2015 Wisconsin Act 55

55,4704f Section 4704f. 938.51 (3) of the statutes is amended to read:

938.51 (3) Release not affected by failure to notify. Timely release of a juvenile specified in sub. (1), (1d), or (1g) shall not be prejudiced by the fact that the department of corrections or county department having, whichever has supervision over the juvenile, did not provide notification as required under sub. (1), (1d), or (1g), whichever is applicable.

55,4704h Section 4704h. 938.51 (4) (intro.) of the statutes is amended to read:

938.51 (4) Notification if escape or absence. (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from a juvenile correctional facility, residential care center for children and youth, inpatient facility, 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 juvenile correctional facility, residential care center for children and youth, inpatient facility, 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 of corrections or county department having, whichever has supervision over the juvenile, discovers the escape or absence, the department of corrections or county department shall make a reasonable attempt to notify by telephone all of the following persons:

55,4704j Section 4704j. 938.52 (title) of the statutes is amended to read:

938.52 (title) Facilities for care of juveniles in care of department of corrections.

55,4704k Section 4704k. 938.52 (1) (intro.) of the statutes is amended to read:

938.52 (1) Facilities maintained or used for juveniles. (intro.) The department of corrections may maintain or use the following facilities for juveniles in its care:

55,4704n Section 4704n. 938.52 (1) (f) of the statutes is amended to read:

938.52 (1) (f) Other facilities deemed by that the department of corrections considers to be appropriate for the juvenile, except that no state funds may be used for the maintenance of a juvenile in the home of a parent or relative who would be eligible for aid under s. 49.19, but for s. 49.19 (20), if such funds would reduce federal funds to this state.

55,4704q Section 4704q. 938.52 (2) of the statutes is amended to read:

938.52 (2) Use of other facilities. (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of juveniles a juvenile in a private or public facilities facility that is not under the department's jurisdiction of the department of corrections does not terminate its that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4). Placements in institutions for 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.

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

(c) The department of corrections may inspect any facility it is using and 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 the facility.

55,4704s Section 4704s. 938.52 (4) of the statutes is amended to read:

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

55,4704t Section 4704t. 938.53 of the statutes is amended to read:

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

55,4705 Section 4705. 938.533 (title) of the statutes is repealed and recreated to read:

938.533 (title) Community supervision.

55,4706 Section 4706. 938.533 (1) of the statutes is created to read:

938.533 (1) Definition. In this section, "Type 2 status" means the status of a juvenile who is placed in a Type 2 juvenile correctional facility.

55,4707b Section 4707b. 938.533 (2) of the statutes is amended to read:

938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department of corrections shall provide a corrective sanctions program to serve an average daily population of 136 juveniles 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 unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The department's office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The department of corrections 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 of corrections shall make the intensive surveillance 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 of corrections 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 of corrections shall promulgate rules to implement the program.

55,4707bm Section 4707bm. 938.533 (2) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 938.533 (2) (intro.) and amended to read:

938.533 (2) Corrective sanctions program Community supervision services. (intro.) From the appropriation under s. 20.410 (3) (hr), the department of corrections shall purchase or provide a corrective sanctions program to serve an average daily population of 136 juveniles 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 unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program community supervision services for juveniles who have been placed under the community supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or (4n), 938.357 (4). The department of corrections 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 of corrections shall make the intensive surveillance, or 938.538 (3) (a) 2. For each juvenile who is placed under community supervision, the department of corrections may purchase or provide any of the following services:

(a) Surveillance, including electronic monitoring or global positioning system tracking, which the department of corrections shall make 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 of corrections shall provide a report based on the juvenile's level of risk and community safety considerations.

(b) 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 programming, including social, behavioral, academic, community service, and other programming, after school, in the evening, on weekends, on other nonschool days, and at other times when the juvenile is not under immediate adult supervision.

(c) Contacts with the juvenile and the juvenile's family of a type, frequency, and duration that are commensurate with the juvenile's level of risk and individualized treatment needs.

(d) Case management services under the program shall be provided by a corrective sanctions community supervision agent who shall have a case load of approximately 15 juveniles.

(4) Rules. The department of corrections shall promulgate rules to implement the program this section.

55,4708 Section 4708. 938.533 (2) (e) of the statutes is created to read:

938.533 (2) (e) Any other treatment or services that are needed to meet the needs of the juvenile as determined by the department.

55,4709b Section 4709b. 938.533 (3) of the statutes is amended to read:

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

(b) The department of corrections shall operate the corrective sanctions program as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 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 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.

55,4709bm Section 4709bm. 938.533 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

938.533 (3) Institutional status. (a) A participant in the corrective sanctions program The office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate each juvenile who is placed under community supervision and may place such a juvenile in Type 2 status. A juvenile who is placed in Type 2 status is under the supervision of the department of corrections, is subject to the rules and discipline of that 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 who is placed in Type 2 status violates a condition of his or her participation in the corrective sanctions program community supervision, the department of corrections may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her participation in the corrective sanctions program community supervision from being taken into and held in custody under ss. 938.19 to 938.21.

(b) The department of corrections shall operate the corrective sanctions program community supervision for a juvenile who is placed in Type 2 status as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 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 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.

55,4710 Section 4710. 938.533 (3m) of the statutes is amended to read:

938.533 (3m) Escape. If a juvenile who is placed in Type 2 status runs away from his or her placement in the community while participating in the corrective sanctions program community supervision, the juvenile is considered to have escaped in violation of s. 946.42 (3) (c).

55,4710c Section 4710c. 938.534 (1) (b) 1. of the statutes is amended to read:

938.534 (1) (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 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 juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections 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 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.

55,4710e Section 4710e. 938.534 (1) (b) 2. of the statutes is amended to read:

938.534 (1) (b) 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 juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections 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 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 either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

55,4710f Section 4710f. 938.534 (2) of the statutes is amended to read:

938.534 (2) Rules for intensive supervision program. The department of corrections shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include provisions governing the use of placement in a 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).

55,4710h Section 4710h. 938.535 of the statutes is amended to read:

938.535 Early release and intensive supervision program; limits. The department of corrections may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured 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 juvenile correctional facility or a secured 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).

55,4710i Section 4710i. 938.538 (2) (intro.) of the statutes is amended to read:

938.538 (2) Program administration and design. (intro.) The department of corrections shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h). The department of corrections shall design the program to provide all of the following:

55,4710n Section 4710n. 938.538 (3) (a) (intro.) of the statutes is amended to read:

938.538 (3) (a) (intro.) The department of corrections shall provide each participant with one or more of the following sanctions:

55,4711 Section 4711. 938.538 (3) (a) 2. of the statutes is amended to read:

938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions community supervision under s. 938.533 or aftercare supervision.

55,4711e Section 4711e. 938.538 (3) (a) 9. of the statutes is amended to read:

938.538 (3) (a) 9. Other programs as prescribed by the department of corrections.

55,4711h Section 4711h. 938.538 (4) of the statutes is amended to read:

938.538 (4) Institutional status. (a) A participant in the program under this section is under the supervision and control of the department of corrections, is subject to the rules and discipline of the that 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 juvenile correctional facility the department of corrections may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 juvenile correctional facility or a secured 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 of corrections is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

(b) The department of corrections shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The secretary of corrections may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 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 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.

55,4712b Section 4712b. 938.538 (5) (a) of the statutes is amended to read:

938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare supervision of the participant shall be provided by the department of corrections.

55,4712bm Section 4712bm. 938.538 (5) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to aftercare community supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare Community supervision of the participant shall be provided by the department of corrections.

55,4712c Section 4712c. 938.538 (5) (b) of the statutes is amended to read:

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

55,4712e Section 4712e. 938.538 (6) of the statutes is amended to read:

938.538 (6) Purchase of services. The department of corrections may contract with the department of health services, the department of children and families, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the 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).

55,4713 Section 4713. 938.538 (6m) (b) of the statutes is amended to read:

938.538 (6m) (b) In the selection of classified service employees for a 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 director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations shall provide guidelines for the administration of the selection procedure.

55,4713c Section 4713c. 938.538 (7) of the statutes is amended to read:

938.538 (7) Rules. The department of corrections shall promulgate rules to implement this section.

55,4713e Section 4713e. 938.539 (2) of the statutes is amended to read:

938.539 (2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 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 of corrections, is subject to the rules and discipline of the that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

55,4713h Section 4713h. 938.539 (6) of the statutes is amended to read:

938.539 (6) Rule-making. The department of corrections shall promulgate rules to implement this section.

55,4713i Section 4713i. 938.54 of the statutes is amended to read:

938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

55,4713k Section 4713k. 938.547 (2) of the statutes is amended to read:

938.547 (2) Department responsibilities. Within the availability of funding under s. 20.437 (1) (mb) that is available for the pilot program, the department of children and families shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of children and families shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department of children and families shall select counties in accordance with the request-for-proposal procedures established by that the department. The department of children and families shall give a preference to county applications that include a plan for case management.

55,4713n Section 4713n. 938.548 of the statutes is amended to read:

938.548 Multidisciplinary screen and assessment criteria. The department of children and families shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.

55,4713q Section 4713q. 938.549 (1) (intro.) of the statutes is amended to read:

938.549 (1) Classification system; content. (intro.) The department of children and families, in consultation with the department of corrections, shall make available to all counties a juvenile classification system that includes at least all of the following:

55,4713s Section 4713s. 938.57 (1) (g) of the statutes is amended to read:

938.57 (1) (g) Upon request of the department of corrections, provide service for any juvenile in the care of the that department.

55,4714b Section 4714b. 938.57 (4) of the statutes is amended to read:

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

55,4714bm Section 4714bm. 938.57 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read: