938.02 (15p) "Secured group home" means a group home that is licensed under s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m).
9,3120d
Section 3120d. 938.02 (17) of the statutes is amended to read:
938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1) (a).
9,3123d
Section 3123d. 938.069 (1) (dj) of the statutes is amended to read:
938.069 (1) (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or, a secured child caring institution or a secured group home.
9,3124d
Section 3124d. 938.08 (3) (a) (intro.) of the statutes is amended to read:
938.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department personnel designated by the department and, personnel of an agency contracted with under s. 301.08 (1) (b) 3. designated by agreement between the agency and the department and personnel of a county contracted with under s. 301.08 (1) (b) 4. designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:
9,3125d
Section 3125d. 938.08 (3) (a) 1. of the statutes is amended to read:
938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or, a child caring institution
or a secured group home.
9,3126d
Section 3126d. 938.08 (3) (a) 2. of the statutes is amended to read:
938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional facility or, a child caring institution or a secured group home after any authorized absence.
9,3127d
Section 3127d. 938.08 (3) (b) of the statutes is amended to read:
938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured correctional facility or, child caring institution or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.
9,3128d
Section 3128d. 938.17 (1) (c) of the statutes is amended to read:
938.17 (1) (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in s. 938.34, including placement of the juvenile in a secured correctional facility, a secured child caring institution or a secured group home under s. 938.34 (4m), if appropriate.
9,3129b
Section 3129b. 938.17 (2) (d) of the statutes is amended to read:
938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.
9,3130d
Section 3130d. 938.183 (1) (a) of the statutes is amended to read:
938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility or, a secured child caring institution or a secured group home or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.20 (2m).
9,3130m
Section 3130m. 938.20 (8) of the statutes is amended to read:
938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts and of the time and place of the detention hearing required under s. 938.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, the right to counsel under s. 938.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian or legal custodian.
9,3130p
Section 3130p. 938.207 (1) (a) of the statutes is amended to read:
938.207 (1) (a) The home of a parent or guardian, except that a juvenile may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.
9,3130r
Section 3130r. 938.207 (1) (b) of the statutes is amended to read:
938.207 (1) (b) The home of a relative, except that a juvenile may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.
9,3131d
Section 3131d. 938.208 (2) of the statutes is amended to read:
938.208 (2) Probable cause exists to believe that the juvenile is a fugitive from another state or has run away from a secured correctional facility, a secured child caring institution or a secured group home and there has been no reasonable opportunity to return the juvenile.
9,3131m
Section 3131m. 938.21 (3) (d) of the statutes is amended to read:
938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 938.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.
9,3132d
Section 3132d. 938.22 (title) of the statutes is amended to read:
938.22 (title) Establishment of secure detention facilities and shelter care county or private juvenile facilities.
9,3133d
Section 3133d. 938.22 (1) (a) of the statutes is amended to read:
938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any county may establish a secured group home or a secure detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a secured group home or a secure detention facility in accordance with ss. 46.20, 301.36 and 301.37. The county board of supervisors of any county may establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16 and 46.17 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16,
46.17 and 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.
9,3134d
Section 3134d. 938.22 (1) (b) of the statutes is amended to read:
938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of a public secured group home, secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secured group home, secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).
9,3135d
Section 3135d. 938.22 (1) (c) of the statutes is amended to read:
938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of a public secured group home, secure detention facility and the detention section of the children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.
9,3136d
Section 3136d. 938.22 (2) (a) of the statutes is amended to read:
938.22 (2) (a) Counties shall submit plans for the secured group home, secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secured group homes, secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these placed in those facilities.
9,3137d
Section 3137d. 938.22 (3) (a) of the statutes is amended to read:
938.22 (3) (a) In counties having a population of less than 500,000, public secured group homes, secure detention facilities and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secured group homes, secure detention facilities or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention or shelter care placed in those facilities, subject to par. (am) and to civil service regulations in counties having civil service.
9,3138d
Section 3138d. 938.22 (3) (b) of the statutes is amended to read:
938.22 (3) (b) In counties having a population of 500,000 or more, the director of the children's court center shall be in charge of and responsible for public secured group homes, secure detention facilities, the secure detention section of the center and the personnel assigned to this section, including a detention supervisor or superintendent. The director of the children's court center may also serve as superintendent of detention if the county board of supervisors so determines.
9,3139d
Section 3139d. 938.22 (7) (a) of the statutes is amended to read:
938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
9,3140d
Section 3140d. 938.22 (7) (b) of the statutes is amended to read:
938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee under this paragraph by the continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.
9,3141d
Section 3141d. 938.22 (7) (c) of the statutes is amended to read:
938.22 (7) (c) A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) and that fails to pay the fee under par. (b) by the continuation date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.
9,3142d
Section 3142d. 938.23 (1) (a) of the statutes is amended to read:
938.23 (1) (a) Any juvenile alleged to be delinquent under s. 938.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a secured correctional facility, a secured child caring institution or a secured group home, transfer supervision of the juvenile to the department for participation in the serious juvenile offender program or transfer jurisdiction over the juvenile to adult court.
9,3142g
Section 3142g. 938.23 (2) of the statutes is created to read:
938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or services under s. 938.13, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel.
(b) If a petition under s. 938.13 is contested, no juvenile may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the juvenile may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the juvenile outside the home even though the parent was not represented by counsel.
9,3142m
Section 3142m. 938.23 (3) of the statutes is amended to read:
938.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 938.13, at At any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the juvenile in a proceeding under s. 938.13.
9,3142p
Section 3142p. 938.23 (4) of the statutes is amended to read:
938.23 (4) Providing counsel. In any situation under this section in which a person juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person
juvenile to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency.
In any situation under sub. (2) in which a parent 18 years of age or over is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified in s. 977.01 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.
9,3143
Section
3143. 938.24 (5) of the statutes is amended to read:
938.24 (5) The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection. Failure to object if a petition is not referred or filed within a time limit specified in this subsection waives that time limit.
9,3143m
Section 3143m. 938.243 (1) (e) of the statutes is amended to read:
938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.
9,3144
Section
3144. 938.245 (2) (a) 9. of the statutes is repealed.
9,3145
Section
3145. 938.245 (2) (b) of the statutes is amended to read:
938.245 (2) (b) A deferred prosecution agreement, other than an agreement under par. (a) 9., may not include any form of out-of-home placement and may not exceed one year.
9,3146
Section
3146. 938.245 (3) of the statutes is amended to read:
938.245 (3) The obligations imposed under a deferred prosecution agreement and its effective date shall be set forth in writing. If the deferred prosecution agreement places the juvenile in a youth village program under sub. (2) (a) 9., the judge or juvenile court commissioner shall receive written notice that a deferred prosecution agreement has been entered into and, on receipt of that notice, shall enter an order requiring compliance with that agreement. The juvenile and a parent, guardian and legal custodian shall receive a copy of the agreement and order, as shall any agency providing services under the agreement.
9,3147
Section
3147. 938.245 (4) of the statutes is amended to read:
938.245 (4) The intake worker shall inform the juvenile and the juvenile's parent, guardian and legal custodian in writing of their right to terminate or, if the juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9., to request the court to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If an objection arises the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the deferred prosecution agreement is terminated the intake worker may request the district attorney or corporation counsel to file a petition.
9,3148
Section
3148. 938.245 (5) of the statutes is amended to read:
938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.
9,3148m
Section 3148m. 938.27 (4) (b) of the statutes is amended to read:
938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.
9,3149
Section
3149. 938.32 (1) (a) of the statutes is amended to read:
938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
9,3150
Section
3150. 938.32 (2) (c) of the statutes is amended to read:
938.32 (2) (c) Upon the motion of the court or the application of the juvenile, parent, guardian, legal custodian, intake worker or any agency supervising the juvenile under the consent decree, the court may, after giving notice to the parties to the consent decree and their counsel, if any, extend the decree for up to an additional 6 months or, if the consent decree places the juvenile in a youth village program as described in s. 118.42, for up to an additional one year in the absence of objection to extension by the parties to the initial consent decree. If the parent, guardian or legal custodian objects to the extension, the court shall schedule a hearing and make a determination on the issue of extension. A consent decree placing a juvenile in a youth village program as described in s. 118.42 may be extended no more than twice.
9,3151d
Section 3151d. 938.33 (3) (intro.) of the statutes is amended to read:
938.33 (3) Correctional placement reports. (intro.) A report recommending placement of a juvenile in a secured correctional facility under the supervision of the department or, a secured child caring institution
or a secured group home shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following:
9,3152d
Section 3152d. 938.33 (3) (a) of the statutes is amended to read:
938.33 (3) (a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, the report shall indicate that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate.
9,3153d
Section 3153d. 938.33 (3r) of the statutes is amended to read:
938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a secured correctional facility or a secured group home under s. 938.34 (4m), a placement specified in s. 938.34 (3) or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.
9,3153p
Section 3153p. 938.34 (3) (a) of the statutes is amended to read:
938.34 (3) (a) The home of a parent or other relative of the juvenile, except that the court may not designate the home of a parent or other relative of the juvenile as the juvenile's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
9,3153r
Section 3153r. 938.34 (3) (b) of the statutes is amended to read:
938.34 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the name of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
9,3154
Section
3154. 938.34 (3) (dm) of the statutes is repealed.
9,3155d
Section 3155d. 938.34 (4m) (intro.) of the statutes is amended to read:
