SB804,87,10
9938.49 (title)
Notification by court of placement with department of
10corrections; transfer of reports and records.
SB804,87,1913
938.49
(1) Notice to department of corrections of placement. When a court
14places a juvenile in a juvenile correctional facility or secured residential care center
15for children and youth under the supervision of the department
of corrections, the
16court shall immediately notify
that the department of that action. The court shall,
17in accordance with procedures established by the department
of corrections, provide
18transportation for the juvenile to a receiving center designated by
that the 19department or deliver the juvenile to personnel of
that the department.
SB804,87,2522
938.49
(2) Transfer of court report and pupil records. (intro.) When a court
23places a juvenile in a juvenile correctional facility or a secured residential care center
24for children and youth under the supervision of the department
of corrections, the
25court and all other public agencies shall immediately do all of the following:
SB804,88,53
938.49
(2) (a) Transfer to the department
of corrections a copy of the report
4submitted to the court under s. 938.33 or, if the report was presented orally, a
5transcript of the report and all other pertinent data in their possession.
SB804,88,21
8938.50 Examination of juveniles under supervision of department [of
9corrections]. The department
of corrections shall examine every juvenile who is
10placed under its supervision to determine the type of placement best suited to the
11juvenile and to the protection of the public. The examination shall include an
12investigation of the personal and family history of the juvenile and his or her
13environment, any physical or mental examinations necessary to determine the type
14of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a)
15to determine the appropriate level of supervision and services based on the juvenile's
16risks and needs. The department
of corrections shall screen a juvenile who is
17examined under this section to determine whether the juvenile is in need of special
18treatment or care because of alcohol or other drug abuse, mental illness, or severe
19emotional disturbance. In making the examination the department
of corrections 20may use any facilities, public or private, that offer assistance in determining the
21correct placement for the juvenile.
SB804,89,824
938.505
(1) Rights and duties of department of corrections or county
25department. When a juvenile is placed under the supervision of the department
of
1corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under
2the supervision of a county department under s. 938.34 (4n), the department
of
3corrections or county department, whichever has supervision over the juvenile, shall
4have the right and duty to protect, train, discipline, treat, and confine the juvenile
5and to provide food, shelter, legal services, education, and ordinary medical and
6dental care for the juvenile, subject to the rights, duties, and responsibilities of the
7guardian of the juvenile and subject to any residual parental rights and
8responsibilities and the provisions of any court order.
SB804,89,2411
938.505
(2) (a) (intro.) If a juvenile 14 years of age or older is under the
12supervision of the department
of corrections or a county department as described in
13sub. (1), is not residing in his or her home, and wishes to be administered
14psychotropic medication but a parent with legal custody or the guardian refuses to
15consent to the administration of psychotropic medication or cannot be found, or if
16there is no parent with legal custody, the department
of corrections or county
17department acting on the juvenile's behalf may petition the court assigned to
18exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile
19is located for permission to administer psychotropic medication to the juvenile. A
20copy of the petition and a notice of hearing shall be served upon the parent or
21guardian at his or her last-known address. If, after hearing, the court determines
22that all of the following apply, the court shall grant permission for the department
23of corrections or county department to administer psychotropic medication to the
24juvenile without the parent's or guardian's consent:
SB804,90,63
938.505
(2) (b) The court may, at the request of the department
of corrections 4or county department, temporarily approve the administration of psychotropic
5medication, for not more than 10 days after the date of the request, pending the
6hearing on the petition. The hearing shall be held within that 10-day period.
SB804,90,169
938.51
(1) Release from secured facility or supervision. (intro.) At least 15
10days prior to the date of release from a juvenile correctional facility or a secured
11residential care center for children and youth of a juvenile who has been adjudicated
12delinquent and at least 15 days prior to the release from the supervision of the
13department
of corrections or a county department of a juvenile who has been
14adjudicated delinquent, the department
of corrections or county department,
15whichever has supervision over the juvenile, shall make a reasonable attempt to do
16all of the following:
SB804,91,419
938.51
(1d) Release from nonsecured residential care center. (intro.) At
20least 15 days prior to the release from a nonsecured residential care center for
21children and youth of a juvenile who has either been adjudicated delinquent under
22s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services
23under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have
24committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and
25at least 15 days prior to the release from a nonsecured residential care center for
1children and youth of a juvenile who has been found to be in need of protection or
2services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department
of
3corrections or county department, whichever has supervision over the juvenile, shall
4notify all of the following persons of the juvenile's release:
SB804,91,167
938.51
(1m) Notification of local agencies. The department
of corrections 8or county department, whichever has supervision over a juvenile described in sub.
9(1), shall determine the local agencies that it will notify under sub. (1) (a) based on
10the residence of the juvenile's parents or on the juvenile's intended residence
11specified in the juvenile's community supervision plan or aftercare supervision plan
12or, if those methods do not indicate the community in which the juvenile will reside
13following release from a juvenile correctional facility or a secured residential care
14center for children and youth or from the supervision of the department
of corrections 15or county department, the community in which the juvenile states that he or she
16intends to reside.
SB804,92,1219
938.51
(2) Notification request cards. The department
of corrections shall
20design and prepare cards for any person specified in sub. (1) (b), (c), (cm), or (d) to
21send to the department
of corrections or county department, whichever has
22supervision over a juvenile described in sub. (1), (1d), or (1g). The cards shall have
23space for the person's name, telephone number and mailing address, the name of the
24applicable juvenile, and any other information that the department
of corrections 25determines is necessary. The cards shall advise a victim who is under 18 years of age
1that he or she may complete a card requesting notification under sub. (1) (b), (1d),
2or (1g) if the notification occurs after the victim attains 18 years of age and advising
3the parent or guardian of a victim who is under 18 years of age that the parent or
4guardian may authorize on the card direct notification of the victim under sub. (1)
5(b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age. The
6department
of corrections shall provide the cards, without charge, to district
7attorneys. District attorneys shall provide the cards, without charge, to persons
8specified in sub. (1) (b) to (d). These persons may send completed cards to the
9department
of corrections or county department, whichever has supervision over the
10juvenile. Department
of corrections and county department records or portions of
11records that relate to telephone numbers and mailing addresses of these persons are
12not subject to inspection or copying under s. 19.35 (1).
SB804,92,1915
938.51
(3) Release not affected by failure to notify. Timely release of a
16juvenile specified in sub. (1), (1d), or (1g) shall not be prejudiced by the fact that the
17department
of corrections or county department, whichever has supervision over the
18juvenile, did not provide notification as required under sub. (1), (1d), or (1g),
19whichever is applicable.
SB804,93,822
938.51
(4) Notification if escape or absence. (intro.) If a juvenile described
23in sub. (1), (1d), or (1g) escapes from a juvenile correctional facility, residential care
24center for children and youth, inpatient facility, juvenile detention facility, or
25juvenile portion of a county jail, or from the custody of a peace officer or a guard of
1such a facility, center, home, or jail, or has been allowed to leave a juvenile
2correctional facility, residential care center for children and youth, inpatient facility,
3juvenile detention facility, or juvenile portion of a county jail for a specified period
4of time and is absent from the facility, center, home, or jail for more than 12 hours
5after the expiration of the specified period, as soon as possible after the department
6of corrections or county department, whichever has supervision over the juvenile,
7discovers the escape or absence, the department
of corrections or county department
8shall make a reasonable attempt to notify by telephone all of the following persons:
SB804,93,12
11938.52 (title)
Facilities for care of juveniles in care of department of
12corrections.
SB804,93,1715
938.52
(1) Facilities maintained or used for juveniles. (intro.) The
16department
of corrections may maintain or use the following facilities for juveniles
17in its care:
SB804,93,2420
938.52
(1) (f) Other facilities that the department
of corrections considers to
21be appropriate for the juvenile, except that no state funds may be used for the
22maintenance of a juvenile in the home of a parent or relative who would be eligible
23for aid under s. 49.19, but for s. 49.19 (20), if such funds would reduce federal funds
24to this state.
SB804,94,123
938.52
(2) Use of other facilities. (a) In addition to facilities and services
4under sub. (1), the department
of corrections may use other facilities and services
5under its jurisdiction. The department
of corrections may contract for and pay for
6the use of other public facilities or private facilities for the care and treatment of
7juveniles in its care. Placement of a juvenile in a private or public facility that is not
8under the jurisdiction of the department
of corrections does not terminate
that the 9department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or
10(4n), or 938.357 (4). Placements in institutions for persons with a mental illness or
11development disability shall be made in accordance with ss. 48.14 (5), 48.63, and
12938.34 (6) (am) and ch. 51.
SB804,94,2013
(b) Public facilities shall accept and care for persons placed in those facilities
14by the department
of corrections in the same manner as those facilities would be
15required to do had the legal custody of those persons been transferred by a court of
16competent jurisdiction. Nothing in this subsection requires any public facility to
17serve the department
of corrections in a manner that is inconsistent with the
18facility's functions or with the laws and regulations governing its activities or gives
19the department
of corrections the authority to use any private facility without its
20consent.
SB804,94,2321
(c) The department
of corrections may inspect any facility it is using and
22examine and consult with persons under its supervision under s. 938.183, 938.34
23(4h), (4m), or (4n), or 938.357 (4) who have been placed in the facility.
SB804,95,3
1938.52
(4) Coeducational programs and institutions. The department
of
2corrections may establish and maintain coeducational programs and institutions
3under this chapter.
SB804,95,12
6938.53 Duration of control of department
of corrections over
7delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
8who has been placed under the supervision of the department
of corrections under
9s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) shall be discharged as soon as
that 10the department determines that there is a reasonable probability that departmental
11supervision is no longer necessary for the rehabilitation and treatment of the
12juvenile or for the protection of the public.
SB804,95,2115
938.533
(2) Community supervision services. (intro.) From the appropriation
16under s.
20.410 (3) 20.437 (4) (hr), the department
of corrections shall purchase or
17provide community supervision services for juveniles who have been placed under
18the community supervision of the department
of corrections under s. 938.34 (4n),
19938.357 (4), or 938.538 (3) (a) 2. For each juvenile who is placed under community
20supervision, the department
of corrections may purchase or provide any of the
21following services:
SB804,96,1224
938.533
(3) Institutional status. (a) The office of juvenile offender review in
25the division of juvenile corrections in the department
of corrections shall evaluate
1each juvenile who is placed under community supervision and may place such a
2juvenile in Type 2 status. A juvenile who is placed in Type 2 status is under the
3supervision of the department
of corrections, is subject to the rules and discipline of
4that the department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
5Notwithstanding ss. 938.19 to 938.21, if a juvenile who is placed in Type 2 status
6violates a condition of his or her participation in community supervision, the
7department
of corrections may, without a hearing, take the juvenile into custody and
8place the juvenile in a juvenile detention facility or return the juvenile to placement
9in a Type 1 juvenile correctional facility or a secured residential care center for
10children and youth. This paragraph does not preclude a juvenile who has violated
11a condition of his or her participation in community supervision from being taken
12into and held in custody under ss. 938.19 to 938.21.
SB804,96,2313
(b) The department
of corrections shall operate community supervision for a
14juvenile who is placed in Type 2 status as a Type 2 juvenile correctional facility. The
15secretary may allocate and reallocate existing and future facilities as part of the Type
162 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to
17s. 301.02 the governance of the department. Construction or establishment of a Type
182 juvenile correctional facility shall be in compliance with all state laws except s.
1932.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or
20establishment of a Type 2 juvenile correctional facility is not subject to the
21ordinances or regulations relating to zoning, including zoning under ch. 91, of the
22county and city, village, or town in which the construction or establishment takes
23place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.
SB804,306
24Section
306. 938.533 (4) of the statutes is amended to read:
SB804,97,2
1938.533
(4) Rules. The department
of corrections shall promulgate rules to
2implement this section.
SB804,97,225
938.534
(1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
6general written policies adopted by the court under s. 938.06 (1) or (2) and to any
7policies adopted by the county board relating to the taking into custody and
8placement of a juvenile under this subdivision, if a juvenile violates a condition of his
9or her participation in the program, the juvenile's caseworker or any other person
10authorized to provide or providing intake or dispositional services for the court under
11s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
12the juvenile in a juvenile detention facility or juvenile portion of a county jail that
13meets the standards promulgated by the department
of corrections by rule or in a
14place of nonsecure custody designated by that person for not more than 72 hours
15while the alleged violation and the appropriateness of a sanction under s. 938.355
16(6) or a change in the conditions of the juvenile's participation in the program are
17being investigated. Short-term detention under this subdivision may be imposed
18only if at the dispositional hearing the court explained those conditions to the
19juvenile and informed the juvenile of that possible placement or if before the
20violation the juvenile has acknowledged in writing that he or she has read, or has had
21read to him or her, those conditions and that possible placement and that he or she
22understands those conditions and that possible placement.
SB804,98,23
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.
SB804,99,7
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).
SB804,99,17
10938.535 Early release and intensive supervision program; limits. The
11department
of corrections may establish a program for the early release and
12intensive supervision of juveniles who have been placed in a juvenile correctional
13facility or a secured residential care center for children and youth under s. 938.183
14or 938.34 (4m). The program may not include any juveniles who have been placed
15in a juvenile correctional facility or a secured residential care center for children and
16youth as a result of a delinquent act involving the commission of a violent crime as
17defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
SB804,99,2420
938.538
(2) Program administration and design. (intro.) The department
of
21corrections shall administer a serious juvenile offender program for juveniles who
22have been adjudicated delinquent and ordered to participate in the program under
23s. 938.34 (4h). The department
of corrections shall design the program to provide all
24of the following:
SB804,100,43
938.538
(3) (a) (intro.) The department
of corrections shall provide each
4participant with one or more of the following sanctions:
SB804,100,87
938.538
(3) (a) 9. Other programs as prescribed by the department
of
8corrections.
SB804,101,211
938.538
(4) Institutional status. (a) A participant in the program under this
12section is under the supervision and control of the department
of corrections, is
13subject to the rules and discipline of
that the department, and is considered to be in
14custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a
15participant violates a condition of his or her participation in the program under sub.
16(3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department
17of corrections may, without a hearing, take the participant into custody and return
18him or her to placement in a Type 1 juvenile correctional facility or a secured
19residential care center for children and youth. Any intentional failure of a
20participant to remain within the extended limits of his or her placement while
21participating in the serious juvenile offender program or to return within the time
22prescribed by the administrator of the division of intensive sanctions in the
23department
of corrections is considered an escape under s. 946.42 (3) (c). This
24paragraph does not preclude a juvenile who has violated a condition of the juvenile's
1participation in the program under sub. (3) (a) 2. to 9. from being taken into and held
2in custody under ss. 938.19 to 938.21.
SB804,101,143
(b) The department
of corrections shall operate the component phases of the
4program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The
5secretary of
corrections children and families may allocate and reallocate existing
6and future facilities as part of the Type 2 juvenile correctional facility. The Type 2
7juvenile correctional facility is subject to
s. 301.02
the governance of the department.
8Construction or establishment of a Type 2 juvenile correctional facility shall be in
9compliance with all state laws except s. 32.035 and ch. 91. In addition to the
10exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile
11correctional facility is not subject to the ordinances or regulations relating to zoning,
12including zoning under ch. 91, of the county and city, village, or town in which the
13construction or establishment takes place and is exempt from inspections required
14under s.
301.36 938.226.
SB804,101,2217
938.538
(5) (a) The office of juvenile offender review in the division of juvenile
18corrections in the department
of corrections may release a participant to community
19supervision under s.
301.03 938.485 (10) (d) at any time after the participant has
20completed 2 years of participation in the serious juvenile offender program.
21Community supervision of the participant shall be provided by the department
of
22corrections.
SB804,102,4
1938.538
(5) (b) The department
of corrections may discharge a participant from
2participation in the serious juvenile offender program and from departmental
3supervision and control at any time after he or she has completed 3 years in the
4serious juvenile offender program.
SB804,102,127
938.538
(6) Purchase of services. The department
of corrections may contract
8with the department of health services,
the department of children and families, a
9county department, or any public or private agency for the purchase of goods, care,
10and services for participants in the program under this section. The department
of
11corrections shall reimburse a person from whom it purchases goods, care, or services
12under this subsection from the appropriation under s.
20.410 (3) 20.437 (4) (cg).
SB804,102,1615
938.538
(7) Rules. The department
of corrections shall promulgate rules to
16implement this section.
SB804,102,2419
938.539
(2) Type 2 juvenile correctional facility; department of corrections
20control. A juvenile who is placed in a Type 2 juvenile correctional facility under s.
21938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive
22placement under s. 938.357 (4) (c) is under the supervision and control of the
23department
of corrections, is subject to the rules and discipline of
that the 24department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
SB804,103,43
938.539
(6) Rule-making. The department
of corrections shall promulgate
4rules to implement this section.
SB804,103,137
938.54
(1) Records generally. The department
of corrections shall keep a
8complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h),
9(4m), or (4n) or 938.357 (4). This record shall include the information received from
10the court, the date of reception, all available data on the personal and family history
11of the juvenile, the results of all tests and examinations given the juvenile, and a
12complete history of all placements of the juvenile while under the supervision of the
13department
of corrections.
SB804,103,1916
938.549
(1) Classification system; content. (intro.) The department
of
17children and families, in consultation with the department of corrections, shall make
18available to all counties a juvenile classification system that includes at least all of
19the following:
SB804,103,2322
938.57
(1) (g) Upon request of the department
of corrections, provide service
23for any juvenile in the care of
that the department.
SB804,104,13
1938.57
(4) Aftercare supervision. A county department may provide aftercare
2supervision under s. 938.34 (4n) for juveniles who are released from juvenile
3correctional facilities or secured residential care centers for children and youth. If
4a county department intends to change its policy regarding whether the county
5department will provide aftercare supervision for juveniles released from juvenile
6correctional facilities or secured residential care centers for children and youth or the
7department
of corrections will provide community supervision for those juveniles,
8the county executive or county administrator, or, if the county has no county
9executive or county administrator, the chairperson of the county board of
10supervisors, or, for multicounty departments, the chairpersons of the county boards
11of supervisors jointly, shall submit a letter to the department
of corrections stating
12that intent before July 1 of the year preceding the year in which the policy change
13will take effect.
SB804,104,1816
938.78
(1) Definition. In this section, unless otherwise qualified, "agency"
17means the department of children and families,
the department of corrections, a
18county department, or a licensed child welfare agency.
SB804,105,1621
938.78
(3) Release of information when escape or absence; rules. If a juvenile
22adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
23of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
24or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
25or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26,
1941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04,
2943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055,
3948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped
4from a juvenile correctional facility, residential care center for children and youth,
5inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile
6portion of a county jail, or from the custody of a peace officer or a guard of such a
7facility, center, or jail, or has been allowed to leave a juvenile correctional facility,
8residential care center for children and youth, inpatient facility, juvenile detention
9facility, or juvenile portion of a county jail for a specified time period and is absent
10from the facility, center, home, or jail for more than 12 hours after the expiration of
11the specified period, the department
of corrections or county department, whichever
12has supervision over the juvenile, may release the juvenile's name and any
13information about the juvenile that is necessary for the protection of the public or to
14secure the juvenile's return to the facility, center, home, or jail. The department
of
15corrections shall promulgate rules establishing guidelines for the release of the
16juvenile's name or information about the juvenile to the public.