SB21,1721,25 9938.385 Plan for transition to independent living. During the 90 days
10immediately before a juvenile who is placed in a foster home, group home, or
11residential care center for children and youth, in the home of a relative other than
12a parent, or in a supervised independent living arrangement attains 18 years of age
13or, if the juvenile is placed in such a placement under an order under s. 938.355,
14938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile
15attains 18 years of age or under a voluntary transition-to-independent-living
16agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the
17juvenile attains 18 years of age
, during the 90 days immediately before the
18termination of the order or agreement, the agency primarily responsible for
19providing services to the juvenile under the order or agreement shall provide the
20juvenile with assistance and support in developing a plan for making the transition
21from out-of-home care to independent living. The transition plan shall be
22personalized at the direction of the juvenile, shall be as detailed as the juvenile
23directs, and shall include specific options for obtaining housing, health care,
24education, mentoring and continuing support services, and workforce support and
25employment services.
SB21,4700
1Section 4700. 938.48 (1) of the statutes is amended to read:
SB21,1722,82 938.48 (1) Enforcement of laws. Promote the enforcement of the laws relating
3to delinquent juveniles and juveniles in need of protection or services and take the
4initiative in all matters involving the interests of those juveniles when adequate
5provision for those matters is not made. This duty shall be discharged in cooperation
6with the courts, the department of children and families, county departments,
7licensed child welfare agencies, parents, and other individuals interested in the
8welfare of juveniles.
SB21,4701 9Section 4701. 938.48 (8p) of the statutes is renumbered 48.48 (8r) and
10amended to read:
SB21,1722,1811 48.48 (8r) Indian juvenile placements. Reimburse To reimburse Indian tribes
12and county departments, from the appropriation under s. 20.410 (3) 20.437 (1) (kp),
13for unexpected or unusually high-cost out-of-home care placements of Indian
14juveniles children who have been adjudicated delinquent by tribal courts. In this
15subsection, "unusually high-cost out-of-home care placements" means the amount
16by which the cost to an Indian tribe or to a county department of out-of-home care
17placements of Indian juveniles children who have been adjudicated delinquent by
18tribal courts exceeds $50,000 in a fiscal year.
SB21,4702 19Section 4702. 938.48 (13) of the statutes is amended to read:
SB21,1722,2320 938.48 (13) Allowances and cash grants. Promulgate rules for the payment
21of an allowance to juveniles in its institutions and a cash grant to a juvenile being
22discharged from its institutions or released to community supervision or aftercare
23supervision.
SB21,4703 24Section 4703. 938.50 of the statutes is amended to read:
SB21,1723,15
1938.50 Examination of juveniles under supervision of department. The
2department shall examine every juvenile who is placed under its supervision to
3determine the type of placement best suited to the juvenile and to the protection of
4the public. The examination shall include an investigation of the personal and
5family history of the juvenile and his or her environment, any physical or mental
6examinations necessary to determine the type of placement appropriate for the
7juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile
8is eligible for corrective sanctions supervision or serious juvenile offender
9supervision
(3) (a) to determine the appropriate level of supervision and services
10based on the juvenile's risks and needs
. The department shall screen a juvenile who
11is examined under this section to determine whether the juvenile is in need of special
12treatment or care because of alcohol or other drug abuse, mental illness, or severe
13emotional disturbance. In making the examination the department may use any
14facilities, public or private, that offer assistance in determining the correct
15placement for the juvenile.
SB21,4704 16Section 4704. 938.51 (1m) of the statutes is amended to read:
SB21,1723,2517 938.51 (1m) Notification of local agencies. The department or county
18department having supervision over a juvenile described in sub. (1) shall determine
19the local agencies that it will notify under sub. (1) (a) based on the residence of the
20juvenile's parents or on the juvenile's intended residence specified in the juvenile's
21community supervision plan or aftercare supervision plan or, if those methods do not
22indicate the community in which the juvenile will reside following release from a
23juvenile correctional facility or a secured residential care center for children and
24youth or from the supervision of the department or county department, the
25community in which the juvenile states that he or she intends to reside.
SB21,4705
1Section 4705. 938.533 (title) of the statutes is repealed and recreated to read:
SB21,1724,2 2938.533 (title) Community supervision.
SB21,4706 3Section 4706. 938.533 (1) of the statutes is created to read:
SB21,1724,54 938.533 (1) Definition. In this section, "Type 2 status" means the status of a
5juvenile who is placed in a Type 2 juvenile correctional facility.
SB21,4707 6Section 4707. 938.533 (2) of the statutes is renumbered 938.533 (2) (intro.)
7and amended to read:
SB21,1724,248 938.533 (2) Corrective sanctions program Community supervision services.
9(intro.) From the appropriation under s. 20.410 (3) (hr), the department shall
10purchase or provide a corrective sanctions program to serve an average daily
11population of 136 juveniles unless the appropriation under s. 20.410 (3) (hr) is
12supplemented under s. 13.101 or 16.515 and the positions for the program are
13increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve more
14than that average daily population are otherwise available, in at least 3 counties,
15including Milwaukee County. The department's office of juvenile offender review
16shall evaluate and select for participation in the program
community supervision
17services for
juveniles who have been placed under the community supervision of the
18department under s. 938.183, 938.34 (4h) or (4m), or (4n), 938.357 (4). The
19department shall place a program participant in the community, provide intensive
20surveillance of that participant, and provide an average of not more than $3,000 per
21year per slot to purchase community-based treatment services for each participant.
22The department shall make the intensive surveillance
, or 938.538 (3) (a) 2. For each
23juvenile who is placed under community supervision, the department may purchase
24or provide any of the following services:
SB21,1725,5
1(a) Surveillance, including electronic monitoring or global positioning system
2tracking, which the department shall make
available 24 hours a day, 7 days a week,
3and may purchase or provide electronic monitoring for the intensive surveillance of
4program participants. The department shall provide a report
based on the juvenile's
5level of risk and community safety considerations.
SB21,1725,15 6(b) Report center in Milwaukee County to provide on-site programming after
7school and in the evening for juveniles from Milwaukee County who are placed in the
8corrective sanctions program. A contact worker providing services under the
9program shall have a case load of approximately 10 juveniles and, during the initial
10phase of placement in the community under the program of a juvenile who is
11assigned to that contact worker, shall have not less than one face-to-face contact per
12day with that
programming, including social, behavioral, academic, community
13service, and other programming, after school, in the evening, on weekends, on other
14nonschool days, and at other times when the juvenile is not under immediate adult
15supervision.
SB21,1725,18 16(c) Contacts with the juvenile and the juvenile's family of a type, frequency, and
17duration that are commensurate with the juvenile's level of risk and individualized
18treatment needs
.
SB21,1725,21 19(d) Case management services under the program shall be provided by a
20corrective sanctions community supervision agent who shall have a case load of
21approximately 15 juveniles
.
SB21,1725,23 22(4) Rules. The department shall promulgate rules to implement the program
23this section.
SB21,4708 24Section 4708. 938.533 (2) (e) of the statutes is created to read:
SB21,1726,2
1938.533 (2) (e) Any other treatment or services that are needed to meet the
2needs of the juvenile as determined by the department.
SB21,4709 3Section 4709. 938.533 (3) of the statutes is amended to read:
SB21,1726,184 938.533 (3) Institutional status. (a) A participant in the corrective sanctions
5program
The office of juvenile offender review in the division of juvenile corrections
6in the department shall evaluate each juvenile who is placed under community
7supervision and may place such a juvenile in Type 2 status. A juvenile who is placed
8in Type 2 status
is under the supervision of the department, is subject to the rules
9and discipline of the department, and is considered to be in custody, as defined in s.
10946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile who is placed in
11Type 2 status
violates a condition of his or her participation in the corrective
12sanctions program
community supervision, the department may, without a hearing,
13take the juvenile into custody and place the juvenile in a juvenile detention facility
14or return the juvenile to placement in a Type 1 juvenile correctional facility or a
15secured residential care center for children and youth. This paragraph does not
16preclude a juvenile who has violated a condition of his or her participation in the
17corrective sanctions program
community supervision from being taken into and held
18in custody under ss. 938.19 to 938.21.
SB21,1727,419 (b) The department shall operate the corrective sanctions program community
20supervision for a juvenile who is placed in Type 2 status
as a Type 2 juvenile
21correctional facility. The secretary may allocate and reallocate existing and future
22facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile
23correctional facility is subject to s. 301.02. Construction or establishment of a Type 2
24juvenile correctional facility shall be in compliance with all state laws except s.
2532.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or

1establishment of a Type 2 juvenile correctional facility is not subject to the
2ordinances or regulations relating to zoning, including zoning under ch. 91, of the
3county and city, village, or town in which the construction or establishment takes
4place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.
SB21,4710 5Section 4710. 938.533 (3m) of the statutes is amended to read:
SB21,1727,96 938.533 (3m) Escape. If a juvenile who is placed in Type 2 status runs away
7from his or her placement in the community while participating in the corrective
8sanctions program
community supervision, the juvenile is considered to have
9escaped in violation of s. 946.42 (3) (c).
SB21,4711 10Section 4711. 938.538 (3) (a) 2. of the statutes is amended to read:
SB21,1727,1211 938.538 (3) (a) 2. Intensive or other field supervision, including corrective
12sanctions
community supervision under s. 938.533 or aftercare supervision.
SB21,4712 13Section 4712. 938.538 (5) (a) of the statutes is amended to read:
SB21,1727,1814 938.538 (5) (a) The office of juvenile offender review in the division of juvenile
15corrections in the department may release a participant to aftercare community
16supervision under s. 301.03 (10) (d) at any time after the participant has completed
172 years of participation in the serious juvenile offender program. Aftercare
18Community supervision of the participant shall be provided by the department.
SB21,4713 19Section 4713. 938.538 (6m) (b) of the statutes is amended to read:
SB21,1728,520 938.538 (6m) (b) In the selection of classified service employees for a juvenile
21correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a),
22the appointing authority shall make every effort to use the expanded certification
23program under s. 230.25 (1n) or rules of the administrator director of the division
24bureau of merit recruitment and selection in the office of state employment relations
25department of administration to ensure that the percentage of employees who are

1minority group members approximates the percentage of the juveniles placed at that
2juvenile correctional facility who are minority group members. The administrator
3of the division
director of the bureau of merit recruitment and selection in the office
4of state employment relations
shall provide guidelines for the administration of the
5selection procedure.
SB21,4714 6Section 4714. 938.57 (4) of the statutes is amended to read:
SB21,1728,187 938.57 (4) Aftercare supervision. A county department may provide aftercare
8supervision under s. 938.34 (4n) for juveniles who are released from juvenile
9correctional facilities or secured residential care centers for children and youth. If
10a county department intends to change its policy regarding whether the county
11department or the department shall will provide aftercare supervision for juveniles
12released from juvenile correctional facilities or secured residential care centers for
13children and youth or the department will provide community supervision for those
14juveniles,
the county executive or county administrator, or, if the county has no
15county executive or county administrator, the chairperson of the county board of
16supervisors, or, for multicounty departments, the chairpersons of the county boards
17of supervisors jointly, shall submit a letter to the department stating that intent
18before July 1 of the year preceding the year in which the policy change will take effect.
SB21,4715 19Section 4715. 940.20 (2m) (title) of the statutes is amended to read:
SB21,1728,2120 940.20 (2m) (title) Battery to probation, extended supervision and parole
21agents
, community supervision agents, and aftercare agents.
SB21,4716 22Section 4716. 940.20 (2m) (a) 1m. of the statutes is created to read:
SB21,1728,2523 940.20 (2m) (a) 1m. "Community supervision agent" means any person
24authorized by the department of corrections to exercise control over a juvenile on
25community supervision.
SB21,4717
1Section 4717. 940.20 (2m) (b) of the statutes is amended to read:
SB21,1729,72 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation,
3extended supervision, and parole agent, a community supervision agent, or an
4aftercare agent, acting in an official capacity and the person knows or has reason to
5know that the victim is a probation, extended supervision and parole agent, a
6community supervision agent,
or an aftercare agent, by an act done without the
7consent of the person so injured, is guilty of a Class H felony.
SB21,4718 8Section 4718. 940.207 (title) of the statutes is amended to read:
SB21,1729,11 9940.207 (title) Battery or threat to department of safety and
10professional services
financial institutions and professional standards or
11department of workforce development employee.
SB21,4719 12Section 4719. 940.207 (2) (intro.) of the statutes is amended to read:
SB21,1729,1913 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to
14cause bodily harm to the person or family member of any department of safety and
15professional services
financial institutions and professional standards official,
16employee, or agent whose responsibilities are primarily related to the buildings and
17safety or professional regulation functions of that department,
or any department of
18workforce development official, employee, or agent , under all of the following
19circumstances is guilty of a Class H felony:
SB21,4720 20Section 4720. 940.207 (2) (a) of the statutes is amended to read:
SB21,1729,2421 940.207 (2) (a) At the time of the act or threat, the actor knows or should have
22known that the victim is a department of safety and professional services financial
23institutions and professional standards
or department of workforce development
24official, employee, or agent or a member of his or her family.
SB21,4721 25Section 4721. 941.237 (1) (dm) of the statutes is amended to read:
SB21,1730,1
1941.237 (1) (dm) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7).
SB21,4722 2Section 4722. 944.21 (8) (b) 3. a. of the statutes is amended to read:
SB21,1730,63 944.21 (8) (b) 3. a. Is a technical college, is a school approved authorized by the
4educational approval board under s. 38.50 department of financial institutions and
5professional standards under s. 440.52
, or is a school described in s. 38.50 440.52 (1)
6(e) 6., 7. or 8.; and
SB21,4723 7Section 4723. 946.13 (12) (a) of the statutes is amended to read:
SB21,1730,108 946.13 (12) (a) In this subsection, "research company" means an entity engaged
9in commercial activity that is related to research conducted by an employee or officer
10of the University of Wisconsin System Authority or to a product of such research.
SB21,4724 11Section 4724. 946.13 (12) (b) (intro.) of the statutes is amended to read:
SB21,1730,1512 946.13 (12) (b) (intro.) Subsection (1) does not apply to a contract between a
13research company and the University of Wisconsin System Authority or any
14institution or college campus within the system for purchase of goods or services,
15including research, if all the following apply:
SB21,4725 16Section 4725. 946.13 (12) (b) 1. of the statutes is amended to read:
SB21,1730,1917 946.13 (12) (b) 1. The contract is approved by a University of Wisconsin System
18Authority employee or officer responsible for evaluating and managing potential
19conflicts of interest.
SB21,4726 20Section 4726. 946.13 (12) (b) 2. b. of the statutes is amended to read:
SB21,1730,2521 946.13 (12) (b) 2. b. The University of Wisconsin System employee or officer
22specified in subd. 1.
submits the contract to the University of Wisconsin Board of
23Regents and, within 45 days, the University of Wisconsin System Authority Board
24of Regents does not notify the University of Wisconsin System employee or officer
25specified in subd. 1.
that entering the contract would constitute a violation of sub. (1).
SB21,4727
1Section 4727. 946.42 (1) (a) 2. of the statutes is amended to read:
SB21,1731,62 946.42 (1) (a) 2. "Custody" does not include the constructive custody of a
3probationer, parolee, or person on extended supervision by the department of
4corrections or a probation, extended supervision, or parole agent or, subject to s.
5938.533 (3) (a),
the constructive custody of a person who has been released to
6community supervision or aftercare supervision under ch. 938.
SB21,4728 7Section 4728. 946.42 (3) (c) of the statutes is amended to read:
SB21,1731,108 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h), or (4m), to a
9placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or
10aftercare revocation under s. 938.357 (5) (e).
SB21,4729 11Section 4729. 948.11 (4) (b) 3. a. of the statutes is amended to read:
SB21,1731,1512 948.11 (4) (b) 3. a. Is a technical college, is a school approved authorized by the
13educational approval board under s. 38.50 department of financial institutions and
14professional standards under s. 440.52
, or is a school described in s. 38.50 440.52 (1)
15(e) 6., 7. or 8.; and
SB21,4730 16Section 4730. 949.11 (2) of the statutes is repealed.
SB21,4731 17Section 4731. 949.31 (2) of the statutes is repealed.
SB21,4732 18Section 4732. 971.14 (6) (b) of the statutes is amended to read:
SB21,1732,1119 971.14 (6) (b) When the court discharges a defendant from commitment under
20par. (a), it may order that the defendant be taken immediately into custody by a law
21enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an
22approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical
23or protective placement facility. Thereafter, detention of the defendant shall be
24governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The district attorney or
25corporation counsel may prepare a statement meeting the requirements of s. 51.15

1(4) or (5), 51.45 (13) (a), or 55.135 based on the allegations of the criminal complaint
2and the evidence in the case. This statement shall be given to the director of the
3facility to which the defendant is delivered and filed with the branch of circuit court
4assigned to exercise criminal jurisdiction in the county in which the criminal charges
5are pending, where it shall suffice, without corroboration by other petitioners, as a
6petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective
7placement under s. 55.075. This section does not restrict the power of the branch of
8circuit court in which the petition is filed to transfer the matter to the branch of
9circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent
10in commitment or protective placement pursuant to a petition under this paragraph
11shall not be deemed days spent in custody under s. 973.155.
SB21,4733 12Section 4733. 973.0455 of the statutes is created to read:
SB21,1732,17 13973.0455 Crime prevention funding board surcharge. (1) If a court
14imposes a sentence or places a person on probation, the court shall impose a crime
15prevention funding board surcharge. The surcharge is the total amount calculated
16by adding up, for each misdemeanor or felony count on which a conviction occurred,
17$20.
SB21,1732,20 18(2) After the clerk determines the amount due, the clerk of court shall collect
19and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county
20treasurer shall then distribute the moneys under s. 59.25 (3) (gm).
SB21,4734 21Section 4734. 973.05 (2m) (du) of the statutes is created to read:
SB21,1732,2322 973.05 (2m) (du) To payment of the crime prevention funding board surcharge
23until paid in full.
SB21,4735 24Section 4735. 973.06 (1) (j) of the statutes is amended to read:
SB21,1733,10
1973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 114.09, 346.63,
2350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement
3agency for the withdrawal of the defendant's blood, except that the court may not
4impose on the defendant any cost for an alternative test provided free of charge as
5described in s. 343.305 (4). If at the time the court finds that the defendant
6committed the violation, the law enforcement agency has not paid or been charged
7with the costs of withdrawing the person's blood, the court shall impose and collect
8the costs the law enforcement agency reasonably expects to be charged for the
9withdrawal, based on the current charges for this procedure. Notwithstanding sub.
10(2), the court may not remit these costs.
SB21,4736 11Section 4736. 978.03 (1) of the statutes is amended to read:
SB21,1733,2112 978.03 (1) The district attorney of any prosecutorial unit having a population
13of 500,000 or more may appoint 5 7 deputy district attorneys and such assistant
14district attorneys as may be requested by the department of administration and
15authorized in accordance with s. 16.505. The district attorney shall rank the deputy
16district attorneys for purposes of carrying out duties under this section. The
17deputies, according to rank, may perform any duty of the district attorney, under the
18district attorney's direction. In the absence or disability of the district attorney, the
19deputies, according to rank, may perform any act required by law to be performed
20by the district attorney. Any such deputy must have practiced law in this state for
21at least 2 years prior to appointment under this section.
SB21,4737 22Section 4737. 978.045 (1r) (intro.) of the statutes is amended to read:
SB21,1734,823 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the
24record stating the cause for it, may appoint an attorney as a special prosecutor to
25perform, for the time being, or for the trial of the accused person, the duties of the

1district attorney. An attorney appointed under this subsection shall have all of the
2powers of the district attorney. The judge may appoint an attorney as a special
3prosecutor at the request of a district attorney to assist the district attorney in the
4prosecution of persons charged with a crime, in grand jury proceedings or John Doe
5proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The
6judge may appoint an attorney as a special prosecutor only if the judge or the
7requesting district attorney submits an affidavit to the department of justice
8attesting that
any of the following conditions exists:
SB21,4738 9Section 4738. 978.045 (1r) (e) of the statutes is amended to read:
SB21,1734,1210 978.045 (1r) (e) The district attorney is physically unable to attend to his or her
11duties due to a health issue or has a mental incapacity that impairs his or her ability
12to substantially perform his or her duties.
SB21,4739 13Section 4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated,
14renumbered 978.045 (2) and amended to read:
SB21,1734,2215 978.045 (2) The If the department of justice approves the appointment of a
16special prosecutor under sub. (1r), the
court shall fix the amount of compensation for
17any the attorney appointed as a special prosecutor under sub. (1r) according to the
18rates specified in s. 977.08 (4m) (b). (b) The department of administration shall pay
19the compensation ordered by the court from the appropriation under s. 20.475 (1) (d).
20(c) The court, district attorney, and the special prosecutor shall provide any
21information regarding a payment under par. (b) of compensation that the
22department requests.
SB21,4740 23Section 4740. 978.05 (6) (a) of the statutes is amended to read:
SB21,1735,1124 978.05 (6) (a) Institute, commence or appear in all civil actions or special
25proceedings under and perform the duties set forth for the district attorney under ch.

1980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8),
2103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and
3(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties
4in connection with court proceedings in a court assigned to exercise jurisdiction
5under chs. 48 and 938 as the judge may request and perform all appropriate duties
6and appear if the district attorney is designated in specific statutes, including
7matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this
8paragraph limits the authority of the county board to designate, under s. 48.09 (5),
9that the corporation counsel provide representation as specified in s. 48.09 (5) or to
10designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate
11person to represent the interests of the public under s. 48.14 or 938.14.
SB21,4741 12Section 4741. 978.11 of the statutes is amended to read:
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