Wisconsin Legislature: 55,4661

938.34 (6s) Drug testing. If the report under s. 938.33 (1) indicates that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department of corrections shall promulgate by rule.

55,4656f Section 4656f. 938.34 (8d) (c) of the statutes is amended to read:

938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured residential care center for children and youth fails to pay the surcharge under par. (a), the department of corrections shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

55,4656i Section 4656i. 938.34 (15m) (am) 2. of the statutes is amended to read:

938.34 (15m) (am) 2. If the court under subd. 1. orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the court shall notify the department of corrections that the juvenile has satisfied the conditions of the dispositional order.

55,4656n Section 4656n. 938.345 (3) (c) of the statutes is amended to read:

938.345 (3) (c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside, or vacated.

55,4656p Section 4656p. 938.345 (3) (d) of the statutes is amended to read:

938.345 (3) (d) If the court under par. (a) orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the clerk of the court shall notify the department of corrections and the department of children and families that the juvenile has satisfied the conditions of the dispositional order.

55,4656q Section 4656q. 938.355 (4m) (b) of the statutes is amended to read:

938.355 (4m) (b) The court shall expunge the court's record of a juvenile's adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08 (2) (b), (c), or (d), and if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order. Notwithstanding s. 938.396 (2), the court shall notify the department of corrections and the department of children and families promptly of any expungement under this paragraph.

55,4656s Section 4656s. 938.355 (6) (d) 1. of the statutes is amended to read:

938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

55,4656t Section 4656t. 938.355 (6d) (a) 1. of the statutes is amended to read:

938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated.

55,4656tm Section 4656tm. 938.355 (6d) (a) 2. of the statutes is amended to read:

938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

55,4657 Section 4657. 938.355 (6d) (b) (title) of the statutes is amended to read:

938.355 (6d) (b) (title) Violation of condition of county aftercare supervision.

55,4658b Section 4658b. 938.355 (6d) (b) 1. of the statutes is amended to read:

938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by a county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated.

55,4658bm Section 4658bm. 938.355 (6d) (b) 1. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

55,4659b Section 4659b. 938.355 (6d) (b) 2. of the statutes is amended to read:

938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.

55,4659bm Section 4659bm. 938.355 (6d) (b) 2. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

55,4660 Section 4660. 938.355 (6d) (b) 2g. of the statutes is amended to read:

938.355 (6d) (b) 2g. The taking into custody and placement of a juvenile under subd. 1. or 2. is subject to any general written policies adopted by the court under s. 938.06 (1) and (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to such taking into custody and placement.

55,4661 Section 4661. 938.355 (6d) (b) 4. of the statutes is amended to read:

938.355 (6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has violated a condition of aftercare supervision administered by a county department from being taken into and held in custody under ss. 938.19 to 938.21.

55,4661q Section 4661q. 938.355 (6m) (a) 1g. of the statutes is amended to read:

938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

55,4662b Section 4662b. 938.357 (4) (a) of the statutes is amended to read:

938.357 (4) (a) When the juvenile is placed with the department, the of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on 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, the 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. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth 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).

55,4662bm Section 4662bm. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

938.357 (4) (a) 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 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. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth 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).

55,4662c Section 4662c. 938.357 (4) (b) 1. of the statutes is amended to read:

938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department of corrections and the that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department, without a hearing under sub. (1) (am) 2.

55,4662e Section 4662e. 938.357 (4) (b) 2. of the statutes is amended to read:

938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department of corrections, and the that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department of corrections, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 49.343, and that child welfare agency shall reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.

55,4662f Section 4662f. 938.357 (4) (b) 4. of the statutes is amended to read:

938.357 (4) (b) 4. A juvenile may seek review of a decision of the department of corrections under subd. 1. or 2. only by the common law writ of certiorari.

55,4662h Section 4662h. 938.357 (4) (c) 1. of the statutes is amended to read:

938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department of corrections, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department of corrections, in the manner provided in s. 49.343.

55,4662i Section 4662i. 938.357 (4) (c) 2. of the statutes is amended to read:

938.357 (4) (c) 2. If a juvenile is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 residential care center for children and youth without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department of corrections, in the manner provided in s. 49.343.

55,4662k Section 4662k. 938.357 (4) (c) 4. of the statutes is amended to read:

938.357 (4) (c) 4. A juvenile may seek review of a decision of the department of corrections or county department under subd. 1. or 2. only by the common law writ of certiorari.

55,4663 Section 4663. 938.357 (4g) (title) of the statutes is amended to read:

938.357 (4g) (title) Aftercare Community supervision or aftercare plan.

55,4664b Section 4664b. 938.357 (4g) (a) of the statutes is amended to read:

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 aftercare plan, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the designated aftercare provider is a county department, that county department shall submit the aftercare plan to the department of corrections within the applicable time period specified in this paragraph, unless the department of corrections waives the time period under par. (b).

55,4664bm Section 4664bm. 938.357 (4g) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

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 or aftercare provider designated under s. 938.34 (4n) shall prepare an a community supervision or aftercare plan for the juvenile. If the juvenile is to be placed on aftercare supervision, the county department designated as the aftercare provider is a county department, that county department 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).

55,4665b Section 4665b. 938.357 (4g) (b) of the statutes is amended to read:

938.357 (4g) (b) The department of corrections may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the that department 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 time period, the designated aftercare provider shall prepare the aftercare plan within 30 days after the date on which the department of corrections requests the aftercare plan.

55,4665bm Section 4665bm. 938.357 (4g) (b) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

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

55,4666 Section 4666. 938.357 (4g) (c) (intro.) of the statutes is amended to read:

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

55,4667 Section 4667. 938.357 (4g) (c) 2. of the statutes is amended to read:

938.357 (4g) (c) 2. The conditions, if any, under which the juvenile's community supervision or aftercare status may be revoked.

55,4668 Section 4668. 938.357 (4g) (c) 3. of the statutes is amended to read:

938.357 (4g) (c) 3. Services or programming to be provided to the juvenile while on community supervision or aftercare supervision.

55,4669 Section 4669. 938.357 (4g) (c) 4. of the statutes is amended to read:

938.357 (4g) (c) 4. The estimated length of time that community supervision and services or aftercare supervision and services shall be provided to the juvenile.

55,4670 Section 4670. 938.357 (4g) (d) of the statutes is amended to read:

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 an a community supervision or aftercare plan has been prepared under this subsection.

55,4671b Section 4671b. 938.357 (4m) of the statutes is amended to read:

938.357 (4m) Release to aftercare supervision. The department of corrections shall try to release a juvenile to aftercare supervision under sub. (4) within 30 days after the date the on which that department determines the juvenile is eligible for the release.

55,4671bm Section 4671bm. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

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

55,4672 Section 4672. 938.357 (5) (title) of the statutes is amended to read:

938.357 (5) (title) Revocation of community supervision or aftercare supervision.

55,4673b Section 4673b. 938.357 (5) (a) of the statutes is amended to read:

938.357 (5) (a) The department of corrections or a county department, whichever has been designated as a juvenile's aftercare provider, may revoke the aftercare status of that juvenile. Prior notice of a change in placement under sub. (1) (am) 1. is not required.

55,4673bm Section 4673bm. 938.357 (5) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

938.357 (5) (a) The If a juvenile has been placed on community supervision, the department of corrections or a 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, whichever 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.

55,4674 Section 4674. 938.357 (5) (b) of the statutes is amended to read:

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 and or 938.355 (6d) (b).

55,4675 Section 4675. 938.357 (5) (d) of the statutes is amended to read:

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 time period may be waived only upon the agreement of the community supervision or aftercare provider, the juvenile, and the juvenile's counsel.

55,4676 Section 4676. 938.357 (5) (e) of the statutes is amended to read:

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.

55,4677b Section 4677b. 938.357 (5) (g) of the statutes is amended to read:

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 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 aftercare supervision.

55,4677bm Section 4677bm. 938.357 (5) (g) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

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.