1995 Wisconsin Act 27

27,2526m Section 2526m. 48.48 (1) of the statutes is amended to read:

48.48 (1) To promote the enforcement of the laws relating to delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children and to take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.

27,2527m Section 2527m. 48.48 (3) of the statutes is amended to read:

48.48 (3) To accept legal custody of children transferred to it by the court under s. 48.355 and guardianship of children when appointed by the court, and to provide special treatment and care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.

27,2528m Section 2528m. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2528r Section 2528r. 48.48 (4m) (intro.) of the statutes is repealed.

27,2529 Section 2529 . 48.48 (4m) (a) of the statutes is amended to read:

48.48 (4m) (a) Is at least 18 17 years of age;

27,2529m Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2530 Section 2530 . 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.48 (4m) (b) Was in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;

27,2530m Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2530p Section 2530p. 48.48 (4m) (c) of the statutes is repealed.

27,2530r Section 2530r. 48.48 (4m) (d) of the statutes is repealed.

27,2530t Section 2530t. 48.48 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2530v Section 2530v. 48.48 (6) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2531 Section 2531 . 48.48 (12) (a) of the statutes is amended to read:

48.48 (12) (a) To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with s. 48.975. Payments shall be made from the appropriation under s. 20.435 (7) (3) (dd).

27,2531m Section 2531m. 48.48 (13) of the statutes is amended to read:

48.48 (13) To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions or released to aftercare or corrective sanctions supervision.

27,2532 Section 2532 . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they reached 18 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 fit them for gainful employment, and who when reaching that age were in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

27,2533m Section 2533m. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed.

27,2534m Section 2534m. 48.48 (16) of the statutes is amended to read:

48.48 (16) To establish and enforce standards for services provided under ss. 48.34 and s. 48.345 (1) (a) and (e). This authority does not apply to services provided by the department of corrections under s. 48.366 (8).

27,2535m Section 2535m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is repealed.

27,2536m Section 2536m. 48.50 of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is repealed.

27,2537 Section 2537. 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

48.505 (title) Children placed in a secured correctional facility or on aftercare under supervision of department of health and social services or county department. The When a child is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county department under s. 48.34 (4n), the department or county department having supervision over the child shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

27,2537m Section 2537m. 48.505 of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.505 Children placed under supervision of department of corrections or county department. When a child is under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county department under s. 48.34 (4n), the department of corrections or county department having supervision over the child shall have the right and duty to protect, train, discipline, treat and confine the child and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

27,2538m Section 2538m. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

27,2539m Section 2539m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility or a placement in the community under the corrective sanctions program or the youthful offender program, the department of health and social services or the department of corrections shall:

27,2540m Section 2540m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.

27,2540p Section 2540p. 48.51 (1) (a) of the statutes is repealed.

27,2540r Section 2540r. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

27,2540s Section 2540s. 48.51 (1) (c) of the statutes is repealed.

27,2540t Section 2540t. 48.51 (2) of the statutes is repealed.

27,2540v Section 2540v. 48.51 (3) of the statutes is repealed.

27,2541 Section 2541 . 48.52 (title) of the statutes is amended to read:

48.52 (title) Facilities for care of children in care of department of health and social services.

27,2541m Section 2541m. 48.52 (1) (d) of the statutes is repealed.

27,2541p Section 2541p. 48.52 (2) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.52 (2) (a) In addition to the facilities and services described in sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children in its care; but placement of children in private or public facilities not under its jurisdiction does not terminate the legal custody or supervision under s. 48.34 (4m) or (4n) of the department. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.

27,2541r Section 2541r. 48.52 (2) (c) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.52 (2) (c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons in its legal custody or under its supervision under s. 48.34 (4m) or (4n) who have been whom the department has placed in that facility.

27,2542m Section 2542m. 48.53 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2543 Section 2543. 48.532 (1) of the statutes is amended to read:

48.532 (1) Program. Beginning 1995, the The department shall provide a juvenile boot camp program for children who have been placed under s. 48.34 (4m) in a secured correctional facility under the supervision of the department.

27,2543m Section 2543m. 48.532 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.532 (1) Program. The department of corrections shall provide a juvenile bootcamp program for children who have been placed in the serious juvenile offender program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m).

27,2544 Section 2544 . 48.532 (2) of the statutes is amended to read:

48.532 (2) Program eligibility. The department may place in the juvenile boot camp program any child whose legal custody has been transferred to the department under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a secured correctional facility under the supervision of the department.

27,2544m Section 2544m. 48.532 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.532 (2) Program eligibility. The department of corrections may place in the juvenile boot camp program any child who has been placed in the serious juvenile offender program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m).

27,2545 Section 2545 . 48.532 (3) of the statutes is created to read:

48.532 (3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department.

27,2545m Section 2545m. 48.532 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

48.532 (3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department of corrections.

27,2546 Section 2546 . 48.533 (1) of the statutes is repealed.

27,2547m Section 2547m. 48.533 (2) of the statutes is amended to read:

48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (a) (hr), the department shall provide $433,500, and from the appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for a corrective sanctions program, beginning on July 1, 1994, to serve an average daily population of 105 children, or an average daily population of more that 105 children if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee county. The juvenile offender review program in the division of youth services in the department shall evaluate and select for participation in the program children who have been placed in a secured correctional facility under s. 48.34 (4m). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee county to provide on-site programming after school and in the evening for children from Milwaukee county who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department shall promulgate rules to implement the program.

27,2547p Section 2547p. 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department of corrections shall provide a corrective sanctions program to serve an average daily population of 105 children, or an average daily population of more that 105 children if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program children who have been placed in the serious juvenile offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34 (4m). The department of corrections shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department of corrections shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department of corrections shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for children from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department of corrections shall promulgate rules to implement the program.

27,2548 Section 2548 . 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

48.533 (3) Institutional status. A participant in the pilot program under sub. (1) or the program under sub. (2) remains under the supervision of the department, 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). Notwithstanding ss. 48.19 to 48.21, if a child violates a condition of that child's participation in the pilot program under sub. (1) or the program under sub. (2) the department may, without a hearing, take the child into custody and return the child to placement in a secured correctional facility for up to 72 hours as a sanction for that violation. If the child is returned to a secured correctional facility, for longer than 72 hours, the child is entitled to a hearing under s. 48.357 (5). If a child runs away from the child's placement in the community while participating in the pilot program under sub. (1) or the program under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3) (c).

27,2548m Section 2548m. 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

48.533 (3) Institutional status. A participant in the program under sub. (2) remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department of corrections and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, but subject to s. 48.538 (4), if a child violates a condition of that child's participation in the program under sub. (2) the department of corrections may, without a hearing, take the child into custody and return the child to placement in a secured correctional facility for up to 72 hours as a sanction for that violation. If the child is returned to a secured correctional facility, for longer than 72 hours, the child is entitled to a hearing under s. 48.357 (5). If a child runs away from the child's placement in the community while participating in the program under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3) (c).

27,2549g Section 2549g. 48.534 (2) of the statutes is amended to read:

48.534 (2) The department of corrections shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include rules that govern the use of placement in a secure detention facility for not more than 72 hours as a sanction for a violation of a condition of a child's participation in the program.

27,2549m Section 2549m. 48.534 (3) of the statutes is repealed.

27,2549r Section 2549r. 48.535 of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is amended to read:

48.535 Early release and intensive supervision program; limits. The department of corrections may establish a program for the early release and intensive supervision of children who have been placed in a secured correctional facility under s. 48.34 (4m). The program may not include any children who have been placed in a secured correctional facility as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

27,2550 Section 2550 . 48.536 of the statutes is repealed.

27,2551m Section 2551m. 48.537 of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

27,2562m Section 2562m. 48.538 of the statutes is created to read:

48.538 Serious offender program. (1) Definition. In this section, “department" means the department of corrections.

(2) Program administration and design. The department shall administer a serious juvenile offender program for children who have been adjudicated delinquent and ordered to participate in the program under s. 48.34 (4h). The department shall design the program to provide all of the following:

(a) Supervision, care and rehabilitation that is more restrictive than ordinary supervision in the community.

(b) Component phases that are intensive and highly structured.

(c) A series of component phases for each participant that is based on public safety considerations and the participant's need for supervision, care and rehabilitation.

(3) Component phases. (a) The department shall provide each participant with one or more of the following sanctions:

1. Subject to subd. 1m., placement in a secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

1p. Alternate care, including placement in a foster home, treatment foster home, group home or child caring institution.

2. Intensive or other field supervision, including corrective sanctions supervision under s. 48.533, aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under s. 301.048.

3. Electronic monitoring.

4. Alcohol or other drug abuse outpatient treatment and services.