AB465: Bill Text

AB465,72,9 938.357 (4) (a) When the juvenile is placed with the department of corrections, that, the department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, that the department shall reimburse the child welfare agency at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth remains under the supervision of the department of corrections, remains subject to the rules and discipline of that the department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB465,250 Section 250. 938.357 (4) (b) 1. of the statutes is amended to read:

AB465,72,17 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department of corrections and that the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department, without a hearing under sub. (1) (am) 2.

AB465,251 Section 251. 938.357 (4) (b) 2. of the statutes is amended to read:

AB465,73,10 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department of corrections, and that the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department of corrections, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 49.343, and that child welfare agency shall reimburse the department of corrections at the rate specified in s. 301.26 938.526 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.

AB465,252 Section 252. 938.357 (4) (b) 4. of the statutes is amended to read:

AB465,73,13 938.357 (4) (b) 4. A juvenile may seek review of a decision of the department of corrections under subd. 1. or 2. only by the common law writ of certiorari.

AB465,253 Section 253. 938.357 (4) (c) 1. of the statutes is amended to read:

AB465,73,23 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department of corrections, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department of corrections, in the manner provided in s. 49.343.

AB465,254 Section 254. 938.357 (4) (c) 2. of the statutes is amended to read:

AB465,74,13 938.357 (4) (c) 2. If a juvenile is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 residential care center for children and youth without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department of corrections, in the manner provided in s. 49.343.

AB465,255 Section 255. 938.357 (4) (c) 4. of the statutes is amended to read:

AB465,74,17 938.357 (4) (c) 4. A juvenile may seek review of a decision of the department of corrections or county department under subd. 1. or 2. only by the common law writ of certiorari.

AB465,256 Section 256. 938.357 (4g) (a) of the statutes, as affected by 2015 Wisconsin Act 55, section 4664bm, is amended to read:

AB465,75,4 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a juvenile correctional facility or a secured residential care center for children and youth, or within 30 days after the date on which the department of corrections requests the community supervision or aftercare plan, whichever is earlier, the community supervision or aftercare provider designated under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the juvenile. If the juvenile is to be placed on aftercare supervision, the county department designated as the aftercare provider shall submit the aftercare plan to the department of corrections within the applicable period specified in this paragraph, unless the department of corrections waives the period under par. (b).

AB465,257 Section 257. 938.357 (4g) (b) of the statutes, as affected by 2015 Wisconsin Act 55, section 4665bm, is amended to read:

AB465,75,15 938.357 (4g) (b) The department of corrections may waive the period within which a community supervision plan or aftercare plan must be prepared and submitted under par. (a) if that the department anticipates that the juvenile will remain in the juvenile correctional facility or secured residential care center for children and youth for a period exceeding 8 months or if the juvenile is subject to s. 938.183. If the department of corrections waives that period, the designated community supervision or aftercare provider shall prepare the community supervision or aftercare plan within 30 days after the date on which the department of corrections requests the community supervision or aftercare plan.

AB465,258 Section 258. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act 55, section 4671bm, is amended to read:

AB465,75,21 938.357 (4m) Release to community supervision or aftercare supervision. The department of corrections shall try to release a juvenile to community supervision or aftercare supervision under sub. (4) within 30 days after the date on which that the department determines the juvenile is eligible for the release.

AB465,259 Section 259. 938.357 (5) (a) of the statutes, as affected by 2015 Wisconsin Act 55, section 4673bm, is amended to read:

AB465,76,5 938.357 (5) (a) If a juvenile has been placed on community supervision, the department of corrections may revoke the community supervision status of that juvenile as provided in this subsection. If a juvenile has been placed on aftercare supervision, the county department that has been designated as a juvenile's aftercare provider may revoke the aftercare status of that juvenile as provided in this subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not required.

AB465,260 Section 260. 938.357 (5) (g) of the statutes, as affected by 2015 Wisconsin Act 55, section 4677bm, is amended to read:

AB465,76,13 938.357 (5) (g) The department of corrections shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's community supervision or aftercare status. The standards shall specify that the burden is on the department of corrections or county department seeking revocation to show by a preponderance of the evidence that the juvenile violated a condition of community supervision or aftercare supervision.

AB465,261 Section 261 . 938.357 (5m) (a) of the statutes is amended to read:

AB465,77,2 938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under s. 301.12 49.345 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 49.345 (14).

AB465,262 Section 262. 938.36 (1) (a) of the statutes is amended to read:

AB465,77,18 938.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a consent decree under s. 938.32, a disposition made under s. 938.183, 938.34, or 938.345, or a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under s. 46.215, 46.22 or 46.23, shall be determined under s. 301.12 49.345 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services, or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB465,263 Section 263. 938.36 (2) of the statutes is amended to read:

AB465,78,2 938.36 (2) Services or treatment; county payment; parental contribution. If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological, or psychiatric treatment by order of the court, the court may order the county to pay for those services or treatment. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 301.03 (18) 49.32 (1).

AB465,264 Section 264 . 938.363 (1) (c) of the statutes is amended to read:

AB465,78,13 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under s. 301.12 49.345 (14) (c).

AB465,265 Section 265. 938.363 (2) of the statutes is amended to read:

AB465,78,19 938.363 (2) Revision of support. If the court revises the amount of child support to be paid by a parent under the dispositional order for the care and maintenance of the parent's juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent under s. 301.12 49.345 (14).

AB465,266 Section 266. 938.38 (1) (a) of the statutes is amended to read:

AB465,78,22 938.38 (1) (a) “Agency" means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency.

AB465,267 Section 267. 938.396 (2g) (b) 1. of the statutes is amended to read:

AB465,79,6 938.396 (2g) (b) 1. Upon request of the department of corrections, the department of children and families, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356, and 1357, the court shall open those records for inspection and copying by authorized representatives of the requester. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested.

AB465,268 Section 268. 938.48 (intro.) of the statutes is repealed.

AB465,269 Section 269. 938.48 (1) of the statutes is repealed.

AB465,270 Section 270. 938.48 (3) of the statutes is renumbered 938.485 (7).

AB465,271 Section 271. 938.48 (4) of the statutes is renumbered 938.485 (8).

AB465,272 Section 272. 938.48 (4m) of the statutes is renumbered 938.485 (9).

AB465,273 Section 273. 938.48 (5) of the statutes is renumbered 938.485 (11).

AB465,274 Section 274. 938.48 (6) of the statutes is renumbered 938.485 (12).

AB465,275 Section 275. 938.48 (13) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.485 (13).

AB465,276 Section 276. 938.48 (14) of the statutes is renumbered 938.485 (14) and amended to read:

AB465,79,25 938.485 (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) 20.437 (4) (ho) for persons who, when they attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial decision.

AB465,277 Section 277. 938.48 (16) of the statutes is repealed.

AB465,278 Section 278. 938.485 (1) of the statutes is amended to read:

AB465,80,9 938.485 (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of corrections, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.

AB465,279 Section 279. 938.485 (4) of the statutes is amended to read:

AB465,80,18 938.485 (4) Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.437 (1) (4) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

AB465,280 Section 280. 938.485 (5) of the statutes is amended to read:

AB465,80,22 938.485 (5) Standards for services. Establish Based on research into effective correctional programs and practices, establish and enforce standards for services under s. 938.183, 938.34, or 938.345, other than juvenile correctional services.

AB465,281 Section 281. 938.485 (10) (title) of the statutes is created to read:

AB465,80,24 938.485 (10) (title) Juveniles under department jurisdiction.

AB465,282 Section 282. 938.485 (18) of the statutes is created to read:

AB465,81,2 938.485 (18) Purchase of care and services. (a) Contract with public or voluntary agencies or others for the following purposes:

AB465,81,5 1. To purchase in full or in part care and services that the department is authorized by any statute to provide as an alternative to providing that care and those services itself.

AB465,81,9 2. To purchase or provide in full or in part the care and services that county agencies may provide or purchase under any statute and to sell to county agencies such portions of that care and those services as the county agency may desire to purchase.

AB465,81,11 3. To sell services, under contract, that the department is authorized to provide by statute, to any federally recognized tribal governing body.

AB465,283 Section 283. 938.49 (title) of the statutes is amended to read:

AB465,81,14 938.49 (title) Notification by court of placement with department of corrections; transfer of reports and records.

AB465,284 Section 284. 938.49 (1) of the statutes is amended to read:

AB465,81,22 938.49 (1) Notice to department of corrections of placement. When a court places a juvenile in a juvenile correctional facility or secured residential care center for children and youth under the supervision of the department of corrections, the court shall immediately notify that the department of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by that the department or deliver the juvenile to personnel of that the department.

AB465,285 Section 285. 938.49 (2) (intro.) of the statutes is amended to read:

AB465,82,2 938.49 (2) Transfer of court report and pupil records. (intro.) When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections, the court and all other public agencies shall immediately do all of the following:

AB465,286 Section 286. 938.49 (2) (a) of the statutes is amended to read:

AB465,82,6 938.49 (2) (a) Transfer to the department of corrections a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.

AB465,287 Section 287. 938.50 of the statutes, as affected by 2015 Wisconsin Act 55, section 4703bm, is amended to read:

AB465,82,22 938.50 Examination of juveniles under supervision of department [of corrections]. The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a) to determine the appropriate level of supervision and services based on the juvenile's risks and needs. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

AB465,288 Section 288. 938.505 (1) of the statutes is amended to read:

AB465,83,8 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county department under s. 938.34 (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB465,289 Section 289. 938.505 (2) (a) (intro.) of the statutes is amended to read:

AB465,83,23 938.505 (2) (a) (intro.) If a juvenile 14 years of age or older is under the supervision of the department of corrections or a county department as described in sub. (1), is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department of corrections or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department of corrections or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

AB465,290 Section 290. 938.505 (2) (b) of the statutes is amended to read:

AB465,84,4 938.505 (2) (b) The court may, at the request of the department of corrections or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition. The hearing shall be held within that 10-day period.

AB465,291 Section 291. 938.51 (1) (intro.) of the statutes is amended to read:

AB465,84,13 938.51 (1) Release from secured facility or supervision. (intro.) At least 15 days prior to the date of release from a juvenile correctional facility or a secured residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department of corrections or a county department of a juvenile who has been adjudicated delinquent, the department of corrections or county department, whichever has supervision over the juvenile, shall make a reasonable attempt to do all of the following:

AB465,292 Section 292. 938.51 (1d) (intro.) of the statutes is amended to read:

AB465,84,25 938.51 (1d) Release from nonsecured residential care center. (intro.) At least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has either been adjudicated delinquent under s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and at least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has been found to be in need of protection or services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department of corrections or county department, whichever has supervision over the juvenile, shall notify all of the following persons of the juvenile's release:

AB465,293 Section 293. 938.51 (1m) of the statutes, as affected by 2015 Wisconsin Act 55, section 4704bm, is amended to read:

AB465,85,12 938.51 (1m) Notification of local agencies. The department of corrections or county department, whichever has supervision over a juvenile described in sub. (1), shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's community supervision plan or aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department of corrections or county department, the community in which the juvenile states that he or she intends to reside.

AB465,294 Section 294. 938.51 (2) of the statutes is amended to read:

AB465,86,7 938.51 (2) Notification request cards. The department of corrections shall design and prepare cards for any person specified in sub. (1) (b), (c), (cm), or (d) to send to the department of corrections or county department, whichever has supervision over a juvenile described in sub. (1), (1d), or (1g). The cards shall have space for the person's name, telephone number and mailing address, the name of the applicable juvenile, and any other information that the department of corrections determines is necessary. The cards shall advise a victim who is under 18 years of age that he or she may complete a card requesting notification under sub. (1) (b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age and advising the parent or guardian of a victim who is under 18 years of age that the parent or guardian may authorize on the card direct notification of the victim under sub. (1) (b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age. The department of corrections shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b) to (d). These persons may send completed cards to the department of corrections or county department, whichever has supervision over the juvenile. Department of corrections and county department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

AB465,295 Section 295. 938.51 (3) of the statutes is amended to read:

AB465,86,13 938.51 (3) Release not affected by failure to notify. Timely release of a juvenile specified in sub. (1), (1d), or (1g) shall not be prejudiced by the fact that the department of corrections or county department, whichever has supervision over the juvenile, did not provide notification as required under sub. (1), (1d), or (1g), whichever is applicable.

AB465,296 Section 296. 938.51 (4) (intro.) of the statutes is amended to read:

AB465,87,2 938.51 (4) Notification if escape or absence. (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, home, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified period of time and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department of corrections or county department, whichever has supervision over the juvenile, discovers the escape or absence, the department of corrections or county department shall make a reasonable attempt to notify by telephone all of the following persons: