AB953-ASA1,30,224
938.34
(4m) Correctional placement. (intro.) Place the juvenile in a juvenile
25correctional facility or a secured residential care center for children and youth under
1the supervision of the
county department or the department of corrections if all of the
2following apply:
AB953-ASA1,62
3Section 62
. 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin
4Act .... (this act), is amended to read:
AB953-ASA1,30,85
938.34
(4m) Correctional placement. (intro.) Place the juvenile in a
juvenile
6correctional facility or a secured residential care center for children and youth under
7the supervision of the county department
or the department of corrections if all of the
8following apply:
AB953-ASA1,63
9Section 63
. 938.34 (4n) (intro.) of the statutes is amended to read:
AB953-ASA1,30,2310
938.34
(4n) Community supervision or aftercare supervision. (intro.)
In the
11case of a juvenile who has received a correctional placement under sub. (4m),
12designate the county department to provide aftercare supervision for the juvenile
13following the juvenile's release from a secured residential care center for children
14and youth or Type 1 juvenile correctional facility. In the case of a juvenile who has
15been placed in a juvenile correctional facility or a secured residential care center for
16children and youth
under the supervision of the department of corrections, designate
17the department of corrections to provide community supervision for the juvenile
18following the juvenile's release from that facility or center or, subject to any
19arrangement between the department of corrections and a county department
20regarding the provision of aftercare supervision for juveniles who have been released
21from a juvenile correctional facility or a secured residential care center for children
22and youth, designate one of the following to provide aftercare supervision for the
23juvenile following the juvenile's release from that facility or center:
AB953-ASA1,64
24Section
64. 938.357 (1) (am) 1. of the statutes is amended to read:
AB953-ASA1,31,18
1938.357
(1) (am) 1. Except as provided in par. (c), the person or agency
2primarily responsible for implementing the dispositional order, the district attorney,
3or the corporation counsel may request a change in placement under this subsection
4by causing written notice of the proposed change in placement to be sent to the
5juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal
6custodian of the juvenile, and any foster parent or other physical custodian described
7in s. 48.62 (2) of the juvenile.
If the request is for a change in placement under sub.
8(3), notice shall be sent to the entity that operates the secured residential care center
9for children and youth or Type 1 juvenile correctional facility where placement is
10proposed. If the juvenile is an Indian juvenile who has been removed from the home
11of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written
12notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The
13notice shall contain the name and address of the new placement, the reasons for the
14change in placement, a statement describing why the new placement is preferable
15to the present placement, and a statement of how the new placement satisfies
16objectives of the treatment plan or permanency plan ordered by the court. The
17person sending the notice shall file the notice with the court on the same day that the
18notice is sent.
AB953-ASA1,65
19Section 65
. 938.357 (3) of the statutes is renumbered 938.357 (3) (a) and
20amended to read:
AB953-ASA1,32,721
938.357
(3) (a) Subject to subs. (4) (b)
and, (c)
, and (d), and (5) (e), if the proposed
22change in placement would involve placing a juvenile in a juvenile correctional
23facility or a secured residential care center for children and youth, notice shall be
24given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the
25juvenile, parent, guardian, and legal custodian, before the court makes a decision on
1the request. The juvenile is entitled to counsel at the hearing, and any party
2opposing or favoring the proposed new placement may present relevant evidence and
3cross-examine witnesses.
The department of corrections shall have the opportunity
4to object to a change of placement of a juvenile from a secured residential care center
5for children and youth to a Type 1 juvenile correctional facility under par. (b). The
6proposed new placement may be approved only if the court finds, on the record, that
7the conditions set forth in s. 938.34 (4m)
(a) and (b) have been met.
AB953-ASA1,66
8Section 66
. 938.357 (3) (b), (c) and (d) of the statutes are created to read:
AB953-ASA1,32,139
938.357
(3) (b) Notwithstanding s. 938.34 (4m) and subject to par. (c), the court
10may order placement in a Type 1 juvenile correctional facility under supervision of
11the department of corrections for a juvenile who was adjudicated delinquent under
12s. 938.34 (4m) if the court finds, after a hearing under this section, that any of the
13following apply:
AB953-ASA1,32,1514
1. The juvenile is placed at a secured residential care center for children and
15youth and all of the following apply:
AB953-ASA1,32,1716
a. The secured residential care center for children and youth where the juvenile
17is placed is not able to meet the juvenile's treatment needs.
AB953-ASA1,32,2018
b. The programming available at the proposed Type 1 juvenile correctional
19facility as of the date of the hearing is able to meet the treatment needs of the
20juvenile.
AB953-ASA1,32,2221
c. No other secured residential care center for children and youth is willing and
22able to meet the juvenile's treatment needs.
AB953-ASA1,33,223
2. The county department does not have space for the juvenile in its secured
24residential care center for children and youth and no other secured residential care
1center for children and youth is willing and able to meet the juvenile's treatment
2needs.
AB953-ASA1,33,53
(c) Upon the recommendation of the department of health services, the court
4may order the placement of a juvenile under par. (b) at the Mendota juvenile
5treatment center.
AB953-ASA1,33,116
(d) A juvenile who is placed in a Type 1 juvenile correctional facility under par.
7(b) or (c) is the financial responsibility of the county department of the county where
8the juvenile was adjudicated delinquent and that county department shall
9reimburse the department of corrections at the rate specified under s. 301.26 (4) (d)
102. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a
11Type 1 juvenile correctional facility.
AB953-ASA1,67
12Section 67
. 938.357 (4) (title) of the statutes is repealed and recreated to read:
AB953-ASA1,33,1313
938.357
(4) (title)
Change in placement without a hearing.
AB953-ASA1,68
14Section 68
. 938.357 (4) (a) of the statutes is renumbered 938.357 (4) (am) and
15amended to read:
AB953-ASA1,34,1016
938.357
(4) (am) When the juvenile is placed with the department of
17corrections, that department may, after an examination under s. 938.50, place the
18juvenile in a juvenile correctional facility or
, with the consent of the operating entity, 19a secured residential care center for children and youth or on community supervision
20or aftercare supervision, either immediately or after a period of placement in a
21juvenile correctional facility or a secured residential care center for children and
22youth. The department of corrections shall send written notice of the change in
23placement to the parent, guardian, legal custodian, county department designated
24under s. 938.34 (4n), if any, and committing court. If the department of corrections
25places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare
1agency, that department shall reimburse the child welfare agency at the rate
2established under s. 49.343 that is applicable to the type of placement that the child
3welfare agency is providing for the juvenile.
If the department of corrections places
4a juvenile in a secured residential care center for children and youth under this
5paragraph, the department of corrections shall contract with the operating entity for
6the care and services provided under s. 301.08. A juvenile who is placed in a Type 2
7juvenile correctional facility or a secured residential care center for children and
8youth
under this paragraph remains under the supervision of the department of
9corrections, remains subject to the rules and discipline of that department, and is
10considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,69
11Section 69
. 938.357 (4) (ab) of the statutes is created to read:
AB953-ASA1,34,1412
938.357
(4) (ab) In this subsection, “operating entity” means the county
13department, the Indian tribe, or the child welfare agency, whichever entity operates
14a secured residential care center for children and youth.
AB953-ASA1,70
15Section 70
. 938.357 (4) (am) of the statutes, as affected by 2017 Wisconsin Act
16.... (this act), is amended to read:
AB953-ASA1,35,1117
938.357
(4) (am) When the juvenile is placed with the department of
18corrections, that department may, after an examination under s. 938.50, place the
19juvenile in a juvenile correctional facility or, with the consent of the operating entity,
20a secured residential care center for children and youth or on community supervision
21or aftercare supervision, either immediately or after a period of placement in a
22juvenile correctional facility or a secured residential care center for children and
23youth. The department of corrections shall send written notice of the change in
24placement to the parent, guardian, legal custodian, county department designated
25under s. 938.34 (4n), if any, and committing court. If the department of corrections
1places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare
2agency, that department shall reimburse the child welfare agency at the rate
3established under s. 49.343 that is applicable to the type of placement that the child
4welfare agency is providing for the juvenile. If the department of corrections places
5a juvenile in a secured residential care center for children and youth under this
6paragraph, the department of corrections shall contract with the operating entity for
7the care and services provided under s. 301.09. A juvenile who is placed in a Type 2
8juvenile correctional facility or a secured residential care center for children and
9youth under this paragraph remains under the supervision of the department of
10corrections, remains subject to the rules and discipline of that department, and is
11considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,71
12Section 71
. 938.357 (4) (b) 1. of the statutes is amended to read:
AB953-ASA1,35,2113
938.357
(4) (b) 1. If a juvenile whom the department of corrections has placed
14in a Type 2 juvenile correctional facility operated by a child welfare agency violates
15a condition of his or her placement in the Type 2 juvenile correctional facility, the
16child welfare agency operating the Type 2 juvenile correctional facility shall notify
17the department of corrections and that department, after consulting with the child
18welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
or,
19with the consent of the operating entity, a secured residential care center for children
20and youth, a under the supervision of the department, without a hearing under sub.
21(1) (am) 2.
AB953-ASA1,72
22Section
72. 938.357 (4) (b) 2. of the statutes is amended to read:
AB953-ASA1,36,1523
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 county 5department, after consulting with the child welfare agency, may place the juvenile
6in a
Type 1 juvenile correctional facility under the supervision of the department of
7corrections secured residential care center for children and youth, without a hearing
8under sub. (1) (am) 2., for not more than 10 days.
If a juvenile is placed in a Type 1
9juvenile correctional facility under this subdivision, the county department that has
10supervision over the juvenile shall reimburse the child welfare agency operating the
11Type 2 residential care center for children and youth in which the juvenile was
12placed at the rate established under s. 49.343, and that child welfare agency shall
13reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2.
14or 3., whichever is applicable, for the cost of the juvenile's care while placed in a
15Type 1 juvenile correctional facility.
AB953-ASA1,73
16Section
73. 938.357 (4) (b) 4. of the statutes is amended to read:
AB953-ASA1,36,1917
938.357
(4) (b) 4. A juvenile may seek review of a decision of the department
18of corrections
or the county department under subd. 1. or 2. only by the common law
19writ of certiorari.
AB953-ASA1,74
20Section 74
. 938.357 (4) (c) 1. of the statutes is amended to read:
AB953-ASA1,37,421
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)
(am) and it appears that a less
23restrictive placement would be appropriate for the juvenile, the department of
24corrections, after consulting with the child welfare agency that is operating the
25Type 2 juvenile correctional facility, may place the juvenile in a less restrictive
1placement, and may return the juvenile to the Type 2 juvenile correctional facility
2without a hearing under sub. (1) (am) 2. The rate for each type of placement shall
3be established by the department of children and families, in consultation with the
4department of corrections, in the manner provided in s. 49.343.
AB953-ASA1,75
5Section 75
. 938.357 (4) (d) of the statutes is created to read:
AB953-ASA1,37,226
938.357
(4) (d) 1. If a juvenile under the supervision of the department of
7corrections is placed in a secured residential care center for children and youth and
8that secured residential care center for children and youth is unable to meet the
9treatment needs of the juvenile, the operating entity shall notify the department of
10corrections and the department of corrections, after consulting with the operating
11entity, may place the juvenile in a secured residential care center for children and
12youth that is able to meet the treatment needs of the juvenile without a hearing
13under sub. (1) (am) 2. if the receiving operating entity agrees. The department of
14corrections shall send written notice of the change in placement to the parent,
15guardian, legal custodian, county department designated under s. 938.34 (4n), if any,
16and committing court. If the department of corrections places a juvenile in a secured
17residential care center for children and youth under this subdivision, the department
18of corrections shall contract with the operating entity for the care and services
19provided under s. 301.08. A juvenile who is placed in a secured residential care
20center for children and youth under this subdivision remains under the supervision
21of the department of corrections, remains subject to the rules and discipline of that
22department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,38,1423
2. If a juvenile under the supervision of a county department is placed in a
24secured residential care center for children and youth and that secured residential
25care center for children and youth is unable to meet the treatment needs of the
1juvenile, the supervising county department, after consulting with the operating
2entity, may transfer the juvenile to a different secured residential care center for
3children and youth that is able to meet the treatment needs of the juvenile and offers
4more appropriate care and services without a hearing under sub. (1) (am) 2. if the
5receiving operating entity agrees. The supervising county department shall send
6written notice of the change in placement to the parent, guardian, legal custodian,
7county department designated under s. 938.34 (4n), if any, and committing court. If
8a county department places a juvenile in a secured residential care center for
9children and youth under this subdivision, the county department shall contract
10with the operating entity for the care and services provided. If a county department
11places a juvenile in a secured residential care center for children and youth under
12this subdivision, the juvenile remains under the supervision of the placing county
13department, remains subject to the rules and discipline of that county department,
14and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,38,1615
3. A juvenile may seek review of a decision by the department of corrections or
16county department under subd. 1. or 2. only by the common law writ of certiorari.
AB953-ASA1,76
17Section
76. 938.357 (4m) of the statutes is amended to read:
AB953-ASA1,38,2318
938.357
(4m) Release to community supervision or aftercare supervision. 19The department of corrections shall try to release a juvenile to community
20supervision
or and the county department with supervision of a juvenile shall try to
21release the juvenile to aftercare supervision under sub. (4) within 30 days after the
22date on which
that the department
of corrections or county department determines
23the juvenile is eligible for the release.
AB953-ASA1,77
24Section 77
. 938.48 (3) of the statutes is amended to read:
AB953-ASA1,39,6
1938.48
(3) Supervision and special treatment or care. Accept supervision over
2juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n),
3or 938.357
(3) or (4), and provide special treatment or care to juveniles when directed
4by the court. Except as provided in s. 938.505 (2), a court may not direct the
5department to administer psychotropic medications to juveniles who receive special
6treatment or care under this subsection.
AB953-ASA1,78
7Section 78
. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act ....
8(this act), is amended to read:
AB953-ASA1,39,149
938.48
(3) Supervision and special treatment or care. Accept supervision over
10juveniles transferred to it by the court under s. 938.183, 938.34 (4h)
, (4m), or (4n),
11or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed
12by the court. Except as provided in s. 938.505 (2), a court may not direct the
13department to administer psychotropic medications to juveniles who receive special
14treatment or care under this subsection.
AB953-ASA1,79
15Section 79
. 938.48 (4) of the statutes is amended to read:
AB953-ASA1,40,416
938.48
(4) Care, training, and placement. Provide appropriate care and
17training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
18(4n), or 938.357
(3) or (4), including serving those juveniles in their own homes,
19placing them in licensed foster homes or licensed group homes under s. 48.63 or in
20independent living situations as provided in s. 938.34 (3) (e), contracting for their
21care by licensed child welfare agencies, or replacing them in juvenile correctional
22facilities or secured residential care centers for children and youth in accordance
23with rules promulgated under ch. 227, except that the department may not purchase
24the educational component of private day treatment programs for a juvenile in its
25custody unless the department, the school board, as defined in s. 115.001 (7), and the
1state superintendent of public instruction all determine that an appropriate public
2education program is not available for the juvenile. Disputes between the
3department and the school district shall be resolved by the state superintendent of
4public instruction.
AB953-ASA1,80
5Section 80
. 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act ....
6(this act), is amended to read:
AB953-ASA1,40,207
938.48
(4) Care, training, and placement. Provide appropriate care and
8training for juveniles under its supervision under s. 938.183, 938.34 (4h)
, (4m), or
9(4n), or 938.357 (3) or (4), including serving those juveniles in their own homes,
10placing them in licensed foster homes or licensed group homes under s. 48.63 or in
11independent living situations as provided in s. 938.34 (3) (e), contracting for their
12care by licensed child welfare agencies, or replacing them in juvenile correctional
13facilities or secured residential care centers for children and youth in accordance
14with rules promulgated under ch. 227, except that the department may not purchase
15the educational component of private day treatment programs for a juvenile in its
16custody unless the department, the school board, as defined in s. 115.001 (7), and the
17state superintendent of public instruction all determine that an appropriate public
18education program is not available for the juvenile. Disputes between the
19department and the school district shall be resolved by the state superintendent of
20public instruction.
AB953-ASA1,81
21Section 81
. 938.48 (4m) (b) of the statutes is amended to read:
AB953-ASA1,40,2322
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
23938.34 (4h), (4m) or (4n) or 938.357
(3) or (4) when the person reached 17 years of age.
AB953-ASA1,82
24Section 82
. 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act
25.... (this act), is amended to read:
AB953-ASA1,41,2
1938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
2938.34 (4h)
, (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
AB953-ASA1,83
3Section 83
. 938.48 (5) of the statutes is amended to read:
AB953-ASA1,41,74
938.48
(5) Moral and religious training. Provide for the moral and religious
5training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or
6(4n), or 938.357
(3) or (4) according to the religious beliefs of the juvenile or of the
7juvenile's parents.
AB953-ASA1,84
8Section 84
. 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act ....
9(this act), is amended to read:
AB953-ASA1,41,1310
938.48
(5) Moral and religious training. Provide for the moral and religious
11training of a juvenile under its supervision under s. 938.183, 938.34 (4h)
, (4m), or
12(4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the
13juvenile's parents.
AB953-ASA1,85
14Section 85
. 938.48 (6) of the statutes is amended to read:
AB953-ASA1,41,2015
938.48
(6) Emergency surgery. Consent to emergency surgery under the
16direction of a licensed physician or surgeon for any juvenile under its supervision
17under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) upon notification by
18a licensed physician or surgeon of the need for the surgery and if reasonable effort,
19compatible with the nature and time limitation of the emergency, has been made to
20secure the consent of the juvenile's parent or guardian.
AB953-ASA1,86
21Section 86
. 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act ....
22(this act), is amended to read:
AB953-ASA1,42,323
938.48
(6) Emergency surgery. Consent to emergency surgery under the
24direction of a licensed physician or surgeon for any juvenile under its supervision
25under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) upon notification by
1a licensed physician or surgeon of the need for the surgery and if reasonable effort,
2compatible with the nature and time limitation of the emergency, has been made to
3secure the consent of the juvenile's parent or guardian.
AB953-ASA1,87
4Section 87
. 938.48 (14) of the statutes is amended to read:
AB953-ASA1,42,125
938.48
(14) School-related expenses for juveniles over 17. Pay
6maintenance, tuition, and related expenses from the appropriation under s. 20.410
7(3) (ho) for persons who, when they attained 17 years of age, were students regularly
8attending a school, college, or university or regularly attending a course of vocational
9or technical training designed to prepare them for gainful employment, and who
10upon attaining that age were under the supervision of the department under s.
11938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) as a result of a judicial
12decision.
AB953-ASA1,88
13Section 88
. 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act ....
14(this act), is amended to read:
AB953-ASA1,42,2215
938.48
(14) School-related expenses for juveniles over 17. Pay
16maintenance, tuition, and related expenses from the appropriation under s. 20.410
17(3) (ho) for persons who, when they attained 17 years of age, were students regularly
18attending a school, college, or university or regularly attending a course of vocational
19or technical training designed to prepare them for gainful employment, and who
20upon attaining that age were under the supervision of the department under s.
21938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial
22decision.
AB953-ASA1,89
23Section 89
. 938.48 (16) of the statutes is renumbered 938.48 (16) (a).
AB953-ASA1,90
24Section 90
. 938.48 (16) (b) of the statutes is created to read:
AB953-ASA1,43,8
1938.48
(16) (b) Promulgate rules governing services and programming for
2juveniles in a secured residential care center for children and youth. The department
3shall include uniform data reporting standards for counties or Indian tribes that
4operate or contract with a child welfare agency for a secured residential care center
5for children and youth in rules promulgated under this paragraph. The department
6shall base the rules it promulgates under this paragraph on the recommendations
7provided by the juvenile corrections study committee under 2017 Wisconsin Act ....
8(this act), section 110 (6) (c
) 1.
AB953-ASA1,91
9Section
91. 938.49 (title) of the statutes is amended to read:
AB953-ASA1,43,12
10938.49 (title)
Notification by court of placement with a county
11department or the department of corrections; transfer of reports and
12records.
AB953-ASA1,92
13Section
92. 938.49 (1) of the statutes is amended to read:
AB953-ASA1,43,2314
938.49
(1) Notice to county department or department of corrections of
15placement. When a court places a juvenile in a juvenile correctional facility
under
16the supervision of a county department or the department of corrections or
a secured
17residential care center for children and youth under the supervision of
the
18department of corrections a county department, the court shall immediately notify
19that the county department or the department
of corrections of that action. The court
20shall, in accordance with procedures established by the department of corrections,
21provide transportation for the juvenile to a receiving center designated by
that the
22county department or the department
of corrections or deliver the juvenile to
23personnel of
that the county department or the department
of corrections.
AB953-ASA1,93
24Section
93. 938.49 (2) (intro.) of the statutes is amended to read:
AB953-ASA1,44,5
1938.49
(2) Transfer of court report and pupil records. (intro.) When a court
2places a juvenile in a juvenile correctional facility or a secured residential care center
3for children and youth under the supervision of the department of corrections
or a
4county department, the court and all other public agencies shall immediately do all
5of the following:
AB953-ASA1,94
6Section 94
. 938.49 (2) (a) of the statutes is amended to read:
AB953-ASA1,44,107
938.49
(2) (a) Transfer to the department of corrections
or the county
8department a copy of the report submitted to the court under s. 938.33 or, if the report
9was presented orally, a transcript of the report and all other pertinent data in their
10possession.
AB953-ASA1,95
11Section 95
. 938.505 (1) of the statutes is amended to read:
AB953-ASA1,44,2112
938.505
(1) Rights and duties of department of corrections or county
13department. When a juvenile is placed under the supervision of the department of
14corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
(3), (4)
, or (5) (e) or
15under the supervision of a county department under s. 938.34
(4m) or (4n), the
16department of corrections or county department, whichever has supervision over the
17juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
18the juvenile and to provide food, shelter, legal services, education, and ordinary
19medical and dental care for the juvenile, subject to the rights, duties, and
20responsibilities of the guardian of the juvenile and subject to any residual parental
21rights and responsibilities and the provisions of any court order.
AB953-ASA1,96
22Section 96
. 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act ....
23(this act), is amended to read:
AB953-ASA1,45,824
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 (3), (4), or (5) (e)
2or under the supervision of a county department under s. 938.34 (4m) or (4n), the
3department of corrections or county department, whichever has supervision over the
4juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
5the juvenile and to provide food, shelter, legal services, education, and ordinary
6medical and dental care for the juvenile, subject to the rights, duties, and
7responsibilities of the guardian of the juvenile and subject to any residual parental
8rights and responsibilities and the provisions of any court order.
AB953-ASA1,97
9Section 97
. 938.52 (2) (a) and (c) of the statutes are amended to read:
AB953-ASA1,45,1910
938.52
(2) (a) In addition to facilities and services under sub. (1), the
11department of corrections may use other facilities and services under its jurisdiction.
12The department of corrections may contract for and pay for the use of other public
13facilities or private facilities for the care and treatment of juveniles in its care.
14Placement of a juvenile in a private or public facility that is not under the jurisdiction
15of the department of corrections does not terminate that department's supervision
16over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4).
17Placements in institutions for persons with a mental illness or development
18disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
19and ch. 51.
AB953-ASA1,45,2220
(c) The department of corrections may inspect any facility it is using and
21examine and consult with persons under its supervision under s. 938.183, 938.34
22(4h), (4m), or (4n), or 938.357
(3) or (4) who have been placed in the facility.
AB953-ASA1,98
23Section 98
. 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin
24Act .... (this act), are amended to read:
AB953-ASA1,46,10
1938.52
(2) (a) In addition to facilities and services under sub. (1), the
2department of corrections may use other facilities and services under its jurisdiction.
3The department of corrections may contract for and pay for the use of other public
4facilities or private facilities for the care and treatment of juveniles in its care.
5Placement of a juvenile in a private or public facility that is not under the jurisdiction
6of the department of corrections does not terminate that department's supervision
7over the juvenile under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4).
8Placements in institutions for persons with a mental illness or development
9disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
10and ch. 51.
AB953-ASA1,46,1311
(c) The department of corrections may inspect any facility it is using and
12examine and consult with persons under its supervision under s. 938.183, 938.34
13(4h)
, (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB953-ASA1,99
14Section 99
. 938.53 of the statutes is amended to read:
AB953-ASA1,46,21
15938.53 Duration of control of department of corrections over
16delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
17who has been placed under the supervision of the department of corrections under
18s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) shall be discharged as soon
19as that department determines that there is a reasonable probability that
20departmental supervision is no longer necessary for the rehabilitation and
21treatment of the juvenile or for the protection of the public.
AB953-ASA1,100
22Section 100
. 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this
23act), is amended to read:
AB953-ASA1,47,5
24938.53 Duration of control of department of corrections over
25delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
1who has been placed under the supervision of the department of corrections under
2s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon
3as that department determines that there is a reasonable probability that
4departmental supervision is no longer necessary for the rehabilitation and
5treatment of the juvenile or for the protection of the public.