AB130-AA26,40,18
14"
(2r) If it appears that the child may be suitable for participation in the serious
15juvenile offender program under s. 938.538 or the adult intensive sanctions program
16under s. 301.048, the judge shall order the department of corrections to submit a
17written report analyzing the child's suitability for participation in those programs
18and recommending whether the child should be placed in either of those programs.".
AB130-AA26,41,17
10"
(3r) Serious juvenile offender report. If a child 14 years of age or over has
11been adjudicated delinquent for committing a violation specified in s. 938.34 (4h) (a),
12the report shall be in writing and, in addition to the information specified in sub. (1)
13and in sub. (3) or (4), if applicable, shall include an analysis of the child's suitability
14for placement in a secured correctional facility, a placement specified in s. 938.34 (3)
15or placement in the child's home with supervision and community-based
16programming and a recommendation as to the type of placement for which the child
17is best suited.".
AB130-AA26,41,20
19"
(3g) Monitoring by an electronic monitoring system for a child subject to an
20order under sub. (2r), (3) (a) to (e), (4h) or (4n) who is placed in the community.".
AB130-AA26,42,2
1"
(4h) Serious juvenile offender program. Place the child in the serious
2juvenile offender program under s. 938.538, but only if all of the following apply:
AB130-AA26,42,63
(a) The child is 14 years of age or over and has been adjudicated delinquent for
4committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
5940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
6(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB130-AA26,42,97
(b) The judge finds that the only other disposition that would be appropriate
8for the child would be placement of the child in a secured correctional facility under
9sub. (4m).".
AB130-AA26,42,16
14109. Page 308, line 20: delete lines 20 to 23 and substitute: "for a juvenile who
15is subject to an order under s. 938.34 (4h), (4m) or (4n) if the juvenile is 17 years of
16age or older when the".
AB130-AA26,43,2
18"(b) An order under s. 938.34 (4h) or (4m) for which a child has been adjudicated
19delinquent is subject to par. (a), except that the judge may make an order under s.
20938.34 (4m) apply for up to 2 years or until the child's 18th birthdate, whichever is
21earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if
22the child is adjudicated delinquent for committing an act that would be punishable
23as a Class B felony if committed by an adult, or until the child reaches 25 years of
1age, if the child is adjudicated delinquent for committing an act that would be
2punishable as a Class A felony if committed by an adult.".
AB130-AA26,43,8
5113. Page 317, line 22: after the period insert: "A child is who placed in a
6secured child caring institution remains under the supervision of the department,
7remains subject to the rules and discipline of that department and is considered to
8be in custody, as defined in s. 946.42 (1) (a).
AB130-AA26,43,209
(b) If a child who is placed in a secured child caring institution violates a
10condition of his or her placement in the secured child caring institution, the child
11welfare agency operating the secured child caring institution shall notify the
12department, and the department, without a hearing under sub. (1), may return the
13child to a secured correctional facility or place the child in a secure detention facility
14for not more than 30 days as a sanction for that violation. The department shall send
15written notice of the change to the parent, guardian, legal custodian and committing
16court. If a child is returned to a secured correctional facility or placed in a secure
17detention facility under this paragraph, the child welfare agency operating the
18secured child caring institution in which the child was placed shall reimburse the
19department or county for the cost of the child's care while placed in the secured
20correctional facility or secure detention facility under this paragraph.
AB130-AA26,44,221
(c) The child welfare agency that is operating a secured child caring institution
22in which a child has been placed under par. (a) may place the child in a less restrictive
23placement, and may replace in the secured child caring institution that child,
1without a hearing under sub. (1). The child welfare agency shall establish a rate for
2each type of placement in the manner provided in s. 46.037.".
AB130-AA26,45,15
14136. Page 357, line 1: delete "or legal custody"; and after "department" insert
15"of health and social services, department of corrections".
AB130-AA26,45,22
19"
(3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a child who has
20completed the juvenile boot camp program and who is released from a secured
21correctional facility shall be placed under aftercare supervision administered by the
22department.".
AB130-AA26,46,16
15"938.538 Serious juvenile offender program. (1) Definition. In this
16section, "department" means the department of corrections.
AB130-AA26,46,20
17(2) Program administration and design. The department shall administer a
18serious juvenile offender program for children who have been adjudicated
19delinquent and ordered to participate in the program under s. 938.34 (4h). The
20department shall design the program to provide all of the following:
AB130-AA26,46,2321
(a) Supervision, care and rehabilitation that is less costly than ordinary
22placement in a secured correctional facility under s. 938.34 (4m) and more restrictive
23than ordinary supervision in the community.
AB130-AA26,47,1
1(b) Component phases that are intensive and highly structured.
AB130-AA26,47,42
(c) A series of component phases for each participant that is based on public
3safety considerations and the participant's need for supervision, care and
4rehabilitation.
AB130-AA26,47,6
5(3) Component phases. (a) The department shall provide each participant with
6one or more of the following sanctions:
AB130-AA26,47,97
1. Subject to subd. 1m., placement in a Type 1 secured correctional facility or,
8if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01
9(5), for a period of not more than 3 years.
AB130-AA26,47,1510
1m. If the participant has been adjudicated delinquent for committing an act
11that would be a Class A felony if committed by an adult, placement in a Type 1
12secured correctional facility or, if the participant is 17 years of age or over, a Type 1
13prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless
14the participant is released sooner, subject to a mandatory minimum period of
15confinement of not less than one year.
AB130-AA26,47,1616
2. Intensive or other field supervision.
AB130-AA26,47,1717
3. Electronic monitoring.
AB130-AA26,47,1818
4. Alcohol or other drug abuse outpatient treatment and services.
AB130-AA26,47,1919
5. Mental health treatment and services.
AB130-AA26,47,2020
6. Community service.
AB130-AA26,47,2121
7. Restitution.
AB130-AA26,47,2222
8. Transitional services for education and employment.
