AB68: Bill Text

AB68,1679,18 6. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 5. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 5.

AB68,3223 Section 3223. 938.357 (3) (a) of the statutes is amended to read:

AB68,1680,8 938.357 (3) (a) Subject to subs. (4) (b), (c), and (d) and (5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The Under par. (b), the department of corrections shall have the opportunity to object to a change of placement of a juvenile from a secured residential care center for children and youth operated by a county, Indian tribe, or child welfare agency to a Type 1 juvenile correctional facility under par. (b) secured residential care center for children and youth operated by the department of corrections. The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met.

AB68,3224 Section 3224. 938.357 (3) (b) (intro.) of the statutes is amended to read:

AB68,1680,17 938.357 (3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c), the court may order placement in a Type 1 juvenile correctional facility operated by the department of corrections for a juvenile who was adjudicated delinquent under s. 938.34 (4m) If the proposed change in placement would involve placing a juvenile who is under the supervision of a county department under s. 938.34 (4m) in a secured residential care center for children and youth operated by the department of corrections, the court may order the placement only if the court finds, after a hearing under this section, that any of the following apply:

AB68,3225 Section 3225. 938.357 (3) (b) 1. b. of the statutes is amended to read:

AB68,1680,21 938.357 (3) (b) 1. b. The programming available at the proposed Type 1 juvenile correctional facility secured residential care center for children and youth as of the date of the hearing is able to meet the treatment needs of the juvenile.

AB68,3226 Section 3226. 938.357 (3) (c) of the statutes is amended to read:

AB68,1681,12 938.357 (3) (c) Notwithstanding s. 938.34 (4m), upon Upon the recommendation of the department of health services, the court may order the placement of a juvenile who was adjudicated delinquent placed under the supervision of a county department under s. 938.34 (4m) at the Mendota juvenile treatment center if par. (b) 1. a. to c. are met. A court may not order a placement under this paragraph at the Mendota juvenile treatment center that the department of health services has not approved. A juvenile under the supervision of a county in a secured residential care center for children and youth who is transferred to Mendota juvenile treatment center under this paragraph remains under the supervision of that county. The department of health services shall determine the date for the actual transfer of the juvenile to the Mendota juvenile treatment center, and no change of placement to the Mendota juvenile treatment center may be ordered without the prior agreement of the department of health services to admit the juvenile. No further hearing or court order is necessary for the department of health services to transfer the juvenile back to the custody of the county department.

AB68,3227 Section 3227 . 938.357 (3) (d) of the statutes is amended to read:

AB68,1682,2 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent. The county department shall reimburse the department of corrections at the rate specified by the department of corrections under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of a the juvenile's care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center in a placement under par. (b), and these payments shall be deposited in the appropriation account under s. 20.410 (3) (hm). The county department shall reimburse the department of health services at a rate specified by that department the department of health services for the cost of a the juvenile's care while placed at the Mendota juvenile treatment center in a placement under par. (c), and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

AB68,3228 Section 3228. 938.357 (3) (e) of the statutes is amended to read:

AB68,1682,10 938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) in a secured residential care center for children and youth operated by the department of corrections is under the supervision of the department of corrections. The change of placement order shall designate the department of corrections to provide community supervision or the county department to provide aftercare supervision for the juvenile following the juvenile's release from the Type 1 juvenile correctional facility secured residential care center for children and youth.

AB68,3229 Section 3229. 938.357 (4) (ab) of the statutes is renumbered 938.357 (4) (ab) (intro.) and amended to read:

AB68,1682,13 938.357 (4) (ab) (intro.) In this subsection, “ operating:

AB68,1682,16 1. “Operating entity” means the county department, the Indian tribe, or the child welfare agency, whichever entity operates a secured residential care center for children and youth.

AB68,3230 Section 3230. 938.357 (4) (ab) 2. of the statutes is created to read:

AB68,1682,20 938.357 (4) (ab) 2. “Secured residential care center for children and youth” does not include a secured residential care center for children and youth operated by the department of corrections.

AB68,3231 Section 3231. 938.357 (4) (am) of the statutes is amended to read:

AB68,1683,16 938.357 (4) (am) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or, with the consent of the operating entity, 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 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. If the department of corrections places a juvenile in a secured residential care center for children and youth under this paragraph, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.08. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB68,3232 Section 3232. 938.357 (4) (b) of the statutes is repealed.

AB68,3233 Section 3233. 938.357 (4) (c) of the statutes is repealed.

AB68,3234 Section 3234. 938.357 (4g) (title) of the statutes is amended to read:

AB68,1683,20 938.357 (4g) (title) Community supervision or aftercare Aftercare plan.

AB68,3235 Section 3235. 938.357 (4g) (a) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1684,7 938.357 (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 provider or the aftercare provider designated under s. 938.34 (4n) shall prepare a community supervision or an aftercare plan for the juvenile. If the juvenile is to be placed on aftercare supervision, the 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).

AB68,3236 Section 3236. 938.357 (4g) (b) of the statutes is amended to read:

AB68,1684,18 938.357 (4g) (b) The department of corrections may waive the period within which a community supervision plan or an aftercare plan must be prepared and submitted under par. (a) if that department the department of corrections 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.

AB68,3237 Section 3237. 938.357 (4g) (c) (intro.), 2., 3. and 4. of the statutes are amended to read:

AB68,1684,22 938.357 (4g) (c) (intro.) A community supervision or An aftercare plan shall include all of the following:

AB68,1684,24 2. The conditions, if any, under which the juvenile's community supervision or aftercare status may be revoked.

AB68,1685,2 3. Services or programming to be provided to the juvenile while on community supervision or aftercare supervision.

AB68,1685,4 4. The estimated length of time that community supervision and services or aftercare supervision and services shall be provided to the juvenile.

AB68,3238 Section 3238. 938.357 (4g) (d) of the statutes is amended to read:

AB68,1685,9 938.357 (4g) (d) A juvenile may be released from a juvenile correctional facility or a secured residential care center for children and youth whether or not a community supervision or an aftercare plan has been prepared under this subsection.

AB68,3239 Section 3239. 938.357 (4m) of the statutes is amended to read:

AB68,1685,16 938.357 (4m) Release to community supervision or aftercare supervision. The department of corrections shall try to release a juvenile to community supervision and the or the county department with supervision of a juvenile shall try to release the juvenile to aftercare supervision under sub. (4) within 30 days after the date on which the department of corrections or county department determines the juvenile is eligible for the release.

AB68,3240 Section 3240. 938.357 (5) (title) of the statutes is amended to read:

AB68,1685,19 938.357 (5) (title) Revocation of community supervision or aftercare supervision.

AB68,3241 Section 3241. 938.357 (5) (a) of the statutes is amended to read:

AB68,1686,2 938.357 (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.

AB68,3242 Section 3242. 938.357 (5) (b) of the statutes is amended to read:

AB68,1686,7 938.357 (5) (b) A juvenile on community supervision status may be taken into custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21 or 938.355 (6d) (b).

AB68,3243 Section 3243. 938.357 (5) (d) of the statutes is amended to read:

AB68,1686,14 938.357 (5) (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of a condition of the juvenile's community supervision or aftercare supervision. This period may be waived only upon the agreement of the community supervision or aftercare provider, the juvenile, and the juvenile's counsel.

AB68,3244 Section 3244. 938.357 (5) (e) of the statutes is amended to read:

AB68,1686,21 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of community supervision or aftercare supervision, the hearing examiner shall determine whether confinement in a juvenile correctional facility or a secured residential care center for children and youth is necessary to protect the public, to provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the violation.

AB68,3245 Section 3245. 938.357 (5) (g) of the statutes is amended to read:

AB68,1687,3 938.357 (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.

AB68,3246 Section 3246. 938.357 (5d) of the statutes is created to read:

AB68,1687,14 938.357 (5d) Revocation of extended juvenile probation and extended juvenile supervision. Notwithstanding ss. 973.10 (2) and 301.113 (9), if a juvenile who is subject to an extended juvenile disposition under ss. 938.34 (4p) and 938.369 (3) and is placed on extended juvenile probation or extended juvenile supervision violates a condition of probation or extended supervision, the department of corrections may initiate a revocation proceeding before the division of hearings and appeals in the department of administration. A hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation or extended supervision. An order entered under this subsection shall provide one of the following:

AB68,1687,19 (a) If extended juvenile probation is revoked, order the juvenile to confinement specified in the extended juvenile disposition. If the extended juvenile disposition did not specify a term of confinement, the order shall refer the matter to the court, which shall revise the extended juvenile disposition and order a term of confinement in accordance with s. 938.369 (3) (b) or (c).

AB68,1687,24 (b) If extended juvenile supervision is revoked, order the juvenile to be returned to extended juvenile confinement for the remainder of the extended juvenile disposition entered under s. 938.369 (3). A juvenile returned to confinement under this paragraph remains subject to the department of correction's authority to release the juvenile under s. 301.03 (10) (d) or to discharge the juvenile under s. 938.53.

AB68,3247 Section 3247 . 938.365 (5) (a) of the statutes is amended to read:

AB68,1688,5 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) or s. 938.34 (4h), 2019 stats., shall be for a specified length of time not to exceed one year after the date on which the order is granted.

AB68,3248 Section 3248 . 938.365 (5) (a) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1688,12 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4m), or (4n) or s. 938.34 (4d) or (4h), 2019 stats., shall be for a specified length of time not to exceed one year after the date on which the order is granted.

AB68,3249 Section 3249. 938.365 (7) of the statutes is amended to read:

AB68,1688,18 938.365 (7) Changes in placement and trial reunifications not permitted. Nothing in this section may be construed to allow any changes in placement, trial reunification, or revocation of community supervision or aftercare supervision. Revocation and other changes in placement may take place only under s. 938.357, and trial reunifications may take place only under s. 938.358.

AB68,3250 Section 3250. 938.369 of the statutes is created to read:

AB68,1688,24 938.369 Extended juvenile jurisdiction; extended disposition hearing. (1) Except as provided under sub. (6), no sooner than a juvenile's 18th birthday and no later than 90 days before the juvenile's 19th birthday, the court shall hold a hearing to determine whether to impose a stayed portion of a disposition entered under s. 938.34 (4p).

AB68,1689,5 (2) The court shall revise the dispositional order and remove the stayed portion of the disposition imposed under 938.34 (4p) unless the court finds by clear and convincing evidence that the disposition under 938.34 (4p) is necessary to protect public safety or for rehabilitation, considering the juvenile's risk and needs at the time of the hearing.

AB68,1689,8 (3) If the court imposes the stayed portion of the disposition under s. 938.34 (4p), the court shall determine the length of the extended juvenile disposition and impose one of the following extended juvenile dispositions:

AB68,1689,12 (a) Place the juvenile on extended juvenile probation under the supervision of the department of corrections on his or her 19th birthday. If the juvenile has been released to aftercare supervision under s. 938.34 (4n) on the date of the hearing, the court shall place the juvenile on probation under this paragraph.

AB68,1689,13 (b) Place the juvenile on extended juvenile confinement in a county jail.

AB68,1689,15 (c) Place the juvenile on extended juvenile confinement in prison followed by a term of extended juvenile supervision.

AB68,1689,19 (4) A disposition imposed under this subsection has the same force and effect as a criminal conviction and may not extend beyond the juvenile's 23rd birthday, or, if the underlying offense was a violation or attempted violation of s. 940.01, the juvenile's 25th birthday.

AB68,1689,21 (5) An extended juvenile disposition imposed under sub. (3) is not a bifurcated sentence under s. 973.01.

AB68,1689,25 (6) If the department of corrections has discharged the juvenile under s. 938.53 prior to the juvenile's 18th birthday or the date of a hearing scheduled under sub. (1), a hearing shall not be held, and the court shall revise the dispositional order and remove the disposition imposed under 938.34 (4p).

AB68,3251 Section 3251. 938.38 (1) (ag) of the statutes is created to read:

AB68,1690,3 938.38 (1) (ag) “Family permanency team” means the team of individuals assembled under sub. (3m) to participate in a juvenile's permanency planning.

AB68,3252 Section 3252. 938.38 (1) (as) of the statutes is created to read:

AB68,1690,7 938.38 (1) (as) “Like-kin” means a person who has a significant emotional relationship with a juvenile or the juvenile's family and to whom any of the following applies:

AB68,1690,10 1. Prior to the juvenile's placement in out-of-home care, the person had an existing relationship with the juvenile or the juvenile's family that is similar to a familial relationship.

AB68,1690,13 2. During the juvenile's placement in out-of-home care, the person developed a relationship with the juvenile or the juvenile's family that is similar to a familial relationship.

AB68,3253 Section 3253. 938.38 (1) (bp) of the statutes is created to read:

AB68,1690,17 938.38 (1) (bp) “Qualified residential treatment program” means a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675.

AB68,3254 Section 3254. 938.38 (3m) of the statutes is created to read:

AB68,1690,24 938.38 (3m) Family permanency team. If a juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 48.355 (2) (b) 6g. shall invite all of the following to participate in permanency planning and may invite others at the agency's discretion:

AB68,1691,2 (a) All appropriate biological family members, relatives, and like-kin of the juvenile, as determined by the agency.

AB68,1691,5 (b) Appropriate professionals who serve as a resource for the family of the juvenile, such as teachers, medical or mental health providers who have treated the juvenile, or clergy.

AB68,1691,7 (c) Others identified by a juvenile over the age of 14 as provided under sub. (2m).

AB68,3255 Section 3255. 938.38 (4) (k) of the statutes is created to read:

AB68,1691,10 938.38 (4) (k) If the juvenile is placed in a qualified residential treatment program, all of the following:

AB68,1691,12 1. Documentation of reasonable and good faith efforts to identify and include all required individuals on the family permanency team.

AB68,1691,13 2. The contact information for the members of the family permanency team.

AB68,1691,15 3. Information showing that meetings of the family permanency team are held at a time and place convenient for the family to the extent possible.