to mandatory release and may be released or discharged only as provided
24under s. 48.366 or 938.538.

Note: Deletes in s. 302.11 (10), stats., the reference to s. 938.34 (4h), stats., to
reflect that this bill repeals the authority of the department of corrections (DOC) to place
a juvenile who has been adjudicated delinquent in a state prison. See the Note to s.
938.357 (4) (d), stats., as affected by this bill.
AB443, s. 94 1Section 94. 302.18 (7) of the statutes is amended to read:
AB443,53,82 302.18 (7) Except as provided in s. 973.013 (3m), the department shall keep a
3person under 15 years of age who has been sentenced to the Wisconsin state prisons
4in a secured juvenile correctional facility or a secured child caring institution
5residential care center for children and youth, but the department may transfer that
6person to an adult correctional institution after the person attains 15 years of age.
7The department may not transfer any person under 18 years of age to the
8correctional institution authorized in s. 301.16 (1n).
AB443, s. 95 9Section 95. 302.255 of the statutes is amended to read:
AB443,53,13 10302.255 Interstate corrections compact; additional applicability.
11"Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order
12under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject
13to an order under s. 938.34 (4h) who are 17 years of age or older
.
Note: Deletes language in s. 302.255, stats., relating to the authority of DOC to
place a juvenile who has been adjudicated delinquent in a state prison. See the Note to
s. 938.357 (4) (d), stats., as affected by this bill.
AB443, s. 96 14Section 96. 302.386 (1), (2) (intro.), (3) (a) and (5) (c) and (d) of the statutes are
15amended to read:
AB443,54,516 302.386 (1) Except as provided in sub. (5), liability for medical and dental
17services furnished to residents housed in prisons identified in s. 302.01 or, in a
18secured juvenile correctional facility as defined in s. 938.02 (15m), or in a secured
19child caring institution, as defined in s. 938.02 (15g) residential care center for
20children and youth
, or to forensic patients in state institutions for those services
21which that are not provided by employees of the department shall be limited to the

1amounts payable under ss. 49.43 to 49.47, except s. 49.468, for similar services. The
2department may waive any such limit if it determines that needed services cannot
3be obtained for the applicable amount. No provider of services may bill the resident
4or patient for the cost of services exceeding the amount of the liability under this
5subsection.
AB443,54,10 6(2) (intro.) The liability of the state for medical and dental services under sub.
7(1) does not extend to that part of the medical or dental services of a resident housed
8in a prison identified in s. 302.01, a secured juvenile correctional facility as defined
9in s. 938.02 (15m)
, or a secured child caring institution, as defined in s. 938.02 (15g)
10residential care center for children and youth, for which any of the following applies:
AB443,54,16 11(3) (a) Except as provided in par. (b), the department may require a resident
12housed in a prison identified in s. 302.01 or in a secured juvenile correctional facility,
13as defined in s. 938.02 (15m),
who receives medical or dental services to pay a
14deductible, coinsurance, copayment, or similar charge upon the medical or dental
15service that he or she receives. The department shall collect the allowable
16deductible, coinsurance, copayment, or similar charge.
AB443,54,19 17(5) (c) Any participant in the corrective sanctions program under s. 938.533
18unless he or she the participant is placed in a Type 1 secured juvenile correctional
19facility, as defined in s. 938.02 (19).
AB443,54,2320 (d) Any participant in the serious juvenile offender program under s. 938.538
21unless he or she the participant is placed in a Type 1 secured juvenile correctional
22facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution
23authorized under s. 301.046 (1)
.
Note: Deletes language in s. 302.386 (5) (d), stats., relating to the authority of DOC
to place a juvenile who has been adjudicated delinquent in a state prison. See the Note
to s. 938.357 (4) (d), stats., as affected by this bill.
AB443, s. 97
1Section 97. 938.01 (1) (title) and (2) (title) of the statutes are created to read:
AB443,55,22 938.01 (1) (title) Title.
AB443,55,3 3(2) (title) Legislative intent.
AB443, s. 98 4Section 98. 938.01 (2) (f) of the statutes is amended to read:
AB443,55,85 938.01 (2) (f) To respond to a juvenile offender's needs for care and treatment,
6consistent with the prevention of delinquency, each juvenile's best interest and
7protection of the public, by allowing the judge court to utilize the most effective
8dispositional option.
AB443, s. 99 9Section 99. 938.01 (2) (g) of the statutes is amended to read:
AB443,55,1410 938.01 (2) (g) To ensure that victims and witnesses of acts committed by
11juveniles that result in proceedings under this chapter are, consistent with the
12provisions of
this chapter and the Wisconsin constitution, afforded the same rights
13as victims and witnesses of crimes committed by adults, and are treated with dignity,
14respect, courtesy, and sensitivity throughout such those proceedings.
AB443, s. 100 15Section 100. 938.02 (5) of the statutes is amended to read:
AB443,55,1816 938.02 (5) "Developmentally disabled" means having a developmental
17disability, as defined in
"Developmental disability" has the meaning given in s. 51.01
18(5).
AB443, s. 101 19Section 101. 938.02 (7) of the statutes is amended to read:
AB443,55,2220 938.02 (7) "Group home" means any facility operated by a person required to
21be licensed by the department of health and family services under s. 48.625 for the
22care and maintenance of 5 to 8 juveniles.
Note: Clarifies that the department referred to in s. 938.02 (7), stats., is the
department of health and family services (DHFS), not DOC.
AB443, s. 102 23Section 102. 938.02 (15d) of the statutes is amended to read:
AB443,56,3
1938.02 (15d) "Residential care center for children and youth" means a facility
2operated by a child welfare agency licensed under s. 48.60 for the care and,
3maintenance, and treatment of persons residing in that facility.
Note: Adds "treatment" to the list of services in the definition of "residential care
center for children and youth" in s. 938.02 (15d), stats., since these centers provide
treatment as well as "care and maintenance".
AB443, s. 103 4Section 103. 938.02 (15g) of the statutes is amended to read:
AB443,56,85 938.02 (15g) "Secured child caring institution residential care center for
6children and youth
" means a residential care center for children and youth operated
7by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure
8custody persons adjudged delinquent.
Note: Changes the term "secure child caring institution" to "secured" residential
care center for children and youth" in s. 938.02 (15g), stats. The committee determined
that "secured residential care center for children and youth" is a more appropriate term
for these facilities.
AB443, s. 104 9Section 104. 938.02 (15m) of the statutes is renumbered 938.02 (10p) and
10amended to read:
AB443,56,1611 938.02 (10p) "Secured Juvenile correctional facility" means a correctional
12institution operated or contracted for by the department of corrections or operated
13by the department of health and family services for holding in secure custody persons
14adjudged delinquent. "Secured Juvenile correctional facility" includes the Mendota
15juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533
16(3) (b), 938.538 (4) (b), or 938.539 (5).
Note: Changes the term "secured correctional facility" to "juvenile correctional
facility" in s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill. There does
not appear to be any reason to use "secured correctional facility" instead of "juvenile
correctional facility" in ch. 938, stats. "Juvenile correctional facility" is a more descriptive
term for a facility that deals solely with juvenile offenders. "Secured correctional facility"
does not indicate that the correctional facility is for juvenile offenders. The same
comment applies to other facilities defined in this section, including "secure detention
facility" in current s. 938.02 (16), stats., the "Type 1 secured correctional facility" in
current s. 938.02 (19), stats., and "Type 2 secured correctional facility" in current s. 938.02

(20), stats. These definitions are also revised to use "juvenile" instead of "secure" or
"secured".
AB443, s. 105 1Section 105. 938.02 (15p) of the statutes is repealed.
Note: Repeals the definition of "secured group home" in s. 938.02 (15p), stats. The
committee determined that no secured group homes have been established since the
concept was first recognized in the statutes and that the concept is unnecessary and
unworkable.
AB443, s. 106 2Section 106. 938.02 (16) of the statutes is renumbered 938.02 (10r) and
3amended to read:
AB443,57,64 938.02 (10r) "Secure Juvenile detention facility" means a locked facility
5approved by the department under s. 301.36 for the secure, temporary holding in
6custody of juveniles.
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 107 7Section 107. 938.02 (19) of the statutes is amended to read:
AB443,57,118 938.02 (19) "Type 1 secured juvenile correctional facility" means a secured
9juvenile correctional facility, but excludes any correctional institution that meets the
10criteria under sub. (15m) (10p) solely because of its status under s. 938.533 (3) (b),
11938.538 (4) (b), or 938.539 (5).
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 108 12Section 108. 938.02 (19r) of the statutes is amended to read:
AB443,57,1713 938.02 (19r) "Type 2 child caring institution residential care center for
14children and youth
" means a residential care center for children and youth that is
15designated by the department to provide care and maintenance for juveniles who
16have been placed in the residential care center for children and youth under the
17supervision of a county department under s. 938.34 (4d).
Note: See the Note to s. 938.02 (15g), stats., as affected by this bill.
AB443, s. 109 18Section 109. 938.02 (20) of the statutes is amended to read:
AB443,58,3
1938.02 (20) "Type 2 secured juvenile correctional facility" means a secured
2juvenile correctional facility that meets the criteria under sub. (15m) (10p) solely
3because of its status under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 110 4Section 110. 938.028 of the statutes is amended to read:
AB443,58,7 5938.028 Custody of Indian children. The Indian child welfare act Child
6Welfare Act
, 25 USC 1911 to 1963, supersedes the provisions of this chapter in any
7child custody proceeding governed by that act.
AB443, s. 111 8Section 111. 938.03 (title) of the statutes is amended to read:
AB443,58,10 9938.03 (title) Time and place of court; absence or disability of judge;
10court of record
.
AB443, s. 112 11Section 112. 938.03 (1) of the statutes is amended to read:
AB443,58,1312 938.03 (1) Time and place of court. The judge court shall set apart a time and
13place to hold court on juvenile matters.
AB443, s. 113 14Section 113. 938.03 (2) of the statutes is amended to read:
AB443,58,1915 938.03 (2) Absence or disability of judge. In the case of the absence or
16disability of the judge of a court assigned to exercise jurisdiction under this chapter
17and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the
18judge's place. If the judge assigned temporarily is from a circuit other than the one
19for which elected, the judge shall receive expenses as provided under s. 753.073.
AB443, s. 114 20Section 114. 938.06 (1) (a) of the statutes is amended to read:
AB443,59,9 21938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county
22board of supervisors shall provide the court with the services necessary for
23investigating and supervising cases under this chapter by operating a children's

1court center under the supervision of a director who is appointed as provided in s.
246.21 (1m) (a). The Except as otherwise provided in this subsection, the director is
3the chief administrative officer of the center and of the intake and probation sections
4and secure juvenile detention facilities of the center except as otherwise provided in
5this subsection
. The director is charged with administration of responsible for
6managing
the personnel of, and administering the services of, the sections and of the
7secure juvenile detention facilities, and is responsible for supervising both the
8operation of the physical plant and the maintenance and improvement of the
9buildings and grounds of the center.
AB443,59,15 101m. The center under subd. 1. shall include investigative services, provided by
11the county department,
for all juveniles alleged to be in need of protection or services
12to be provided by the county department. The center shall also include the and the
13services of an assistant district attorney or assistant corporation counsel, or both,
14who shall be assigned to the center to provide investigative as well as and legal work
15in the cases under this chapter and ch. 48.
AB443,59,2216 2. The chief judge of the judicial administrative district shall formulate
17establish written judicial policy policies governing intake and court services for
18juvenile matters under this chapter and the director of the center shall be charged
19with executing the judicial policy
execute the policies. The chief judge shall direct
20and supervise the work of all personnel of the court, except the work of the district
21attorney or corporation counsel assigned to the court. The chief judge, and may
22delegate his or her supervisory functions.
AB443,60,1723 3. The county board of supervisors shall develop establish policies and
24establish necessary rules for the management and administration of the nonjudicial
25operations of the children's court center. The director of the center shall report to,

1and is responsible to, the director of the county department for the execution of all
2nonjudicial operational
relating to the center director's duty to execute the policies
3and rules governing the center, including activities of probation officers whenever
4they are not performing services for the court. The director of the center is also
5responsible for the preparation and submission preparing and submitting to the
6county board of supervisors of the annual budget for the center except for the judicial
7functions or responsibilities which are delegated by law to the judge or judges court
8and clerk of circuit court. The county board of supervisors shall make provision in
9the organization of
, in organizing the office of director, shall provide for the
10devolution of the director's authority in the case of temporary absence, illness,
11disability to act, or a vacancy in position and shall establish the general
12qualifications for the position. The county board of supervisors also has the authority
13to investigate, arbitrate, and resolve any conflict in the administration of the center
14as between judicial and nonjudicial operational policy and rules. The county board
15of supervisors does not have authority over, and may not assert jurisdiction over, the
16disposition of any case or juvenile after a written order is made under s. 938.21 or
17if a petition is filed under s. 938.25.
AB443,60,22 184. All personnel of the intake and probation sections and of the secure juvenile
19detention facilities shall be appointed under civil service by the director, except that
20existing court service personnel having permanent civil service status may be
21reassigned to any of the respective sections within the center specified in this
22paragraph subdivision.
AB443, s. 115 23Section 115. 938.06 (1) (am) and (b) of the statutes are amended to read:
AB443,61,524 938.06 (1) (am) 1. All intake workers providing services under this chapter who
25begin employment after May 15, 1980, shall have the qualifications required to

1perform entry level social case work in a county department and shall have
2successfully completed 30 hours of intake training, approved or provided by the
3department, prior to the completion of the first 6 months of employment in the
4position. The department shall monitor compliance with this subdivision according
5to rules promulgated by the department.
AB443,61,86 2. The department shall make training programs available annually that
7permit intake workers providing services under this chapter to satisfy the
8requirements specified under subd. 1.
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