SB804,222 17Section 222. 938.224 (2) (a) 2. of the statutes, as affected by 2015 Wisconsin
18Act 55
, is amended to read:
SB804,64,2119 938.224 (2) (a) 2. There is no bed space available in a county-operated juvenile
20detention facility approved by the department of corrections within 40 miles of the
21county seat of the county.
SB804,223 22Section 223. 938.224 (2) (b) of the statutes, as affected by 2015 Wisconsin Act
2355
, is amended to read:
SB804,65,224 938.224 (2) (b) That the county may use a juvenile correctional facility for
25holding a juvenile under sub. (1) only if the department of corrections approves that

1use based on the availability of beds in the juvenile correctional facility and on the
2programming needs of the juvenile.
SB804,224 3Section 224. 938.224 (3) (a) of the statutes, as affected by 2015 Wisconsin Act
455
, is amended to read:
SB804,65,85 938.224 (3) (a) The per person daily rate to be paid by the county for holding
6a juvenile under sub. (1) and the charges to be paid by the county for any
7extraordinary medical and dental expenses and any programming provided for the
8juvenile by the department of corrections.
SB804,225 9Section 225. 938.224 (3) (b) of the statutes, as affected by 2015 Wisconsin Act
1055
, is amended to read:
SB804,65,1311 938.224 (3) (b) Any other matters that are necessary and appropriate
12concerning the obligations, responsibilities, and rights of the contracting county and
13the department of corrections.
SB804,226 14Section 226. 938.224 (4) of the statutes, as affected by 2015 Wisconsin Act 55,
15is amended to read:
SB804,65,1816 938.224 (4) Supervision and control of juveniles. A juvenile held in custody
17under sub. (1) is under the supervision and control of the department of corrections
18and is subject to the rules and discipline of that the department.
SB804,227 19Section 227. 938.225 of the statutes, as affected by 2015 Wisconsin Act 55, is
20amended to read:
SB804,65,25 21938.225 Statewide plan for juvenile detention facilities. The department
22of corrections shall assist counties in establishing juvenile detention facilities under
23s. 938.22 by developing and promulgating a statewide plan for the establishment and
24maintenance of suitable juvenile detention facilities reasonably accessible to each
25court.
SB804,228
1Section 228. 938.226 of the statutes is created to read:
SB804,66,6 2938.226 Secure juvenile facilities; general supervision and inspection
3by department.
(1) Generally. The department shall investigate and supervise
4all juvenile correctional facilities, all secured residential care centers for children
5and youth, and all juvenile detention facilities and familiarize itself with all the
6circumstances affecting their management and usefulness.
SB804,66,14 7(2) Inspections. The department shall inquire into the methods of treatment,
8instruction, government, and management of children placed in the facilities
9specified in sub. (1); the conduct of the trustees, managers, directors,
10superintendents, and other officers and employees of those facilities; the condition
11of the buildings, grounds, and all other property pertaining to those facilities; and
12all other matters pertaining to the usefulness and management of those facilities;
13and recommend to the officers in charge such changes and additional provisions as
14the department considers proper.
SB804,66,19 15(3) Frequency of inspections. The department shall inspect and investigate
16each facility specified in sub. (1) at least annually and, when directed by the governor,
17the department shall conduct a special investigation into such a facility's
18management, or anything connected with its management, and report to the
19governor the testimony taken, the facts found, and the conclusions drawn.
SB804,67,2 20(4) Enforcement by attorney general and district attorneys. Upon request
21of the department, the attorney general or the district attorney of the proper county
22shall aid in any investigation, inspection, hearing, or trial held under the provisions
23of this chapter relating to powers of the department, and shall institute and
24prosecute all necessary actions or proceedings for the enforcement of those
25provisions and for the punishment of violations of those provisions. The attorney

1general or district attorney so requested shall report or confer with the department
2regarding the request, within 30 days after the receipt of the request.
SB804,67,10 3(5) Opportunity to inspect. All trustees, managers, directors,
4superintendents, and other officers or employees of a facility specified in sub. (1)
5shall at all times afford to every member of the department and its agents
6unrestrained facility access for inspection of and free access to all parts of the
7buildings and grounds and to all books and papers of the facility, and shall give,
8either verbally or in writing, such information as the department requires. Any
9person who violates this subsection shall forfeit not less than $10 nor more than
10$100.
SB804,67,14 11(6) Testimonial power; expenses. The department or any person delegated by
12the department may administer oaths, take testimony, and cause depositions to be
13taken. All expenses of the investigations, including fees of officers and witnesses,
14shall be charged to the appropriation for the department.
SB804,67,17 15(7) Statistics to be furnished. Whenever the department is required to collect
16statistics relating to a facility specified in sub. (1), the facility shall furnish the
17required statistics on request.
SB804,229 18Section 229. 938.227 of the statutes is created to read:
SB804,67,22 19938.227 Juvenile detention facilities; establishment, approval,
20inspection.
(1) The department shall fix reasonable standards and regulations for
21the design, construction, repair, and maintenance of juvenile detention facilities,
22with respect to their adequacy and fitness for the needs that they are to serve.
SB804,68,2 23(2) The selection and purchase of the site, and the plans, specifications, and
24erection of buildings for juvenile detention facilities shall be subject to the review and

1approval of the department. Department review shall include review of the proposed
2program to be carried out by the juvenile detention facility.
SB804,68,11 3(3) Before any juvenile detention facility is occupied, and at least annually
4thereafter, the department shall inspect the juvenile detention facility, with respect
5to safety, sanitation, adequacy, and fitness, report to the authorities managing the
6juvenile detention facility any deficiency found, and order the necessary work to
7correct that deficiency. If within 6 months after the inspection the work is not
8commenced, or not completed within a reasonable period after commencement of the
9work, to the satisfaction of the department, the department shall suspend the
10allowance of state aid for, and prohibit the use of, the juvenile detention facility until
11the order is complied with.
SB804,230 12Section 230. 938.23 (1m) (a) of the statutes, as affected by 2015 Wisconsin Act
1355
, is amended to read:
SB804,68,2214 938.23 (1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in
15a juvenile detention facility shall be represented by counsel at all stages of the
16proceedings. A juvenile 15 years of age or older may waive counsel if the court is
17satisfied that the waiver is knowingly and voluntarily made and the court accepts
18the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile
19correctional facility or a secured residential care center for children and youth,
20transfer supervision of the juvenile to the department of corrections for participation
21in the serious juvenile offender program, or transfer jurisdiction over the juvenile to
22adult court.
SB804,231 23Section 231. 938.295 (2) (c) of the statutes is amended to read:
SB804,69,624 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may
25recover a reasonable contribution toward that cost from the juvenile's parent or

1guardian, based on the ability of the parent or guardian to pay. If the examination
2is provided or otherwise funded by the county department under s. 46.215, 46.22, or
346.23, the county department shall collect the contribution of the parent or guardian
4as provided in s. 301.03 (18) 49.32 (1). If the examination is provided or otherwise
5funded by the county department under s. 51.42 or 51.437, the county department
6shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).
SB804,232 7Section 232. 938.296 (6) of the statutes is amended to read:
SB804,69,138 938.296 (6) Payment for test costs. The court may order the county to pay for
9the cost of a test or series of tests ordered under sub. (4) or (5). This subsection does
10not prevent recovery of reasonable contribution toward the cost of that test or series
11of tests from the parent or guardian of the juvenile as the court may order based on
12the ability of the parent or guardian to pay. This subsection is subject to s. 301.03
13(18)
49.32 (1).
SB804,233 14Section 233. 938.30 (6) (b) of the statutes, as affected by 2015 Wisconsin Acts
1555
and .... (Senate Bill 387), is amended to read:
SB804,70,216 938.30 (6) (b) If it appears to the court that disposition of the case may include
17placement of the juvenile outside the juvenile's home, the court shall order the
18juvenile's parent to provide a statement of the income, assets, debts, and living
19expenses of the juvenile and the juvenile's parent to the court or the designated
20agency under s. 938.33 (1) at least 5 days before the scheduled date of the
21dispositional hearing or as otherwise ordered by the court. The clerk of court shall
22provide, without charge, to any parent ordered to provide that statement a document
23setting forth the percentage standard established by the department of children and
24families
under s. 49.22 (9) and the manner of its application established by the

1department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under
2s. 301.12 49.345 (14) (c).
SB804,234 3Section 234. 938.31 (7) (b) of the statutes, as affected by 2015 Wisconsin Acts
455
and .... (Senate Bill 387), is amended to read:
SB804,70,155 938.31 (7) (b) If it appears to the court that disposition of the case may include
6placement of the juvenile outside the juvenile's home, the court shall order the
7juvenile's parent to provide a statement of the income, assets, debts, and living
8expenses of the juvenile and the juvenile's parent, to the court or the designated
9agency under s. 938.33 (1) at least 5 days before the scheduled date of the
10dispositional hearing or as otherwise ordered by the court. The clerk of court shall
11provide, without charge, to any parent ordered to provide the statement a document
12setting forth the percentage standard established by the department of children and
13families
under s. 49.22 (9) and the manner of its application established by the
14department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under
15s. 301.12 49.345 (14) (c).
SB804,235 16Section 235. 938.33 (4m) (intro.) of the statutes is amended to read:
SB804,70,2117 938.33 (4m) Support recommendations; information to parents. (intro.) In
18making a recommendation for an amount of child support under sub. (3) or (4), the
19agency shall consider the factors under s. 301.12 49.345 (14) (c). At or before the
20dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent
21with all of the following:
SB804,236 22Section 236. 938.33 (4m) (b) of the statutes is amended to read:
SB804,70,2423 938.33 (4m) (b) A written explanation of how the parent may request that the
24court modify the amount of child support under s. 301.12 49.345 (14) (c).
SB804,237
1Section 237. 938.34 (2) (a) of the statutes, as affected by 2015 Wisconsin Act
255
, is amended to read:
SB804,71,73 938.34 (2) (a) Place the juvenile under the supervision of an agency, the
4department of corrections, if that the department approves, or a suitable adult,
5including a friend of the juvenile, under conditions prescribed by the court, including
6reasonable rules for the juvenile's conduct, designed for the physical, mental, and
7moral well-being and behavior of the juvenile.
SB804,238 8Section 238. 938.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act
955
, is amended to read:
SB804,71,1410 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the
11supervision of an agency or the department of corrections, order that agency or
12department to provide specified services to the juvenile and the juvenile's family,
13including individual, family, or group counseling, homemaker or parent aide
14services, respite care, housing assistance, child care, or parent skills training.
SB804,239 15Section 239. 938.34 (3) (f) (intro.) of the statutes, as affected by 2015 Wisconsin
16Act 55
, is amended to read:
SB804,71,2017 938.34 (3) (f) (intro.) A juvenile detention facility or juvenile portion of a county
18jail that meets the standards promulgated by the department of corrections by rule,
19or in a place of nonsecure custody designated by the court, subject to all of the
20following:
SB804,240 21Section 240. 938.34 (4m) (intro.) of the statutes, as affected by 2015 Wisconsin
22Act 55
, is amended to read:
SB804,71,2523 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile
24correctional facility or a secured residential care center for children and youth under
25the supervision of the department of corrections if all of the following apply:
SB804,241
1Section 241. 938.34 (4n) (intro.) of the statutes, as affected by 2015 Wisconsin
2Act 55
, section 4655bm, is amended to read:
SB804,72,123 938.34 (4n) Community supervision or aftercare supervision. (intro.) In the
4case of a juvenile who has been placed in a juvenile correctional facility or a secured
5residential care center for children and youth, designate the department of
6corrections
to provide community supervision for the juvenile following the juvenile's
7release from that facility or center or, subject to any arrangement between the
8department of corrections and a county department regarding the provision of
9aftercare supervision for juveniles who have been released from a juvenile
10correctional facility or a secured residential care center for children and youth,
11designate one of the following to provide aftercare supervision for the juvenile
12following the juvenile's release from that facility or center:
SB804,242 13Section 242. 938.34 (6s) of the statutes, as affected by 2015 Wisconsin Act 55,
14is amended to read:
SB804,72,1815 938.34 (6s) Drug testing. If the report under s. 938.33 (1) indicates that the
16juvenile is in need of treatment for the use or abuse of controlled substances or
17controlled substance analogs, order the juvenile to submit to drug testing under a
18drug testing program that the department of corrections shall promulgate by rule.
SB804,243 19Section 243. 938.34 (8d) (c) of the statutes, as affected by 2015 Wisconsin Act
2055
, is amended to read:
SB804,72,2521 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured
22residential care center for children and youth fails to pay the surcharge under par.
23(a), the department of corrections shall assess and collect the amount owed from the
24juvenile's wages or other moneys. Any amount collected shall be transmitted to the
25secretary of administration.
SB804,244
1Section 244. 938.355 (6) (d) 1. of the statutes, as affected by 2015 Wisconsin
2Act 55
, is amended to read:
SB804,73,153 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or
4juvenile portion of a county jail that meets the standards promulgated by the
5department of corrections by rule or in a place of nonsecure custody, for not more than
610 days and the provision of educational services consistent with his or her current
7course of study during the period of placement. The juvenile shall be given credit
8against the period of detention or nonsecure custody imposed under this subdivision
9for all time spent in secure detention in connection with the course of conduct for
10which the detention or nonsecure custody was imposed. If the court orders
11placement of the juvenile in a place of nonsecure custody under the supervision of
12the county department, the court shall order the juvenile into the placement and care
13responsibility of the county department as required under 42 USC 672 (a) (2) and
14shall assign the county department primary responsibility for providing services to
15the juvenile.
SB804,245 16Section 245. 938.355 (6d) (a) 1. of the statutes, as affected by 2015 Wisconsin
17Act 55
, is amended to read:
SB804,74,218 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
192g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
20specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
21to provide or providing intake or dispositional services for the court under s. 938.067
22or 938.069 may, without a hearing, take the juvenile into custody and place the
23juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
24the standards promulgated by the department of corrections by rule or in a place of
25nonsecure custody designated by that person for not more than 72 hours while the

1alleged violation and the appropriateness of a sanction under sub. (6) are being
2investigated.
SB804,246 3Section 246. 938.355 (6d) (a) 2. of the statutes, as affected by 2015 Wisconsin
4Act 55
, is amended to read:
SB804,74,205 938.355 (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.
SB804,247 21Section 247. 938.355 (6d) (b) 1. of the statutes, as affected by 2015 Wisconsin
22Act 55
, section 4658bm, is amended to read:
SB804,75,723 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
242g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of
25that supervision, the juvenile's caseworker or any other person authorized to provide

1or providing intake or dispositional services for the court under s. 938.067 or 938.069
2may, without a hearing, take the juvenile into custody and place the juvenile in a
3juvenile detention facility or juvenile portion of a county jail that meets the
4standards promulgated by the department of corrections by rule or in a place of
5nonsecure custody designated by that person for not more than 72 hours while the
6alleged violation and the appropriateness of revoking the juvenile's aftercare status
7are being investigated.
SB804,248 8Section 248. 938.355 (6d) (b) 2. of the statutes, as affected by 2015 Wisconsin
9Act 55
, section 4659bm, is amended to read:
SB804,75,2510 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
112g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of
12that supervision, the juvenile's caseworker or any other person authorized to provide
13or providing intake or dispositional services for the court under s. 938.067 or 938.069
14may, without a hearing, take the juvenile into custody and place the juvenile in a
15juvenile detention facility or juvenile portion of a county jail that meets the
16standards promulgated by the department of corrections by rule or in a place of
17nonsecure custody designated by that person for not more than 72 hours as a
18consequence of that violation. A person who takes a juvenile into custody under this
19subdivision shall permit the juvenile to make a written or oral statement concerning
20the possible placement of the juvenile and the course of conduct for which the
21juvenile was taken into custody. A person designated by the court or the county
22department who is employed in a supervisory position by a person authorized to
23provide or providing intake or dispositional services under s. 938.067 or 938.069
24shall review that statement and either approve the placement of the juvenile, modify
25the terms of the placement, or order the juvenile to be released from custody.
SB804,249
1Section 249. 938.355 (6m) (a) 1g. of the statutes, as affected by 2015 Wisconsin
2Act 55
, is amended to read:
SB804,76,183 938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility
4or juvenile portion of a county jail that meets the standards promulgated by the
5department of corrections by rule or in a place of nonsecure custody, for not more than
610 days and the provision of educational services consistent with his or her current
7course of study during the period of placement. The juvenile shall be given credit
8against the period of detention or nonsecure custody imposed under this subdivision
9for all time spent in secure detention in connection with the course of conduct for
10which the detention or nonsecure custody was imposed. The use of placement in a
11juvenile detention facility or in a juvenile portion of a county jail as a sanction under
12this subdivision is subject to the adoption of a resolution by the county board of
13supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.
14If the court orders placement of the juvenile in a place of nonsecure custody under
15the supervision of the county department, the court shall order the juvenile into the
16placement and care responsibility of the county department as required under 42
17USC 672
(a) (2) and shall assign the county department primary responsibility for
18providing services to the juvenile.
SB804,250 19Section 250. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin Act
2055
, section 4662bm, is amended to read:
SB804,77,1121 938.357 (4) (a) When the juvenile is placed with the department of corrections,
22that
, the department may, after an examination under s. 938.50, place the juvenile
23in a juvenile correctional facility or a secured residential care center for children and
24youth or on community supervision or aftercare supervision, either immediately or
25after a period of placement in a juvenile correctional facility or a secured residential

1care center for children and youth. The department of corrections shall send written
2notice of the change in placement to the parent, guardian, legal custodian, county
3department designated under s. 938.34 (4n), if any, and committing court. If the
4department of corrections places a juvenile in a Type 2 juvenile correctional facility
5operated by a child welfare agency, that the department shall reimburse the child
6welfare agency at the rate established under s. 49.343 that is applicable to the type
7of placement that the child welfare agency is providing for the juvenile. A juvenile
8who is placed in a Type 2 juvenile correctional facility or a secured residential care
9center for children and youth remains under the supervision of the department of
10corrections
, remains subject to the rules and discipline of that the department, and
11is considered to be in custody, as defined in s. 946.42 (1) (a).
SB804,251 12Section 251. 938.357 (4) (b) 1. of the statutes, as affected by 2015 Wisconsin
13Act 55
, is amended to read:
SB804,77,2014 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed
15in a Type 2 juvenile correctional facility operated by a child welfare agency violates
16a condition of his or her placement in the Type 2 juvenile correctional facility, the
17child welfare agency operating the Type 2 juvenile correctional facility shall notify
18the department of corrections and that the department, after consulting with the
19child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
20under the supervision of the department, without a hearing under sub. (1) (am) 2.
SB804,252 21Section 252. 938.357 (4) (b) 2. of the statutes, as affected by 2015 Wisconsin
22Act 55
, is amended to read:
SB804,78,1423 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
24care center for children and youth under s. 938.34 (4d) violates a condition of his or
25her placement in the Type 2 residential care center for children and youth, the child

1welfare agency operating the Type 2 residential care center for children and youth
2shall notify the county department that has supervision over the juvenile and, if the
3county department agrees to a change in placement under this subdivision, the child
4welfare agency shall notify the department of corrections, and that the department,
5after consulting with the child welfare agency, may place the juvenile in a Type 1
6juvenile correctional facility under the supervision of the department of corrections,
7without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is
8placed in a Type 1 juvenile correctional facility under this subdivision, the county
9department that has supervision over the juvenile shall reimburse the child welfare
10agency operating the Type 2 residential care center for children and youth in which
11the juvenile was placed at the rate established under s. 49.343, and that child welfare
12agency shall reimburse the department of corrections at the rate specified in s.
13301.26 938.526 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's
14care while placed in a Type 1 juvenile correctional facility.
SB804,253 15Section 253. 938.357 (4) (b) 4. of the statutes, as affected by 2015 Wisconsin
16Act 55
, is amended to read:
SB804,78,1817 938.357 (4) (b) 4. A juvenile may seek review of a decision of the department
18of corrections under subd. 1. or 2. only by the common law writ of certiorari.
SB804,254 19Section 254. 938.357 (4) (c) 1. of the statutes, as affected by 2015 Wisconsin
20Act 55
, is amended to read:
SB804,79,421 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
22operated by a child welfare agency under par. (a) and it appears that a less restrictive
23placement would be appropriate for the juvenile, the department of corrections, after
24consulting with the child welfare agency that is operating the Type 2 juvenile
25correctional facility, may place the juvenile in a less restrictive placement, and may

1return the juvenile to the Type 2 juvenile correctional facility without a hearing
2under sub. (1) (am) 2. The rate for each type of placement shall be established by the
3department of children and families, in consultation with the department of
4corrections,
in the manner provided in s. 49.343.
SB804,255 5Section 255. 938.357 (4) (c) 2. of the statutes, as affected by 2015 Wisconsin
6Act 55
, is amended to read:
SB804,79,197 938.357 (4) (c) 2. If a juvenile is placed in a Type 2 residential care center for
8children and youth under s. 938.34 (4d) and it appears that a less restrictive
9placement would be appropriate for the juvenile, the child welfare agency operating
10the Type 2 residential care center for children and youth shall notify the county
11department that has supervision over the juvenile and, if the county department
12agrees to a change in placement under this subdivision, the child welfare agency may
13place the juvenile in a less restrictive placement. A child welfare agency may also,
14with the agreement of the county department that has supervision over a juvenile
15who is placed in a less restrictive placement under this subdivision, return the
16juvenile to the Type 2 residential care center for children and youth without a
17hearing under sub. (1) (am) 2. The rate for each type of placement shall be
18established by the department of children and families, in consultation with the
19department of corrections,
in the manner provided in s. 49.343.
SB804,256 20Section 256. 938.357 (4) (c) 4. of the statutes, as affected by 2015 Wisconsin
21Act 55
, is amended to read:
SB804,79,2422 938.357 (4) (c) 4. A juvenile may seek review of a decision of the department
23of corrections or county department under subd. 1. or 2. only by the common law writ
24of certiorari.
SB804,257
1Section 257. 938.357 (4g) (a) of the statutes, as affected by 2015 Wisconsin Act
255
, section 4664bm, is amended to read:
SB804,80,123 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile
4is placed in a juvenile correctional facility or a secured residential care center for
5children and youth, or within 30 days after the date on which the department of
6corrections
requests the community supervision or aftercare plan, whichever is
7earlier, the community supervision or aftercare provider designated under s. 938.34
8(4n) shall prepare a community supervision or aftercare plan for the juvenile. If the
9juvenile is to be placed on aftercare supervision, the county department designated
10as the aftercare provider shall submit the aftercare plan to the department of
11corrections
within the applicable period specified in this paragraph, unless the
12department of corrections waives the period under par. (b).
SB804,258 13Section 258. 938.357 (4g) (b) of the statutes, as affected by 2015 Wisconsin Act
1455
, section 4665bm, is amended to read:
SB804,80,2315 938.357 (4g) (b) The department of corrections may waive the period within
16which a community supervision plan or aftercare plan must be prepared and
17submitted under par. (a) if that the department anticipates that the juvenile will
18remain in the juvenile correctional facility or secured residential care center for
19children and youth for a period exceeding 8 months or if the juvenile is subject to s.
20938.183. If the department of corrections waives that period, the designated
21community supervision or aftercare provider shall prepare the community
22supervision or aftercare plan within 30 days after the date on which the department
23of corrections requests the community supervision or aftercare plan.
SB804,259 24Section 259. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act
2555
, section 4671bm, is amended to read:
SB804,81,4
1938.357 (4m) Release to community supervision or aftercare supervision.
2The department of corrections shall try to release a juvenile to community
3supervision or aftercare supervision under sub. (4) within 30 days after the date on
4which that the department determines the juvenile is eligible for the release.
SB804,260 5Section 260. 938.357 (5) (a) of the statutes, as affected by 2015 Wisconsin Act
655
, section 4673bm, is amended to read:
SB804,81,137 938.357 (5) (a) If a juvenile has been placed on community supervision, the
8department of corrections may revoke the community supervision status of that
9juvenile as provided in this subsection. If a juvenile has been placed on aftercare
10supervision, the county department that has been designated as a juvenile's
11aftercare provider may revoke the aftercare status of that juvenile as provided in this
12subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
13required.
SB804,261 14Section 261. 938.357 (5) (g) of the statutes, as affected by 2015 Wisconsin Act
1555
, section 4677bm, is amended to read:
SB804,81,2116 938.357 (5) (g) The department of corrections shall promulgate rules setting
17standards to be used by a hearing examiner to determine whether to revoke a
18juvenile's community supervision or aftercare status. The standards shall specify
19that the burden is on the department of corrections or county department seeking
20revocation to show by a preponderance of the evidence that the juvenile violated a
21condition of community supervision or aftercare supervision.
SB804,262 22Section 262. 938.357 (5m) (a) of the statutes, as affected by 2015 Wisconsin
23Acts 55
and .... (Senate Bill 387), is amended to read:
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