SB21-SSA1,1418,2
20(3) Prevention, treatment, and education. Study causes and methods of
21prevention and treatment of juvenile delinquency and related social problems and
22develop and maintain education and prevention programs that the department
23considers to be proper. The department may utilize all powers provided by the
24statutes, including the authority to accept grants of money or property from federal,
1state, or private sources, and enlist the cooperation of other agencies and state
2departments.
SB21-SSA1,1418,4
3(5) Standards for services. Establish and enforce standards for services under
4s. 938.183, 938.34, or 938.345, other than juvenile correctional services.
SB21-SSA1,1418,8
5(6) Juvenile programming research and recommendations. Identify and
6provide ways to improve the coordination of educational programs and services for
7juveniles and the parents and other family members of juveniles at the state and
8local levels by doing all of the following:
SB21-SSA1,1418,119
(a) Identifying and recommending ways to eliminate governmental barriers to
10local development of coordinated educational programs and services for juveniles
11and the parents and other family members of juveniles.
SB21-SSA1,1418,1412
(b) Identifying and recommending ways to support and involve parents and
13other family members of juveniles in the planning, coordination, and delivery of
14services for juveniles.
SB21-SSA1,4702j
15Section 4702j. 938.49 (title) of the statutes is amended to read:
SB21-SSA1,1418,17
16938.49 (title)
Notification by court of placement with department;
17information for department of corrections; transfer of reports and records.
SB21-SSA1,4702k
18Section 4702k. 938.49 (1) of the statutes is amended to read:
SB21-SSA1,1418,2519
938.49
(1) Notice to department
of corrections of placement. When a court
20places a juvenile in a juvenile correctional facility or secured residential care center
21for children and youth under the supervision of the department
of corrections, the
22court shall immediately notify
the that department of that action. The court shall,
23in accordance with procedures established by the department
of corrections, provide
24transportation for the juvenile to a receiving center designated by
the that 25department or deliver the juvenile to
department personnel
of that department.
SB21-SSA1,4702n
1Section 4702n. 938.49 (2) (intro.) of the statutes is amended to read:
SB21-SSA1,1419,52
938.49
(2) Transfer of court report and pupil records. (intro.) When a court
3places a juvenile in a juvenile correctional facility or a secured residential care center
4for children and youth under the supervision of the department
of corrections, the
5court and all other public agencies shall immediately do all of the following:
SB21-SSA1,4702p
6Section 4702p. 938.49 (2) (a) of the statutes is amended to read:
SB21-SSA1,1419,97
938.49
(2) (a) Transfer to the department
of corrections a copy of the report
8submitted to the court under s. 938.33 or, if the report was presented orally, a
9transcript of the report and all other pertinent data in their possession.
SB21-SSA1,4702r
10Section 4702r. 938.49 (2) (b) of the statutes is amended to read:
SB21-SSA1,1419,1611
938.49
(2) (b) Notify the juvenile's last school district or, if the juvenile was last
12enrolled in a private school participating in the program under s. 118.60 or in the
13program under s. 119.23
or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002
14(3) (c), in a school under the operation and general management of the governing
15body of a private school, the private school
or the governing body of a private school,
16in writing of its obligation under s. 118.125 (4).
SB21-SSA1,4703b
17Section 4703b. 938.50 of the statutes is amended to read:
SB21-SSA1,1420,6
18938.50 Examination of juveniles under supervision of department of
19corrections. The department
of corrections shall examine every juvenile who is
20placed under its supervision to determine the type of placement best suited to the
21juvenile and to the protection of the public. The examination shall include an
22investigation of the personal and family history of the juvenile and his or her
23environment, any physical or mental examinations necessary to determine the type
24of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to
25determine whether the juvenile is eligible for corrective sanctions supervision or
1serious juvenile offender supervision. The department
of corrections shall screen a
2juvenile who is examined under this section to determine whether the juvenile is in
3need of special treatment or care because of alcohol or other drug abuse, mental
4illness, or severe emotional disturbance. In making the examination the department
5of corrections may use any facilities, public or private, that offer assistance in
6determining the correct placement for the juvenile.
SB21-SSA1,4703bm
7Section 4703bm. 938.50 of the statutes, as affected by 2015 Wisconsin Act ....
8(this act), is amended to read:
SB21-SSA1,1420,23
9938.50 Examination of juveniles under supervision of department. The
10department of corrections shall examine every juvenile who is placed under its
11supervision to determine the type of placement best suited to the juvenile and to the
12protection of the public. The examination shall include an investigation of the
13personal and family history of the juvenile and his or her environment, any physical
14or mental examinations necessary to determine the type of placement appropriate
15for the juvenile, and an evaluation under s. 938.533
(2) to determine whether the
16juvenile is eligible for corrective sanctions supervision or serious juvenile offender
17supervision (3) (a) to determine the appropriate level of supervision and services
18based on the juvenile's risks and needs. The department of corrections shall screen
19a juvenile who is examined under this section to determine whether the juvenile is
20in need of special treatment or care because of alcohol or other drug abuse, mental
21illness, or severe emotional disturbance. In making the examination the department
22of corrections may use any facilities, public or private, that offer assistance in
23determining the correct placement for the juvenile.
SB21-SSA1,4703c
24Section 4703c. 938.505 (1) of the statutes is amended to read:
SB21-SSA1,1421,10
1938.505
(1) Rights and duties of department of corrections or county
2department. When a juvenile is placed under the supervision of the department
of
3corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under
4the supervision of a county department under s. 938.34 (4n), the department
of
5corrections or county department
having, whichever has supervision over the
6juvenile
, shall have the right and duty to protect, train, discipline, treat
, and confine
7the juvenile and to provide food, shelter, legal services, education
, and ordinary
8medical and dental care for the juvenile, subject to the rights, duties
, and
9responsibilities of the guardian of the juvenile and subject to any residual parental
10rights and responsibilities and the provisions of any court order.
SB21-SSA1,4703e
11Section 4703e. 938.505 (2) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1421,2512
938.505
(2) (a) (intro.) If a juvenile 14 years of age or older is under the
13supervision of the department
of corrections or a county department as described in
14sub. (1), is not residing in his or her home, and wishes to be administered
15psychotropic medication but a parent with legal custody or the guardian refuses to
16consent to the administration of psychotropic medication or cannot be found, or if
17there is no parent with legal custody, the department
of corrections or county
18department acting on the juvenile's behalf may petition the court assigned to
19exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile
20is located for permission to administer psychotropic medication to the juvenile. A
21copy of the petition and a notice of hearing shall be served upon the parent or
22guardian at his or her last-known address. If, after hearing, the court determines
23that all of the following apply, the court shall grant permission for the department
24of corrections or county department to administer psychotropic medication to the
25juvenile without the parent's or guardian's consent:
SB21-SSA1,4703h
1Section 4703h. 938.505 (2) (b) of the statutes is amended to read:
SB21-SSA1,1422,52
938.505
(2) (b) The court may, at the request of the department
of corrections 3or county department, temporarily approve the administration of psychotropic
4medication, for not more than 10 days after the date of the request, pending the
5hearing on the petition. The hearing shall be held within that 10-day period.
SB21-SSA1,4703i
6Section 4703i. 938.51 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,1422,147
938.51
(1) Release from secured facility or supervision. (intro.) At least 15
8days prior to the date of release from a juvenile correctional facility or a secured
9residential care center for children and youth of a juvenile who has been adjudicated
10delinquent and at least 15 days prior to the release from the supervision of the
11department
of corrections or a county department of a juvenile who has been
12adjudicated delinquent, the department
of corrections or county department
having,
13whichever has supervision over the juvenile
, shall make a reasonable attempt to do
14all of the following:
SB21-SSA1,4703k
15Section 4703k. 938.51 (1d) (intro.) of the statutes is amended to read:
SB21-SSA1,1423,216
938.51
(1d) Release from nonsecured residential care center. (intro.) At
17least 15 days prior to the release from a nonsecured residential care center for
18children and youth of a juvenile who has either been adjudicated delinquent under
19s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services
20under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have
21committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and
22at least 15 days prior to the release from a nonsecured residential care center for
23children and youth of a juvenile who has been found to be in need of protection or
24services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department
of
1corrections or county department
having
, whichever has supervision over the
2juvenile
, shall notify all of the following persons of the juvenile's release:
SB21-SSA1,4704b
3Section 4704b. 938.51 (1m) of the statutes is amended to read:
SB21-SSA1,1423,134
938.51
(1m) Notification of local agencies. The department
of corrections 5or county department
having, whichever has supervision over a juvenile described
6in sub. (1)
, shall determine the local agencies that it will notify under sub. (1) (a)
7based on the residence of the juvenile's parents or on the juvenile's intended
8residence specified in the juvenile's aftercare supervision plan or, if those methods
9do not indicate the community in which the juvenile will reside following release
10from a juvenile correctional facility or a secured residential care center for children
11and youth or from the supervision of the department
of corrections or county
12department, the community in which the juvenile states that he or she intends to
13reside.
SB21-SSA1,4704bm
14Section 4704bm. 938.51 (1m) of the statutes, as affected by 2015 Wisconsin
15Act .... (this act), is amended to read:
SB21-SSA1,1423,2516
938.51
(1m) Notification of local agencies. The department of corrections
17or county department, whichever has supervision over a juvenile described in sub.
18(1), shall determine the local agencies that it will notify under sub. (1) (a) based on
19the residence of the juvenile's parents or on the juvenile's intended residence
20specified in the juvenile's
community supervision plan or aftercare supervision plan
21or, if those methods do not indicate the community in which the juvenile will reside
22following release from a juvenile correctional facility or a secured residential care
23center for children and youth or from the supervision of the department of corrections
24or county department, the community in which the juvenile states that he or she
25intends to reside.
SB21-SSA1,4704e
1Section 4704e. 938.51 (2) of the statutes is amended to read:
SB21-SSA1,1424,202
938.51
(2) Notification request cards. The department
of corrections shall
3design and prepare cards for any person specified in sub. (1) (b), (c), (cm), or (d) to
4send to the department
of corrections or county department
having, whichever has 5supervision over a juvenile described in sub. (1), (1d), or (1g). The cards shall have
6space for the person's name, telephone number and mailing address, the name of the
7applicable juvenile, and any other information that the department
of corrections 8determines is necessary. The cards shall advise a victim who is under 18 years of age
9that he or she may complete a card requesting notification under sub. (1) (b), (1d),
10or (1g) if the notification occurs after the victim attains 18 years of age and advising
11the parent or guardian of a victim who is under 18 years of age that the parent or
12guardian may authorize on the card direct notification of the victim under sub. (1)
13(b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age. The
14department
of corrections shall provide the cards, without charge, to district
15attorneys. District attorneys shall provide the cards, without charge, to persons
16specified in sub. (1) (b) to (d). These persons may send completed cards to the
17department
of corrections or county department
having, whichever has supervision
18over the juvenile. Department
of corrections and county department records or
19portions of records that relate to telephone numbers and mailing addresses of these
20persons are not subject to inspection or copying under s. 19.35 (1).
SB21-SSA1,4704f
21Section 4704f. 938.51 (3) of the statutes is amended to read:
SB21-SSA1,1425,222
938.51
(3) Release not affected by failure to notify. Timely release of a
23juvenile specified in sub. (1), (1d)
, or (1g) shall not be prejudiced by the fact that the
24department
of corrections or county department
having, whichever has supervision
1over the juvenile
, did not provide notification as required under sub. (1), (1d)
, or (1g),
2whichever is applicable.
SB21-SSA1,4704h
3Section 4704h. 938.51 (4) (intro.) of the statutes is amended to read:
SB21-SSA1,1425,164
938.51
(4) Notification if escape or absence. (intro.) If a juvenile described
5in sub. (1), (1d), or (1g) escapes from a juvenile correctional facility, residential care
6center for children and youth, inpatient facility, juvenile detention facility, or
7juvenile portion of a county jail, or from the custody of a peace officer or a guard of
8such a facility, center, home, or jail, or has been allowed to leave a juvenile
9correctional facility, residential care center for children and youth, inpatient facility,
10juvenile detention facility, or juvenile portion of a county jail for a specified period
11of time and is absent from the facility, center, home, or jail for more than 12 hours
12after the expiration of the specified period, as soon as possible after the department
13of corrections or county department
having, whichever has supervision over the
14juvenile
, discovers the escape or absence, the department
of corrections or county
15department shall make a reasonable attempt to notify by telephone all of the
16following persons:
SB21-SSA1,4704j
17Section 4704j. 938.52 (title) of the statutes is amended to read:
SB21-SSA1,1425,19
18938.52 (title)
Facilities for care of juveniles in care of department of
19corrections.
SB21-SSA1,4704k
20Section 4704k. 938.52 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,1425,2321
938.52
(1) Facilities maintained or used for juveniles. (intro.) The
22department
of corrections may maintain or use the following facilities for juveniles
23in its care:
SB21-SSA1,4704n
24Section 4704n. 938.52 (1) (f) of the statutes is amended to read:
SB21-SSA1,1426,5
1938.52
(1) (f) Other facilities
deemed by that the department
of corrections
2considers to be appropriate for the juvenile, except that no state funds may be used
3for the maintenance of a juvenile in the home of a parent or relative
who would be 4eligible for aid under s. 49.19
, but for s. 49.19 (20), if such funds would reduce federal
5funds to this state.
SB21-SSA1,4704q
6Section 4704q. 938.52 (2) of the statutes is amended to read:
SB21-SSA1,1426,167
938.52
(2) Use of other facilities. (a) In addition to facilities and services
8under sub. (1), the department
of corrections may use other facilities and services
9under its jurisdiction. The department
of corrections may contract for and pay for
10the use of other public facilities or private facilities for the care and treatment of
11juveniles in its care. Placement of
juveniles
a juvenile in
a private or public
facilities 12facility that is not under the
department's jurisdiction
of the department of
13corrections does not terminate
its that department's supervision
over the juvenile 14under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4). Placements in institutions
15for persons with a mental illness or development disability shall be made in
16accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.
SB21-SSA1,1426,2417
(b) Public facilities shall accept and care for persons placed
with them in those
18facilities by the department
of corrections in the same manner as
they those facilities 19would be required to do had the legal custody of
these those persons been transferred
20by a court of competent jurisdiction. Nothing in this subsection requires any public
21facility to serve the department
of corrections in a manner that is inconsistent with
22the facility's functions or with the laws and regulations governing its activities or
23gives the department
of corrections the authority to use any private facility without
24its consent.
SB21-SSA1,1427,3
1(c) The department
of corrections may inspect any facility it is using and
2examine and consult with persons under its supervision under s. 938.183, 938.34
3(4h), (4m), or (4n), or 938.357 (4) who have been placed in the facility.
SB21-SSA1,4704s
4Section 4704s. 938.52 (4) of the statutes is amended to read:
SB21-SSA1,1427,75
938.52
(4) Coeducational programs and institutions. The department
of
6corrections may establish and maintain coeducational programs and institutions
7under this chapter.
SB21-SSA1,1427,15
9938.53 Duration of control of department of corrections over
10delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
11who has been placed under the supervision of the department
of corrections under
12s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) shall be discharged as soon as
the 13that department determines that there is a reasonable probability that
14departmental supervision is no longer necessary for the rehabilitation and
15treatment of the juvenile or for the protection of the public.
SB21-SSA1,4705
16Section
4705. 938.533 (title) of the statutes is repealed and recreated to read:
SB21-SSA1,1427,17
17938.533 (title)
Community supervision.
SB21-SSA1,4706
18Section
4706. 938.533 (1) of the statutes is created to read:
SB21-SSA1,1427,2019
938.533
(1) Definition. In this section, "Type 2 status" means the status of a
20juvenile who is placed in a Type 2 juvenile correctional facility.
SB21-SSA1,4707b
21Section 4707b. 938.533 (2) of the statutes is amended to read:
SB21-SSA1,1428,2322
938.533
(2) Corrective sanctions program. From the appropriation under s.
2320.410 (3) (hr), the department
of corrections shall provide a corrective sanctions
24program to serve an average daily population of 136 juveniles unless the
25appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
1the positions for the program are increased under s. 13.101 or 16.505 (2) or unless
2funding and positions to serve more than that average daily population are otherwise
3available, in at least 3 counties, including Milwaukee County. The
department's 4office of juvenile offender review
in the division of juvenile corrections in the
5department of corrections shall evaluate and select for participation in the program
6juveniles who have been placed under the supervision of the department
of
7corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The department
of
8corrections shall place a program participant in the community, provide intensive
9surveillance of that participant, and provide an average of not more than $3,000 per
10year per slot to purchase community-based treatment services for each participant.
11The department
of corrections shall make the intensive surveillance available 24
12hours a day, 7 days a week, and may purchase or provide electronic monitoring for
13the intensive surveillance of program participants. The department
of corrections 14shall provide a report center in Milwaukee County to provide on-site programming
15after school and in the evening for juveniles from Milwaukee County who are placed
16in the corrective sanctions program. A contact worker providing services under the
17program shall have a case load of approximately 10 juveniles and, during the initial
18phase of placement in the community under the program of a juvenile who is
19assigned to that contact worker, shall have not less than one face-to-face contact per
20day with that juvenile. Case management services under the program shall be
21provided by a corrective sanctions agent who shall have a case load of approximately
2215 juveniles. The department
of corrections shall promulgate rules to implement the
23program.
SB21-SSA1,4707bm
24Section 4707bm. 938.533 (2) of the statutes, as affected by 2015 Wisconsin Act
25.... (this act), is renumbered 938.533 (2) (intro.) and amended to read:
SB21-SSA1,1429,19
1938.533
(2) Corrective sanctions program Community supervision services. 2(intro.) From the appropriation under s. 20.410 (3) (hr), the department of
3corrections shall
purchase or provide
a corrective sanctions program to serve an
4average daily population of 136 juveniles unless the appropriation under s. 20.410
5(3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program
6are increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve
7more than that average daily population are otherwise available, in at least 3
8counties, including Milwaukee County. The office of juvenile offender review in the
9division of juvenile corrections in the department of corrections shall evaluate and
10select for participation in the program community supervision services for juveniles
11who have been placed under the
community supervision of the department of
12corrections under s.
938.183, 938.34
(4h) or (4m), or (4n), 938.357 (4)
. The
13department of corrections shall place a program participant in the community,
14provide intensive surveillance of that participant, and provide an average of not
15more than $3,000 per year per slot to purchase community-based treatment services
16for each participant. The department of corrections shall make the intensive
17surveillance, or 938.538 (3) (a) 2. For each juvenile who is placed under community
18supervision, the department of corrections may purchase or provide any of the
19following services:
SB21-SSA1,1429,24
20(a) Surveillance, including electronic monitoring or global positioning system
21tracking, which the department of corrections shall make available 24 hours a day,
227 days a week,
and may purchase or provide electronic monitoring for the intensive
23surveillance of program participants. The department of corrections shall provide
24a report based on the juvenile's level of risk and community safety considerations.
SB21-SSA1,1430,10
1(b) Report center
in Milwaukee County to provide on-site programming after
2school and in the evening for juveniles from Milwaukee County who are placed in the
3corrective sanctions program. A contact worker providing services under the
4program shall have a case load of approximately 10 juveniles and, during the initial
5phase of placement in the community under the program of a juvenile who is
6assigned to that contact worker, shall have not less than one face-to-face contact per
7day with that programming, including social, behavioral, academic, community
8service, and other programming, after school, in the evening, on weekends, on other
9nonschool days, and at other times when the juvenile is not under immediate adult
10supervision.
SB21-SSA1,1430,13
11(c) Contacts with the juvenile
and the juvenile's family of a type, frequency, and
12duration that are commensurate with the juvenile's level of risk and individualized
13treatment needs.
SB21-SSA1,1430,16
14(d) Case management services
under the program shall be provided by a
15corrective sanctions community supervision agent
who shall have a case load of
16approximately 15 juveniles.
SB21-SSA1,1430,18
17(4) Rules. The department of corrections shall promulgate rules to implement
18the program this section.
SB21-SSA1,4708
19Section
4708. 938.533 (2) (e) of the statutes is created to read:
SB21-SSA1,1430,2120
938.533
(2) (e) Any other treatment or services that are needed to meet the
21needs of the juvenile as determined by the department.
SB21-SSA1,4709b
22Section 4709b. 938.533 (3) of the statutes is amended to read:
SB21-SSA1,1431,823
938.533
(3) Institutional status. (a) A participant in the corrective sanctions
24program is under the supervision of the department
of corrections, is subject to the
25rules and discipline of
the that department, and is considered to be in custody, as
1defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile
2violates a condition of his or her participation in the corrective sanctions program the
3department
of corrections may, without a hearing, take the juvenile into custody and
4place the juvenile in a juvenile detention facility or return the juvenile to placement
5in a Type 1 juvenile correctional facility or a secured residential care center for
6children and youth. This paragraph does not preclude a juvenile who has violated
7a condition of his or her participation in the corrective sanctions program from being
8taken into and held in custody under ss. 938.19 to 938.21.
SB21-SSA1,1431,199
(b) The department
of corrections shall operate the corrective sanctions
10program as a Type 2 juvenile correctional facility. The secretary may allocate and
11reallocate existing and future facilities as part of the Type 2 juvenile correctional
12facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction
13or establishment of a Type 2 juvenile correctional facility shall be in compliance with
14all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
15(13), construction or establishment of a Type 2 juvenile correctional facility is not
16subject to the ordinances or regulations relating to zoning, including zoning under
17ch. 91, of the county and city, village, or town in which the construction or
18establishment takes place and is exempt from the investigations permitted under s.
1946.22 (1) (c) 1. b.
SB21-SSA1,4709bm
20Section 4709bm. 938.533 (3) of the statutes, as affected by 2015 Wisconsin Act
21.... (this act), is amended to read:
SB21-SSA1,1432,1122
938.533
(3) Institutional status. (a)
A participant in the corrective sanctions
23program The office of juvenile offender review in the division of juvenile corrections
24in the department of corrections shall evaluate each juvenile who is placed under
25community supervision and may place such a juvenile in Type 2 status. A juvenile
1who is placed in Type 2 status is under the supervision of the department of
2corrections, is subject to the rules and discipline of that department, and is
3considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19
4to 938.21, if a juvenile
who is placed in Type 2 status violates a condition of his or her
5participation in
the corrective sanctions program
community supervision, the
6department of corrections may, without a hearing, take the juvenile into custody and
7place the juvenile in a juvenile detention facility or return the juvenile to placement
8in a Type 1 juvenile correctional facility or a secured residential care center for
9children and youth. This paragraph does not preclude a juvenile who has violated
10a condition of his or her participation in
the corrective sanctions program community
11supervision from being taken into and held in custody under ss. 938.19 to 938.21.
SB21-SSA1,1432,2312
(b) The department of corrections shall operate
the corrective sanctions
13program community supervision for a juvenile who is placed in Type 2 status as a
14Type 2 juvenile correctional facility. The secretary may allocate and reallocate
15existing and future facilities as part of the Type 2 juvenile correctional facility. The
16Type 2 juvenile correctional facility is subject to s. 301.02. Construction or
17establishment of a Type 2 juvenile correctional facility shall be in compliance with
18all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
19(13), construction or establishment of a Type 2 juvenile correctional facility is not
20subject to the ordinances or regulations relating to zoning, including zoning under
21ch. 91, of the county and city, village, or town in which the construction or
22establishment takes place and is exempt from the investigations permitted under s.
2346.22 (1) (c) 1. b.
SB21-SSA1,4710
24Section
4710. 938.533 (3m) of the statutes is amended to read:
SB21-SSA1,1433,4
1938.533
(3m) Escape. If a juvenile
who is placed in Type 2 status runs away
2from his or her placement in the community while participating in
the corrective
3sanctions program community supervision, the juvenile is considered to have
4escaped in violation of s. 946.42 (3) (c).
SB21-SSA1,4710c
5Section 4710c. 938.534 (1) (b) 1. of the statutes is amended to read:
SB21-SSA1,1433,236
938.534
(1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
7general written policies adopted by the court under s. 938.06 (1) or (2) and to any
8policies adopted by the county board relating to the taking into custody and
9placement of a juvenile under this subdivision, if a juvenile violates a condition of his
10or her participation in the program, the juvenile's caseworker or any other person
11authorized to provide or providing intake or dispositional services for the court under
12s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
13the juvenile in a juvenile detention facility or juvenile portion of a county jail that
14meets the standards promulgated by the department
of corrections by rule or in a
15place of nonsecure custody designated by that person for not more than 72 hours
16while the alleged violation and the appropriateness of a sanction under s. 938.355
17(6) or a change in the conditions of the juvenile's participation in the program are
18being investigated. Short-term detention under this subdivision may be imposed
19only if at the dispositional hearing the court explained those conditions to the
20juvenile and informed the juvenile of that possible placement or if before the
21violation the juvenile has acknowledged in writing that he or she has read, or has had
22read to him or her, those conditions and that possible placement and that he or she
23understands those conditions and that possible placement.
SB21-SSA1,4710e
24Section 4710e. 938.534 (1) (b) 2. of the statutes is amended to read:
SB21-SSA1,1434,23
1938.534
(1) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any
2general written policies adopted by the court under s. 938.06 (1) or (2) and to any
3policies adopted by the county board relating to the taking into custody and
4placement of a juvenile under this subdivision, if a juvenile violates a condition of the
5juvenile's participation in the program, the juvenile's caseworker or any other person
6authorized to provide or providing intake or dispositional services for the court under
7s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
8the juvenile in a juvenile detention facility or juvenile portion of a county jail that
9meets the standards promulgated by the department
of corrections by rule or in a
10place of nonsecure custody designated by that person for not more than 72 hours as
11a consequence of that violation. Short-term detention under this subdivision may
12be imposed only if at the dispositional hearing the court explained those conditions
13to the juvenile and informed the juvenile of that possible placement or if before the
14violation the juvenile has acknowledged in writing that he or she has read, or has had
15read to him or her, those conditions and that possible placement and that he or she
16understands those conditions and that possible placement. A person who takes a
17juvenile into custody under this subdivision shall permit the juvenile to make a
18written or oral statement concerning the possible placement of the juvenile and the
19course of conduct for which the juvenile was taken into custody. A person designated
20by the court or the county department who is employed in a supervisory position by
21a person authorized to provide or providing intake or dispositional services under s.
22938.067 or 938.069 shall review that statement and either approve the placement,
23modify the terms of the placement, or order the juvenile to be released from custody.
SB21-SSA1,4710f
24Section 4710f. 938.534 (2) of the statutes is amended to read:
SB21-SSA1,1435,7
1938.534
(2) Rules for intensive supervision program. The department
of
2corrections shall promulgate rules specifying the requirements for an intensive
3supervision program under this section. The rules shall include provisions
4governing the use of placement in a juvenile detention facility, juvenile portion of a
5county jail, or place of nonsecure custody for not more than 72 hours under sub. (1)
6(b) and the use of placement in a place of nonsecure custody for not more than 30 days
7under sub. (1) (c).
SB21-SSA1,4710h
8Section 4710h. 938.535 of the statutes is amended to read:
SB21-SSA1,1435,16
9938.535 Early release and intensive supervision program; limits. The
10department
of corrections may establish a program for the early release and
11intensive supervision of juveniles who have been placed in a juvenile correctional
12facility or a secured residential care center for children and youth under s. 938.183
13or 938.34 (4m). The program may not include any juveniles who have been placed
14in a juvenile correctional facility or a secured residential care center for children and
15youth as a result of a delinquent act involving the commission of a violent crime as
16defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
SB21-SSA1,4710i
17Section 4710i. 938.538 (2) (intro.) of the statutes is amended to read:
SB21-SSA1,1435,2218
938.538
(2) Program administration and design. (intro.) The department
of
19corrections shall administer a serious juvenile offender program for juveniles who
20have been adjudicated delinquent and ordered to participate in the program under
21s. 938.34 (4h). The department
of corrections shall design the program to provide all
22of the following:
SB21-SSA1,4710n
23Section 4710n. 938.538 (3) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,1435,2524
938.538
(3) (a) (intro.) The department
of corrections shall provide each
25participant with one or more of the following sanctions:
SB21-SSA1,4711
1Section
4711. 938.538 (3) (a) 2. of the statutes is amended to read: