1995 Wisconsin Act 27

27,2540r Section 2540r. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

27,2540s Section 2540s. 48.51 (1) (c) of the statutes is repealed.

27,2540t Section 2540t. 48.51 (2) of the statutes is repealed.

27,2540v Section 2540v. 48.51 (3) of the statutes is repealed.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27,2541m Section 2541m. 48.52 (1) (d) of the statutes is repealed.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27,2542m Section 2542m. 48.53 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.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 (this act), is repealed and recreated to read: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.

5. Mental health treatment and services.

6. Community service.

7. Restitution.

8. Transitional services for education and employment.

9. Other programs as prescribed by the department.

(b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 48.357, 48.363 and 48.533 (3), a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

(4) Institutional status. A participant in the serious juvenile offender program is under the supervision and control of the department and is subject to the rules and discipline of the department. Notwithstanding ss. 48.19 to 48.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. the department may, without a hearing, take the participant into custody and return him or her to placement in a secured correctional facility or 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). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c).

(5) Transfers and discharge. (a) The parole commission may grant a participant parole under s. 304.06 at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole supervision of the participant shall be provided by the department.

(b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant has completed 3 years of participation in the serious juvenile offender program.

(c) Sections 48.357 and 48.363 do not apply to changes of placement and revisions of orders for a child who is a participant in the serious juvenile offender program.

(6) Purchase of services. The department of corrections may contract with the department of health and social services, a county department or any public or private agency for the purchase of goods, care and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined in s. 301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the appropriate appropriation under s. 20.410 (1).

(6m) Minority hiring. (a) In this subsection:

1. “American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

2. “Black" means a person whose ancestors originated in any of the black racial groups of Africa.

3. “Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

4. “Minority group member" means a Black, a Hispanic or an American Indian.

(b) In the selection of classified service employes for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the children placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.

(7) Rules. The department shall promulgate rules to implement this section.

27,2563m Section 2563m. 48.54 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2567b Section 2567b. 48.551 (1) of the statutes is amended to read:

48.551 (1) The department shall establish a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (6) (3) (dg), the department may contract with individuals and private agencies to operate the adoption center.

27,2568 Section 2568 . 48.553 of the statutes is created to read:

48.553 Authority of department of corrections. The department of corrections may do all of the following:

(1) Promote the enforcement of the laws relating to delinquent children and 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.

(2) Accept supervision of children transferred to it by the court under s. 48.34 (4h), (4m) or (4n) or 48.357 (4) and provide special treatment and care when directed by the court. A court may not direct the department of corrections to administer psychotropic medications to children who receive special treatment or care under this subsection.

(3) Provide appropriate care and training for children under its supervision under s. 48.34 (4h), (4m) or (4n) or 48.357 (4); including serving those children in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions in accordance with rules promulgated under ch. 227, except that the department of corrections may not purchase the educational component of private day treatment programs for children in its custody unless that department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department of corrections and the school district shall be resolved by the state superintendent of public instruction.

(5) Provide for the moral and religious training of a child under its supervision under s. 48.34 (4h), (4m) or (4n) according to the religious belief of the child or of the child's parents.

(6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any child under its supervision under s. 48.34 (4h), (4m) or (4n) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the child's parent or guardian.

(7) 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 serious juvenile offender supervision in the community.

(8) Pay maintenance, tuition and related expenses from the appropriations under s. 20.410 (3) (am) and (ho) for persons who when they reached 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 under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) as a result of a judicial decision.

(9) Establish and enforce standards for services provided under s. 48.34.

27,2569 Section 2569 . 48.554 of the statutes is created to read:

48.554 Notification by court of placement with department of corrections; information for department. (1) When the court places a child under the supervision of the department of corrections, the court shall immediately notify the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the child to a receiving center designated by that department or deliver the child to personnel of that department.

(2) When the court places a child under the supervision of the department of corrections, the court and all other public agencies shall also immediately transfer to the department of corrections a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

27,2570 Section 2570 . 48.555 of the statutes is created to read:

48.555 Examination of children under supervision of department of corrections. (1) The department of corrections shall examine every child who is placed under its supervision by the court to determine the type of placement best suited to the child and to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and an evaluation to determine whether the child is eligible for serious juvenile offender supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.