SB21-SSA1,4656p
12Section 4656p. 938.345 (3) (d) of the statutes is amended to read:
SB21-SSA1,1389,2113
938.345
(3) (d) If the court under par. (a) orders the juvenile to comply with the
14reporting requirements under s. 301.45 in connection with a violation, or the
15solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may
16provide that the juvenile be released from the requirement to comply with the
17reporting requirements under s. 301.45 upon satisfying the conditions of the
18dispositional order imposed for the offense. If the juvenile satisfies the conditions
19of the dispositional order, the clerk of the court shall notify the department
of
20corrections and the department of children and families that the juvenile has
21satisfied the conditions of the dispositional order.
SB21-SSA1,4656q
22Section 4656q. 938.355 (4m) (b) of the statutes is amended to read:
SB21-SSA1,1390,323
938.355
(4m) (b) The court shall expunge the court's record of a juvenile's
24adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08
25(2) (b), (c), or (d), and if the court determines that the juvenile has satisfactorily
1complied with the conditions of his or her dispositional order. Notwithstanding s.
2938.396 (2), the court shall notify the department
of corrections and the department
3of children and families promptly of any expungement under this paragraph.
SB21-SSA1,4656s
4Section 4656s. 938.355 (6) (d) 1. of the statutes is amended to read:
SB21-SSA1,1390,175
938.355
(6) (d) 1. Placement of the juvenile in a juvenile detention facility or
6juvenile portion of a county jail that meets the standards promulgated by the
7department
of corrections by rule or in a place of nonsecure custody, for not more than
810 days and the provision of educational services consistent with his or her current
9course of study during the period of placement. The juvenile shall be given credit
10against the period of detention or nonsecure custody imposed under this subdivision
11for all time spent in secure detention in connection with the course of conduct for
12which the detention or nonsecure custody was imposed. If the court orders
13placement of the juvenile in a place of nonsecure custody under the supervision of
14the county department, the court shall order the juvenile into the placement and care
15responsibility of the county department as required under
42 USC 672 (a) (2) and
16shall assign the county department primary responsibility for providing services to
17the juvenile.
SB21-SSA1,4656t
18Section 4656t. 938.355 (6d) (a) 1. of the statutes is amended to read:
SB21-SSA1,1391,319
938.355
(6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
202g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
21specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
22to provide or providing intake or dispositional services for the court under s. 938.067
23or 938.069 may, without a hearing, take the juvenile into custody and place the
24juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
25the standards promulgated by the department
of corrections by rule or in a place of
1nonsecure custody designated by that person for not more than 72 hours while the
2alleged violation and the appropriateness of a sanction under sub. (6) are being
3investigated.
SB21-SSA1,4656tm
4Section 4656tm. 938.355 (6d) (a) 2. of the statutes is amended to read:
SB21-SSA1,1391,205
938.355
(6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
62g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
7specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
8to provide or providing intake or dispositional services for the court under s. 938.067
9or 938.069 may, without a hearing, take the juvenile into custody and place the
10juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
11the standards promulgated by the department
of corrections by rule or in a place of
12nonsecure custody designated by that person for not more than 72 hours as a
13consequence of that violation. A person who takes a juvenile into custody under this
14subdivision shall permit the juvenile to make a written or oral statement concerning
15the possible placement of the juvenile and the course of conduct for which the
16juvenile was taken into custody. A person designated by the court or county
17department who is employed in a supervisory position by a person authorized to
18provide or providing intake or dispositional services under s. 938.067 or 938.069
19shall review that statement and either approve the placement, modify the terms of
20the placement, or order the juvenile to be released from custody.
SB21-SSA1,4657
21Section
4657. 938.355 (6d) (b) (title) of the statutes is amended to read:
SB21-SSA1,1391,2222
938.355
(6d) (b) (title)
Violation of condition of county aftercare supervision.
SB21-SSA1,4658b
23Section 4658b. 938.355 (6d) (b) 1. of the statutes is amended to read:
SB21-SSA1,1392,824
938.355
(6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
252g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by a
1county department violates a condition of that supervision, the juvenile's caseworker
2or any other person authorized to provide or providing intake or dispositional
3services for the court under s. 938.067 or 938.069 may, without a hearing, take the
4juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
5portion of a county jail that meets the standards promulgated by the department
of
6corrections by rule or in a place of nonsecure custody designated by that person for
7not more than 72 hours while the alleged violation and the appropriateness of
8revoking the juvenile's aftercare status are being investigated.
SB21-SSA1,4658bm
9Section 4658bm. 938.355 (6d) (b) 1. of the statutes, as affected by 2015
10Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1392,2011
938.355
(6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
122g., 2m., and 2r., if a juvenile who is on aftercare supervision
administered by a
13county department violates a condition of that supervision, the juvenile's caseworker
14or any other person authorized to provide or providing intake or dispositional
15services for the court under s. 938.067 or 938.069 may, without a hearing, take the
16juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
17portion of a county jail that meets the standards promulgated by the department of
18corrections by rule or in a place of nonsecure custody designated by that person for
19not more than 72 hours while the alleged violation and the appropriateness of
20revoking the juvenile's aftercare status are being investigated.
SB21-SSA1,4659b
21Section 4659b. 938.355 (6d) (b) 2. of the statutes is amended to read:
SB21-SSA1,1393,1322
938.355
(6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
232g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by the
24county department violates a condition of that supervision, the juvenile's caseworker
25or any other person authorized to provide or providing intake or dispositional
1services for the court under s. 938.067 or 938.069 may, without a hearing, take the
2juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
3portion of a county jail that meets the standards promulgated by the department
of
4corrections by rule or in a place of nonsecure custody designated by that person for
5not more than 72 hours as a consequence of that violation. A person who takes a
6juvenile into custody under this subdivision shall permit the juvenile to make a
7written or oral statement concerning the possible placement of the juvenile and the
8course of conduct for which the juvenile was taken into custody. A person designated
9by the court or the county department who is employed in a supervisory position by
10a person authorized to provide or providing intake or dispositional services under s.
11938.067 or 938.069 shall review that statement and either approve the placement of
12the juvenile, modify the terms of the placement, or order the juvenile to be released
13from custody.
SB21-SSA1,4659bm
14Section 4659bm. 938.355 (6d) (b) 2. of the statutes, as affected by 2015
15Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1394,716
938.355
(6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
172g., 2m., and 2r., if a juvenile who is on aftercare supervision
administered by the
18county department violates a condition of that supervision, the juvenile's caseworker
19or any other person authorized to provide or providing intake or dispositional
20services for the court under s. 938.067 or 938.069 may, without a hearing, take the
21juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
22portion of a county jail that meets the standards promulgated by the department of
23corrections by rule or in a place of nonsecure custody designated by that person for
24not more than 72 hours as a consequence of that violation. A person who takes a
25juvenile into custody under this subdivision shall permit the juvenile to make a
1written or oral statement concerning the possible placement of the juvenile and the
2course of conduct for which the juvenile was taken into custody. A person designated
3by the court or the county department who is employed in a supervisory position by
4a person authorized to provide or providing intake or dispositional services under s.
5938.067 or 938.069 shall review that statement and either approve the placement of
6the juvenile, modify the terms of the placement, or order the juvenile to be released
7from custody.
SB21-SSA1,4660
8Section
4660. 938.355 (6d) (b) 2g. of the statutes is amended to read:
SB21-SSA1,1394,139
938.355
(6d) (b) 2g. The taking into custody and placement of a juvenile under
10subd. 1. or 2. is subject to any general written policies adopted by the court under s.
11938.06 (1) and (2), to any policies adopted by the county department relating to
12aftercare supervision
administered by the county department, and to any policies
13adopted by the county board relating to such taking into custody and placement.
SB21-SSA1,4661
14Section
4661. 938.355 (6d) (b) 4. of the statutes is amended to read:
SB21-SSA1,1394,1715
938.355
(6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
16who has violated a condition of aftercare supervision
administered by a county
17department from being taken into and held in custody under ss. 938.19 to 938.21.
SB21-SSA1,4661q
18Section 4661q. 938.355 (6m) (a) 1g. of the statutes is amended to read:
SB21-SSA1,1395,919
938.355
(6m) (a) 1g. Placement of the juvenile in a juvenile detention facility
20or juvenile portion of a county jail that meets the standards promulgated by the
21department
of corrections by rule or in a place of nonsecure custody, for not more than
2210 days and the provision of educational services consistent with his or her current
23course of study during the period of placement. The juvenile shall be given credit
24against the period of detention or nonsecure custody imposed under this subdivision
25for all time spent in secure detention in connection with the course of conduct for
1which the detention or nonsecure custody was imposed. The use of placement in a
2juvenile detention facility or in a juvenile portion of a county jail as a sanction under
3this subdivision is subject to the adoption of a resolution by the county board of
4supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.
5If the court orders placement of the juvenile in a place of nonsecure custody under
6the supervision of the county department, the court shall order the juvenile into the
7placement and care responsibility of the county department as required under
42
8USC 672 (a) (2) and shall assign the county department primary responsibility for
9providing services to the juvenile.
SB21-SSA1,4662b
10Section 4662b. 938.357 (4) (a) of the statutes is amended to read:
SB21-SSA1,1396,211
938.357
(4) (a) When the juvenile is placed with the department
, the of
12corrections, that department may, after an examination under s. 938.50, place the
13juvenile in a juvenile correctional facility or a secured residential care center for
14children and youth or on aftercare supervision, either immediately or after a period
15of placement in a juvenile correctional facility or a secured residential care center for
16children and youth. The department
of corrections shall send written notice of the
17change in placement to the parent, guardian, legal custodian, county department
18designated under s. 938.34 (4n), if any, and committing court. If the department
of
19corrections places a juvenile in a Type 2 juvenile correctional facility operated by a
20child welfare agency,
the that department shall reimburse the child welfare agency
21at the rate established under s. 49.343 that is applicable to the type of placement that
22the child welfare agency is providing for the juvenile. A juvenile who is placed in a
23Type 2 juvenile correctional facility or a secured residential care center for children
24and youth remains under the supervision of the department
of corrections, remains
1subject to the rules and discipline of that department, and is considered to be in
2custody, as defined in s. 946.42 (1) (a).
SB21-SSA1,4662bm
3Section 4662bm. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin
4Act .... (this act), is amended to read:
SB21-SSA1,1396,205
938.357
(4) (a) When the juvenile is placed with the department of corrections,
6that department may, after an examination under s. 938.50, place the juvenile in a
7juvenile correctional facility or a secured residential care center for children and
8youth or on
community supervision or aftercare supervision, either immediately or
9after a period of placement in a juvenile correctional facility or a secured residential
10care center for children and youth. The department of corrections shall send written
11notice of the change in placement to the parent, guardian, legal custodian, county
12department designated under s. 938.34 (4n), if any, and committing court. If the
13department of corrections places a juvenile in a Type 2 juvenile correctional facility
14operated by a child welfare agency, that department shall reimburse the child
15welfare agency at the rate established under s. 49.343 that is applicable to the type
16of placement that the child welfare agency is providing for the juvenile. A juvenile
17who is placed in a Type 2 juvenile correctional facility or a secured residential care
18center for children and youth remains under the supervision of the department of
19corrections, remains subject to the rules and discipline of that department, and is
20considered to be in custody, as defined in s. 946.42 (1) (a).
SB21-SSA1,4662c
21Section 4662c. 938.357 (4) (b) 1. of the statutes is amended to read:
SB21-SSA1,1397,322
938.357
(4) (b) 1. If a juvenile whom the department
of corrections has placed
23in a Type 2 juvenile correctional facility operated by a child welfare agency violates
24a condition of his or her placement in the Type 2 juvenile correctional facility, the
25child welfare agency operating the Type 2 juvenile correctional facility shall notify
1the department
of corrections and
the that department, after consulting with the
2child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
3under the supervision of the department, without a hearing under sub. (1) (am) 2.
SB21-SSA1,4662e
4Section 4662e. 938.357 (4) (b) 2. of the statutes is amended to read:
SB21-SSA1,1397,215
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
6care center for children and youth under s. 938.34 (4d) violates a condition of his or
7her placement in the Type 2 residential care center for children and youth, the child
8welfare agency operating the Type 2 residential care center for children and youth
9shall notify the county department that has supervision over the juvenile and, if the
10county department agrees to a change in placement under this subdivision, the child
11welfare agency shall notify the department
of corrections, and
the that department,
12after consulting with the child welfare agency, may place the juvenile in a Type 1
13juvenile correctional facility under the supervision of the department
of corrections,
14without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is
15placed in a Type 1 juvenile correctional facility under this subdivision, the county
16department that has supervision over the juvenile shall reimburse the child welfare
17agency operating the Type 2 residential care center for children and youth in which
18the juvenile was placed at the rate established under s. 49.343, and that child welfare
19agency shall reimburse the department
of corrections at the rate specified in s.
20301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while
21placed in a Type 1 juvenile correctional facility.
SB21-SSA1,4662f
22Section 4662f. 938.357 (4) (b) 4. of the statutes is amended to read:
SB21-SSA1,1397,2423
938.357
(4) (b) 4. A juvenile may seek review of a decision of the department
24of corrections under subd. 1. or 2. only by the common law writ of certiorari.
SB21-SSA1,4662h
25Section 4662h. 938.357 (4) (c) 1. of the statutes is amended to read:
SB21-SSA1,1398,9
1938.357
(4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
2operated by a child welfare agency under par. (a) and it appears that a less restrictive
3placement would be appropriate for the juvenile, the department
of corrections, after
4consulting with the child welfare agency that is operating the Type 2 juvenile
5correctional facility, may place the juvenile in a less restrictive placement, and may
6return the juvenile to the Type 2 juvenile correctional facility without a hearing
7under sub. (1) (am) 2. The rate for each type of placement shall be established by the
8department of children and families, in consultation with the department
of
9corrections, in the manner provided in s. 49.343.
SB21-SSA1,4662i
10Section 4662i. 938.357 (4) (c) 2. of the statutes is amended to read:
SB21-SSA1,1398,2311
938.357
(4) (c) 2. If a juvenile is placed in a Type 2 residential care center for
12children and youth under s. 938.34 (4d) and it appears that a less restrictive
13placement would be appropriate for the juvenile, the child welfare agency operating
14the Type 2 residential care center for children and youth shall notify the county
15department that has supervision over the juvenile and, if the county department
16agrees to a change in placement under this subdivision, the child welfare agency may
17place the juvenile in a less restrictive placement. A child welfare agency may also,
18with the agreement of the county department that has supervision over a juvenile
19who is placed in a less restrictive placement under this subdivision, return the
20juvenile to the Type 2 residential care center for children and youth without a
21hearing under sub. (1) (am) 2. The rate for each type of placement shall be
22established by the department of children and families, in consultation with the
23department
of corrections, in the manner provided in s. 49.343.
SB21-SSA1,4662k
24Section 4662k. 938.357 (4) (c) 4. of the statutes is amended to read:
SB21-SSA1,1399,3
1938.357
(4) (c) 4. A juvenile may seek review of a decision of the department
2of corrections or county department under subd. 1. or 2. only by the common law writ
3of certiorari.
SB21-SSA1,4663
4Section
4663. 938.357 (4g) (title) of the statutes is amended to read:
SB21-SSA1,1399,55
938.357
(4g) (title)
Aftercare Community supervision or aftercare plan.
SB21-SSA1,4664b
6Section 4664b. 938.357 (4g) (a) of the statutes is amended to read:
SB21-SSA1,1399,157
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
8is placed in a juvenile correctional facility or a secured residential care center for
9children and youth, or within 30 days after the date on which the department
of
10corrections requests the aftercare plan, whichever is earlier, the aftercare provider
11designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If
12the designated aftercare provider is a county department, that county department
13shall submit the aftercare plan to the department
of corrections within the applicable
14time period specified in this paragraph, unless the department
of corrections waives
15the
time period under par. (b).
SB21-SSA1,4664bm
16Section 4664bm. 938.357 (4g) (a) of the statutes, as affected by 2015
17Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1400,318
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
19is placed in a juvenile correctional facility or a secured residential care center for
20children and youth, or within 30 days after the date on which the department of
21corrections requests the
community supervision or aftercare plan, whichever is
22earlier, the
community supervision or aftercare provider designated under s. 938.34
23(4n) shall prepare
an a community supervision or aftercare plan for the juvenile. If
24the
juvenile is to be placed on aftercare supervision, the county department 25designated
as the aftercare provider
is a county department, that county department
1shall submit the aftercare plan to the department of corrections within the applicable
2period specified in this paragraph, unless the department of corrections waives the
3period under par. (b).
SB21-SSA1,4665b
4Section 4665b. 938.357 (4g) (b) of the statutes is amended to read:
SB21-SSA1,1400,125
938.357
(4g) (b) The department
of corrections may waive the
time period
6within which an aftercare plan must be prepared and submitted under par. (a) if
the 7that department anticipates that the juvenile will remain in the juvenile correctional
8facility or secured residential care center for children and youth for a period
9exceeding 8 months or if the juvenile is subject to s. 938.183. If the department
of
10corrections waives that
time period, the designated aftercare provider shall prepare
11the aftercare plan within 30 days after the date on which the department
of
12corrections requests the aftercare plan.
SB21-SSA1,4665bm
13Section 4665bm. 938.357 (4g) (b) of the statutes, as affected by 2015
14Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1400,2315
938.357
(4g) (b) The department of corrections may waive the period within
16which
an a community supervision plan or aftercare plan must be prepared and
17submitted under par. (a) if that department anticipates that the juvenile will remain
18in the juvenile correctional facility or secured residential care center for children and
19youth for a period exceeding 8 months or if the juvenile is subject to s. 938.183. If the
20department of corrections waives that period, the designated
community
21supervision or aftercare provider shall prepare the
community supervision or 22aftercare plan within 30 days after the date on which the department of corrections
23requests the
community supervision or aftercare plan.
SB21-SSA1,4666
24Section
4666. 938.357 (4g) (c) (intro.) of the statutes is amended to read:
SB21-SSA1,1401,2
1938.357
(4g) (c) (intro.)
An A community supervision or aftercare plan shall
2include all of the following:
SB21-SSA1,4667
3Section
4667. 938.357 (4g) (c) 2. of the statutes is amended to read:
SB21-SSA1,1401,54
938.357
(4g) (c) 2. The conditions, if any, under which the juvenile's
community
5supervision or aftercare status may be revoked.
SB21-SSA1,4668
6Section
4668. 938.357 (4g) (c) 3. of the statutes is amended to read:
SB21-SSA1,1401,87
938.357
(4g) (c) 3. Services or programming to be provided to the juvenile while
8on
community supervision or aftercare
supervision.
SB21-SSA1,4669
9Section
4669. 938.357 (4g) (c) 4. of the statutes is amended to read:
SB21-SSA1,1401,1110
938.357
(4g) (c) 4. The estimated length of time that
community supervision
11and services or aftercare supervision and services shall be provided to the juvenile.
SB21-SSA1,4670
12Section
4670. 938.357 (4g) (d) of the statutes is amended to read:
SB21-SSA1,1401,1513
938.357
(4g) (d) A juvenile may be released from a juvenile correctional facility
14or a secured residential care center for children and youth whether or not
an a
15community supervision or aftercare plan has been prepared under this subsection.
SB21-SSA1,4671b
16Section 4671b. 938.357 (4m) of the statutes is amended to read:
SB21-SSA1,1401,2017
938.357
(4m) Release to aftercare supervision. The department
of
18corrections shall try to release a juvenile to aftercare supervision under sub. (4)
19within 30 days after the date
the on which that department determines the juvenile
20is eligible for the release.
SB21-SSA1,4671bm
21Section 4671bm. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin
22Act .... (this act), is amended to read:
SB21-SSA1,1402,223
938.357
(4m) Release to community supervision or aftercare supervision. 24The department of corrections shall try to release a juvenile to
community
1supervision or aftercare supervision under sub. (4) within 30 days after the date on
2which that department determines the juvenile is eligible for the release.
SB21-SSA1,4672
3Section
4672. 938.357 (5) (title) of the statutes is amended to read:
SB21-SSA1,1402,54
938.357
(5) (title)
Revocation of
community supervision or aftercare
5supervision.
SB21-SSA1,4673b
6Section 4673b. 938.357 (5) (a) of the statutes is amended to read:
SB21-SSA1,1402,107
938.357
(5) (a) The department
of corrections or a county department,
8whichever has been designated as a juvenile's aftercare provider, may revoke the
9aftercare status of that juvenile. Prior notice of a change in placement under sub.
10(1) (am) 1. is not required.
SB21-SSA1,4673bm
11Section 4673bm. 938.357 (5) (a) of the statutes, as affected by 2015 Wisconsin
12Act .... (this act), is amended to read:
SB21-SSA1,1402,1913
938.357
(5) (a)
The If a juvenile has been placed on community supervision, the 14department of corrections
or a may revoke the community supervision status of that
15juvenile as provided in this subsection. If a juvenile has been placed on aftercare
16supervision, the county department
, whichever
that has been designated as a
17juvenile's aftercare provider
, may revoke the aftercare status of that juvenile
as
18provided in this subsection. Prior notice of a change in placement under sub. (1) (am)
191. is not required.
SB21-SSA1,4674
20Section
4674. 938.357 (5) (b) of the statutes is amended to read:
SB21-SSA1,1402,2421
938.357
(5) (b)
A juvenile on community supervision status may be taken into
22custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on
23aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21
24and or 938.355 (6d) (b).
SB21-SSA1,4675
25Section
4675. 938.357 (5) (d) of the statutes is amended to read:
SB21-SSA1,1403,6
1938.357
(5) (d) A hearing on the revocation shall be conducted by the division
2of hearings and appeals in the department of administration within 30 days after the
3juvenile is taken into custody for an alleged violation of a condition of the juvenile's
4community supervision or aftercare supervision. This
time period may be waived
5only upon the agreement of the
community supervision or aftercare provider, the
6juvenile, and the juvenile's counsel.
SB21-SSA1,4676
7Section
4676. 938.357 (5) (e) of the statutes is amended to read:
SB21-SSA1,1403,138
938.357
(5) (e) If the hearing examiner finds that the juvenile has violated a
9condition of
community supervision or aftercare supervision, the hearing examiner
10shall determine whether confinement in a juvenile correctional facility or a secured
11residential care center for children and youth is necessary to protect the public, to
12provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the
13violation.
SB21-SSA1,4677b
14Section 4677b. 938.357 (5) (g) of the statutes is amended to read:
SB21-SSA1,1403,2015
938.357
(5) (g) The department
of corrections shall promulgate rules setting
16standards to be used by a hearing examiner to determine whether to revoke a
17juvenile's aftercare status. The standards shall specify that the burden is on the
18department
of corrections or county department seeking revocation to show by a
19preponderance of the evidence that the juvenile violated a condition of aftercare
20supervision.
SB21-SSA1,4677bm
21Section 4677bm. 938.357 (5) (g) of the statutes, as affected by 2015 Wisconsin
22Act .... (this act), is amended to read:
SB21-SSA1,1404,323
938.357
(5) (g) The department of corrections shall promulgate rules setting
24standards to be used by a hearing examiner to determine whether to revoke a
25juvenile's
community supervision or aftercare status. The standards shall specify
1that the burden is on the department of corrections or county department seeking
2revocation to show by a preponderance of the evidence that the juvenile violated a
3condition of
community supervision or aftercare supervision.
SB21-SSA1,4677c
4Section 4677c. 938.357 (5m) (a) of the statutes is amended to read:
SB21-SSA1,1404,155
938.357
(5m) (a) If a proposed change in placement would change a juvenile's
6placement from a placement in the juvenile's home to a placement outside the
7juvenile's home, the court shall order the juvenile's parent to provide a statement of
8the income, assets, debts, and living expenses of the juvenile and the juvenile's
9parent to the court or the person or agency primarily responsible for implementing
10the dispositional order by a date specified by the court. The clerk of court shall
11provide, without charge, to any parent ordered to provide that statement a document
12setting forth the percentage standard established by the department
of children and
13families under s. 49.22 (9) and listing the factors under s. 301.12 (14) (c). If the
14juvenile is placed outside the juvenile's home, the court shall determine the liability
15of the parent in the manner provided in s. 301.12 (14).
SB21-SSA1,4677e
16Section 4677e. 938.36 (1) (b) of the statutes is amended to read:
SB21-SSA1,1405,217
938.36
(1) (b) In determining the amount of support under par. (a), the court
18may consider all relevant financial information or other information relevant to the
19parent's earning capacity, including information reported under s. 49.22 (2m) to the
20department
of children and families, or the county child support agency, under s.
2159.53 (5). If the court has insufficient information with which to determine the
22amount of support, the court shall order the juvenile's parent to furnish a statement
23of the income, assets, debts, and living expenses of the juvenile and the juvenile's
24parent, if the parent has not already done so, to the court within 10 days after the
1court's order transferring custody or designating an alternative placement is entered
2or at such other time as ordered by the court.
SB21-SSA1,4677h
3Section 4677h. 938.363 (1) (c) of the statutes is amended to read:
SB21-SSA1,1405,124
938.363
(1) (c) If the proposed revision is for a change in the amount of child
5support to be paid by a parent, the court shall order the juvenile's parent to provide
6a statement of the income, assets, debts, and living expenses of the juvenile and the
7juvenile's parent to the court and the person or agency primarily responsible for
8implementing the dispositional order by a date specified by the court. The clerk of
9court shall provide, without charge, to any parent ordered to provide that statement
10a document setting forth the percentage standard established by the department
of
11children and families under s. 49.22 (9) and listing the factors that a court may
12consider under s. 301.12 (14) (c).
SB21-SSA1,4678
13Section
4678. 938.365 (7) of the statutes is amended to read: