AB465,94,313
938.538
(4) Institutional status. (a) A participant in the program under this
14section is under the supervision and control of the department
of corrections, is
15subject to the rules and discipline of
that the department, and is considered to be in
16custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a
17participant violates a condition of his or her participation in the program under sub.
18(3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department
19of corrections may, without a hearing, take the participant into custody and return
20him or her to placement in a Type 1 juvenile correctional facility or a secured
21residential care center for children and youth. Any intentional failure of a
22participant to remain within the extended limits of his or her placement while
23participating in the serious juvenile offender program or to return within the time
24prescribed by the administrator of the division of intensive sanctions in the
25department
of corrections is considered an escape under s. 946.42 (3) (c). This
1paragraph does not preclude a juvenile who has violated a condition of the juvenile's
2participation in the program under sub. (3) (a) 2. to 9. from being taken into and held
3in custody under ss. 938.19 to 938.21.
AB465,94,154
(b) The department
of corrections shall operate the component phases of the
5program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The
6secretary of
corrections children and families may allocate and reallocate existing
7and future facilities as part of the Type 2 juvenile correctional facility. The Type 2
8juvenile correctional facility is subject to
s. 301.02 the governance of the department.
9Construction or establishment of a Type 2 juvenile correctional facility shall be in
10compliance with all state laws except s. 32.035 and ch. 91. In addition to the
11exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile
12correctional facility is not subject to the ordinances or regulations relating to zoning,
13including zoning under ch. 91, of the county and city, village, or town in which the
14construction or establishment takes place and is exempt from inspections required
15under s.
301.36 938.226.
AB465,94,2318
938.538
(5) (a) The office of juvenile offender review in the division of juvenile
19corrections in the department
of corrections may release a participant to community
20supervision under s.
301.03 938.485 (10) (d) at any time after the participant has
21completed 2 years of participation in the serious juvenile offender program.
22Community supervision of the participant shall be provided by the department
of
23corrections.
AB465,315
24Section
315. 938.538 (5) (b) of the statutes is amended to read:
AB465,95,4
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.
AB465,316
5Section
316. 938.538 (6) of the statutes is amended to read:
AB465,95,116
938.538
(6) Purchase of services. The department
of corrections may contract
7with the department of health services,
the department of children and families, a
8county department, or any public or private agency for the purchase of goods, care,
9and services for participants in the program under this section. The department
of
10corrections shall reimburse a person from whom it purchases goods, care, or services
11under this subsection from the appropriation under s.
20.410 (3) 20.437 (4) (cg).
AB465,317
12Section
317. 938.538 (7) of the statutes is amended to read:
AB465,95,1413
938.538
(7) Rules. The department
of corrections shall promulgate rules to
14implement this section.
AB465,318
15Section
318. 938.539 (2) of the statutes is amended to read:
AB465,95,2116
938.539
(2) Type 2 juvenile correctional facility; department of corrections
17control. A juvenile who is placed in a Type 2 juvenile correctional facility under s.
18938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive
19placement under s. 938.357 (4) (c) is under the supervision and control of the
20department
of corrections, is subject to the rules and discipline of
that the 21department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB465,319
22Section
319. 938.539 (6) of the statutes is amended to read:
AB465,95,2423
938.539
(6) Rule-making. The department
of corrections shall promulgate
24rules to implement this section.
AB465,320
1Section
320. 938.54 of the statutes is renumbered 938.54 (1) and amended to
2read:
AB465,96,93
938.54
(1) Records generally. The department
of corrections shall keep a
4complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h),
5(4m), or (4n) or 938.357 (4). This record shall include the information received from
6the court, the date of reception, all available data on the personal and family history
7of the juvenile, the results of all tests and examinations given the juvenile, and a
8complete history of all placements of the juvenile while under the supervision of the
9department
of corrections.
AB465,321
10Section
321. 938.549 (1) (intro.) of the statutes is amended to read:
AB465,96,1411
938.549
(1) Classification system; content. (intro.) The department
of
12children and families, in consultation with the department of corrections, shall make
13available to all counties a juvenile classification system that includes at least all of
14the following:
AB465,322
15Section
322. 938.57 (1) (g) of the statutes is amended to read:
AB465,96,1716
938.57
(1) (g) Upon request of the department
of corrections, provide service
17for any juvenile in the care of
that the department.
AB465,97,720
938.57
(4) Aftercare supervision. A county department may provide aftercare
21supervision under s. 938.34 (4n) for juveniles who are released from juvenile
22correctional facilities or secured residential care centers for children and youth. If
23a county department intends to change its policy regarding whether the county
24department will provide aftercare supervision for juveniles released from juvenile
25correctional facilities or secured residential care centers for children and youth or the
1department
of corrections will provide community supervision for those juveniles,
2the county executive or county administrator, or, if the county has no county
3executive or county administrator, the chairperson of the county board of
4supervisors, or, for multicounty departments, the chairpersons of the county boards
5of supervisors jointly, shall submit a letter to the department
of corrections stating
6that intent before July 1 of the year preceding the year in which the policy change
7will take effect.
AB465,324
8Section
324. 938.78 (1) of the statutes is amended to read:
AB465,97,119
938.78
(1) Definition. In this section, unless otherwise qualified, “agency"
10means the department of children and families,
the department of corrections, a
11county department, or a licensed child welfare agency.
AB465,325
12Section
325. 938.78 (3) of the statutes is amended to read:
AB465,98,813
938.78
(3) Release of information when escape or absence; rules. If a juvenile
14adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
15of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats.,
16or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats.,
17or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26,
18941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04,
19943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055,
20948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped
21from a juvenile correctional facility, residential care center for children and youth,
22inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile
23portion of a county jail, or from the custody of a peace officer or a guard of such a
24facility, center, or jail, or has been allowed to leave a juvenile correctional facility,
25residential care center for children and youth, inpatient facility, juvenile detention
1facility, or juvenile portion of a county jail for a specified time period and is absent
2from the facility, center, home, or jail for more than 12 hours after the expiration of
3the specified period, the department
of corrections or county department, whichever
4has supervision over the juvenile, may release the juvenile's name and any
5information about the juvenile that is necessary for the protection of the public or to
6secure the juvenile's return to the facility, center, home, or jail. The department
of
7corrections shall promulgate rules establishing guidelines for the release of the
8juvenile's name or information about the juvenile to the public.
AB465,326
9Section
326.
Nonstatutory provisions.
AB465,98,1010
(1)
Transfer of juvenile correctional services.
AB465,98,1411
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
12liabilities of the department of corrections that are primarily related to the provision
13of juvenile correctional services, as determined by the secretary of administration,
14shall become the assets and liabilities of the department of children and families.
AB465,98,1915
(b)
Positions and employees. On the effective date of this paragraph, all
16positions and all incumbent employees holding those positions in the department of
17corrections performing duties that are primarily related to the provision of juvenile
18correctional services, as determined by the secretary of administration, are
19transferred to the department of children and families.
AB465,98,2520
(c)
Employee status. Employees transferred under paragraph (b
) have all the
21rights and the same status under subchapter V of chapter 111 and chapter 230 of the
22statutes in the department of children and families that they enjoyed in the
23department of corrections immediately before the transfer. Notwithstanding section
24230.28 (4) of the statutes, no employee so transferred who has attained permanent
25status in class is required to serve a probationary period.
AB465,99,5
1(d)
Tangible personal property. On the effective date of this paragraph, all
2tangible personal property, including records, of the department of corrections that
3is primarily related to the provision of juvenile correctional services, as determined
4by the secretary of administration, is transferred to the department of children and
5families.
AB465,99,126
(e)
Pending matters. Any matter pending with the department of corrections
7on the effective date of this paragraph that is primarily related to the provision of
8juvenile correctional services, as determined by the secretary of administration, is
9transferred to the department of children and families. All materials submitted to
10or actions taken by the department of corrections with respect to the pending matter
11are considered as having been submitted to or taken by the department of children
12and families.
AB465,99,1913
(f)
Contracts. All contracts entered into by the department of corrections in
14effect on the effective date of this paragraph that are primarily related to the
15provision of juvenile correctional services, as determined by the secretary of
16administration, remain in effect and are transferred to the department of children
17and families. The department of children and families shall carry out any obligations
18under those contracts unless modified or rescinded by the department of children
19and families to the extent allowed under the contract.
AB465,99,2520
(g)
Rules and orders. All rules promulgated by the department of corrections
21in effect on the effective date of this paragraph that are primarily related to the
22provision of juvenile correctional services, as determined by the secretary of
23administration, remain in effect until their specified expiration dates or until
24amended or repealed by the department of children and families. All orders issued
25by the department of corrections in effect on the effective date of this paragraph that
1are primarily related to the provision of juvenile correctional services, as determined
2by the secretary of administration, remain in effect until their specified expiration
3dates or until modified or rescinded by the department of children and families.
AB465,100,75
(1)
Transfer of juvenile correctional services. This act takes effect on the
6first day of the 6th month beginning after publication, or on the 2nd day after
7publication of the 2017 biennial budget act, whichever is later.