AB130-SSA1,361,2117 (b) An act or failure to act contributes to a condition of a juvenile as described
18in s. 938.12 or 938.13, although the juvenile is not actually adjudicated to come
19within the provisions of s. 938.12 or 938.13, if the natural and probable consequences
20of that act or failure to act would be to cause the juvenile to come within the
21provisions of s. 938.12 or 938.13.
AB130-SSA1,362,4 22(1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent
23or has been found to be in need of protection or services under s. 938.13, the court may
24order the juvenile's parent, guardian or legal custodian to comply with any conditions
25determined by the court to be necessary for the juvenile's welfare. An order under

1this paragraph may include an order to participate in mental health treatment,
2anger management, individual or family counseling or parent training and
3education and to make a reasonable contribution, based on ability to pay, toward the
4cost of those services.
AB130-SSA1,362,75 (b) A court may not order inpatient treatment under par. (a) for a juvenile's
6parent, guardian or legal custodian. All inpatient treatment commitments or
7admissions must be conducted in accordance with ch. 51.
AB130-SSA1,362,17 8(2) No order under sub. (1) (a) or (1m) (a) may be entered until the person who
9is the subject of the contemplated order is given an opportunity to be heard on the
10contemplated order. The court shall cause notice of the time, place and purpose of
11the hearing to be served on the person personally at least 10 days before the date of
12hearing. The procedure in these cases shall, as far as practicable, be the same as in
13other cases in the court. At the hearing the person may be represented by counsel
14and may produce and cross-examine witnesses. Any person who fails to comply with
15any order issued by a court under sub. (1) (a) or (1m) (a) may be proceeded against
16for contempt of court. If the person's conduct involves a crime, the person may be
17proceeded against under the criminal law.
AB130-SSA1,362,22 18(3) If it appears at a court hearing that any person 17 or older has violated s.
19948.40, the court shall refer the record to the district attorney for criminal
20proceedings as may be warranted in the district attorney's judgment. This
21subsection does not prevent prosecution of violations of s. 948.40 without the prior
22reference by the court to the district attorney, as in other criminal cases.
AB130-SSA1,362,2423 SUBCHAPTER X
24 REHEARING AND APPEAL
AB130-SSA1,363,6
1938.46New evidence. A juvenile whose status is adjudicated by the court
2under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
3time within one year after the entering of the court's order petition the court for a
4rehearing on the ground that new evidence has been discovered affecting the
5advisability of the court's original adjudication. Upon a showing that such evidence
6does exist, the court shall order a new hearing.
AB130-SSA1,363,87 SUBCHAPTER XI
8 AUTHORITY
AB130-SSA1,363,10 9938.48 Authority of department. The department may do all of the
10following:
AB130-SSA1,363,16 11(1) Promote the enforcement of the laws relating to delinquent juveniles and
12juveniles in need of protection or services and take the initiative in all matters
13involving the interests of such juveniles where adequate provision therefor is not
14made. This duty shall be discharged in cooperation with the courts, county
15departments and licensed child welfare agencies and with parents and other
16individuals interested in the welfare of juveniles.
AB130-SSA1,363,20 17(2) Assist in extending and strengthening juvenile welfare services with
18appropriate federal agencies and in conformity with the federal social security act
19and in cooperation with parents, other individuals and other agencies so that all
20juveniles needing such services are reached.
AB130-SSA1,363,25 21(3) Accept supervision over juveniles transferred to it by the court under s.
22938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4), and provide special treatment and
23care when directed by the court. Except as provided in s. 938.505 (2), a court may
24not direct the department to administer psychotropic medications to juveniles who
25receive special treatment or care under this subsection.
AB130-SSA1,364,12
1(4) Provide appropriate care and training for juveniles under its supervision
2under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those
3juveniles in their own homes, placing them in licensed foster homes or licensed
4treatment foster homes in accordance with s. 48.63 or licensed group homes,
5contracting for their care by licensed child welfare agencies or replacing them in
6juvenile correctional institutions or secured child caring institutions in accordance
7with rules promulgated under ch. 227, except that the department may not purchase
8the educational component of private day treatment programs for juveniles in its
9custody unless the department, the school board as defined in s. 115.001 (7) and the
10secretary of education all determine that an appropriate public education program
11is not available. Disputes between the department and the school district shall be
12resolved by the secretary of education.
AB130-SSA1,364,14 13(4m) Continue to provide appropriate care, training and services to any person
14who meets all of the following qualifications:
AB130-SSA1,364,1515 (a) Is at least 17 years of age.
AB130-SSA1,364,1716 (b) Was under the supervision of the department under s. 938.183, 938.34 (4h),
17(4m) or (4n) or 938.357 (4) when the person reached 17 years of age.
AB130-SSA1,364,1818 (c) Is less than 19 years of age.
AB130-SSA1,364,2119 (d) Is determined by the department to be in need of care and services designed
20to fit such person for gainful employment and has requested and consented to receive
21such aid.
AB130-SSA1,364,24 22(5) Provide for the moral and religious training of a juvenile under its
23supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) according to the
24religious belief of the juvenile or of the juvenile's parents.
AB130-SSA1,365,6
1(6) Consent to emergency surgery under the direction of a licensed physician
2or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m)
3or (4n) or 938.357 (4) upon notification by a licensed physician or surgeon of the need
4for such surgery and if reasonable effort, compatible with the nature and time
5limitation of the emergency, has been made to secure the consent of the juvenile's
6parent or guardian.
AB130-SSA1,365,9 7(13) Promulgate rules for the payment of an allowance to juveniles in its
8institutions and a cash grant to a juvenile being discharged from its institutions or
9released to aftercare supervision.
AB130-SSA1,365,16 10(14) Pay maintenance, tuition and related expenses from the appropriation
11under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age
12were students regularly attending a school, college or university or regularly
13attending a course of vocational or technical training designed to fit them for gainful
14employment, and who when reaching that age were under the supervision of the
15department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result of
16a judicial decision.
AB130-SSA1,365,18 17(16) Establish and enforce standards for services provided under s. 938.183,
18938.34 or 938.345.
AB130-SSA1,365,25 19938.49 Notification by court of placement with department;
20information for department. (1)
When the court places a juvenile in a secured
21correctional facility or secured child caring institution under the supervision of the
22department, the court shall immediately notify the department of that action. The
23court shall, in accordance with procedures established by the department, provide
24transportation for the juvenile to a receiving center designated by the department
25or deliver the juvenile to personnel of the department.
AB130-SSA1,366,7
1(2) When the court places a juvenile in a secured correctional facility or a
2secured child caring institution under the supervision of the department, the court
3and all other public agencies shall also immediately transfer to the department a
4copy of the report submitted to the court under s. 938.33 or, if the report was
5presented orally, a transcript of the report and all other pertinent data in their
6possession and shall immediately notify the juvenile's last school district in writing
7of its obligation under s. 118.125 (4).
AB130-SSA1,366,19 8938.50 Examination of juveniles under supervision of department. (1)
9The department shall examine every juvenile who is placed under its supervision to
10determine the type of placement best suited to the juvenile and to the protection of
11the public. This examination shall include an investigation of the personal and
12family history of the juvenile and his or her environment, any physical or mental
13examinations considered necessary to determine the type of placement that is
14necessary for the juvenile and the evaluation under s. 938.533 (2) to determine
15whether the juvenile is eligible for corrective sanctions supervision or serious
16juvenile offender supervision. A juvenile who is examined under this subsection
17shall be screened to determine whether the juvenile is in need of special treatment
18or care because of alcohol or other drug abuse, mental illness or severe emotional
19disturbance.
AB130-SSA1,366,22 20(2) In making this examination the department may use any facilities, public
21or private, that offer aid to it in the determination of the correct placement for the
22juvenile.
AB130-SSA1,367,6 23938.505 Juveniles placed under correctional supervision. (1) When a
24juvenile is placed under the supervision of the department under s. 938.183, 938.34
25(4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county

1department under s. 938.34 (4n), the department or county department having
2supervision over the juvenile shall have the right and duty to protect, train,
3discipline, treat and confine the juvenile and to provide food, shelter, legal services,
4education and ordinary medical and dental care for the juvenile, subject to the rights,
5duties and responsibilities of the guardian of the juvenile and subject to any residual
6parental rights and responsibilities and the provisions of any court order.
AB130-SSA1,367,19 7(2) (a) If a juvenile 14 years of age or over who is under the supervision of the
8department or a county department as described in sub. (1) and who is not residing
9in his or her home wishes to be administered psychotropic medication but a parent
10with legal custody or the guardian refuses to consent to the administration of
11psychotropic medication or cannot be found, or if there is no parent with legal
12custody, the department or county department acting on the juvenile's behalf may
13petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in
14the county in which the juvenile is located for permission to administer psychotropic
15medication to the juvenile. A copy of the petition and a notice of hearing shall be
16served upon the parent or guardian at his or her last-known address. If, after
17hearing, the court determines all of the following, the court shall grant permission
18for the department or county department to administer psychotropic medication to
19the juvenile without the parent's or guardian's consent:
AB130-SSA1,367,2520 1. That the parent's or guardian's consent is unreasonably withheld or that the
21parent or guardian cannot be found or that there is no parent with legal custody,
22except that the court may not determine that a parent's or guardian's consent is
23unreasonably withheld solely because the parent or guardian relies on treatment by
24spiritual means through prayer for healing in accordance with his or her religious
25tradition.
AB130-SSA1,368,3
12. That the juvenile is 14 years of age or over and is competent to consent to the
2administration of psychotropic medication and that the juvenile voluntarily
3consents to the administration of psychotropic medication.
AB130-SSA1,368,74 3. Based on the recommendation of a physician, that the juvenile is in need of
5psychotropic medication, that psychotropic medication is appropriate for the
6juvenile's needs and that psychotropic medication is the least restrictive treatment
7consistent with the juvenile's needs.
AB130-SSA1,368,118 (b) The court may, at the request of the department or county department,
9temporarily approve the administration of psychotropic medication, for not more
10than 10 days after the date of the request, pending the hearing on the petition, which
11shall be held within those 10 days.
AB130-SSA1,368,17 12938.51 Notification of release or escape of juvenile from correctional
13custody. (1)
At least 15 days prior to the date of release of a juvenile from a secured
14correctional facility or a secured child caring institution and at least 15 days prior
15to the release of a juvenile from the supervision of the department or a county
16department, the department or county department having supervision over the
17juvenile shall do all of the following:
AB130-SSA1,368,1918 (a) Notify all of the following local agencies in the community in which the
19juvenile will reside of the juvenile's return to the community:
AB130-SSA1,368,2020 1. The law enforcement agencies.
AB130-SSA1,368,2121 2. The school district.
AB130-SSA1,368,2222 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB130-SSA1,368,2423 (b) Notify any known victim of an act for which the juvenile has been found
24delinquent of the juvenile's release, if all of the following apply:
AB130-SSA1,368,2525 2. The victim can be found.
AB130-SSA1,369,1
13. The victim has sent in a request card under sub. (2).
AB130-SSA1,369,52 (c) Notify, if the victim died as a result of the juvenile's delinquent act and if the
3criteria under par. (b) are met, an adult member of the victim's family or, if the victim
4is younger than 18 years old and if the criteria under par. (b) are met, the victim's
5parent or legal guardian.
AB130-SSA1,369,12 6(1m) The department or county department having supervision over a juvenile
7shall determine the local agencies that it will notify under sub. (1) (a) based on the
8residence of the juvenile's parents or on the juvenile's intended residence specified
9in the juvenile's aftercare supervision plan or, if those methods do not indicate the
10community in which the juvenile will reside following release from a secured
11correctional facility or from the supervision of the department or county department,
12the community in which the juvenile states that he or she intends to reside.
AB130-SSA1,369,15 13(1r) The notification under sub. (1) shall include only the juvenile's name, the
14date of the juvenile's release and the type of placement to which the juvenile is
15released.
AB130-SSA1,369,23 16(2) The department shall design and prepare cards for victims specified in sub.
17(1) (b) and (c) to send to the department or county department having supervision
18over the juvenile. The cards shall have space for these persons to provide their names
19and addresses and any other information that the department determines is
20necessary. The department shall provide the cards, without charge, to district
21attorneys. District attorneys shall provide the cards, without charge, to victims
22specified in sub. (1) (b) and (c). These persons may send completed cards to the
23department or county department having supervision over the juvenile.
AB130-SSA1,370,3
1(3) Timely release of a juvenile shall not be prejudiced by the fact that the
2department or county department having supervision over the juvenile did not notify
3the victims or the local agencies under sub. (1) within the 15 days.
AB130-SSA1,370,11 4(4) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after
5the department or county department having supervision over the juvenile discovers
6that escape, that department or county department shall make a reasonable effort
7to notify by telephone any known victim of the act for which the juvenile was found
8delinquent, if the criteria under sub. (1) (b) are met; an adult member of the victim's
9family, if the victim died as a result of the juvenile's delinquent act and if the criteria
10under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger
11than 18 years old and if the criteria under sub. (1) (b) are met.
AB130-SSA1,370,14 12938.52Facilities for care of juveniles in care of department.
13(1)
Facilities maintained or used for juveniles. The department may maintain or
14use the following facilities for juveniles in its care:
AB130-SSA1,370,1515 (a) Receiving homes to be used for the temporary care of juveniles.
AB130-SSA1,370,1616 (b) Foster homes or treatment foster homes.
AB130-SSA1,370,1717 (c) Group homes.
AB130-SSA1,370,2018 (d) Institutions, facilities and services, including without limitation forestry or
19conservation camps for the training and treatment of juveniles 10 years of age or
20older who have been adjudged delinquent.
AB130-SSA1,370,2421 (f) Other facilities deemed by the department to be appropriate for the juvenile,
22except that no state funds may be used for the maintenance of a juvenile in the home
23of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal
24funds to this state.
AB130-SSA1,371,9
1(2) Use of other facilities. (a) In addition to the facilities and services
2described in sub. (1), the department may use other facilities and services under its
3jurisdiction. The department may also contract for and pay for the use of other public
4facilities or private facilities for the care and treatment of juveniles in its care; but
5placement of juveniles in private or public facilities not under its jurisdiction does
6not terminate the supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
7(4) of the department. Placements in institutions for the mentally ill or
8developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.63 and
9938.34 (6) (am) and ch. 51.
AB130-SSA1,371,1610 (b) Public facilities are required to accept and care for persons placed with them
11by the department in the same manner as they would be required to do had the legal
12custody of these persons been transferred by a court of competent jurisdiction.
13Nothing in this subsection shall be construed to require any public facility to serve
14the department inconsistently with its functions or with the laws and regulations
15governing their activities; or to give the department authority to use any private
16facility without its consent.
AB130-SSA1,371,1917 (c) The department shall have the right to inspect all facilities it is using and
18to examine and consult with persons under its supervision under s. 938.183, 938.34
19(4h), (4m) or (4n) or 938.357 (4) who have been placed in that facility.
AB130-SSA1,371,21 20(4)Coeducational programs and institutions. The department may institute
21and maintain coeducational programs and institutions under this chapter.
AB130-SSA1,372,3 22938.53 Duration of control of department over delinquents. Except as
23provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
24been placed under the supervision of the department under s. 938.183, 938.34 (4m),
25(4h), or (4n) or 938.357 (4) shall be discharged as soon as the department determines

1that there is a reasonable probability that it is no longer necessary either for the
2rehabilitation and treatment of the juvenile or for the protection of the public that
3the department retain supervision.
AB130-SSA1,372,7 4938.532Juvenile boot camp program. (1)Program. The department
5shall provide a juvenile boot camp program for juveniles who have been placed under
6the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357
7(4).
AB130-SSA1,372,10 8(2)Program eligibility. The department may place in the juvenile boot camp
9program any juvenile who has been placed under the supervision of the department
10under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4).
AB130-SSA1,372,14 11(3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a juvenile who has
12completed the juvenile boot camp program and who is released from a secured
13correctional facility shall be placed under aftercare supervision administered by the
14department.
AB130-SSA1,373,14 15938.533 Corrective sanctions. (2) Corrective sanctions program. From
16the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective
17sanctions program to serve an average daily population of 105 juveniles, or an
18average daily population of more that 105 juveniles if the appropriation under s.
1920.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the
20program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties,
21including Milwaukee County. The juvenile offender review program in the
22department shall evaluate and select for participation in the program juveniles who
23have been placed under the supervision of the department under s. 938.183, 938.34
24(4h) or (4m) or 938.357 (4). The department shall place a program participant in the
25community, provide intensive surveillance of that participant and provide an

1average of $5,000 per year per slot to purchase community-based treatment services
2for each participant. The department shall make the intensive surveillance required
3under this subsection available 24 hours a day, 7 days a week, and may purchase or
4provide electronic monitoring for the intensive surveillance of program participants.
5The department shall provide a report center in Milwaukee County to provide
6on-site programming after school and in the evening for juveniles from Milwaukee
7County who are placed in the corrective sanctions program. A contact worker
8providing services under the program shall have a case load of approximately 10
9juveniles and, during the initial phase of placement in the community under the
10program of a juvenile who is assigned to that contact worker, shall have not less than
11one face-to-face contact per day with that juvenile. Case management services
12under the program shall be provided by a corrective sanctions agent who shall have
13a case load of approximately 15 juveniles. The department shall promulgate rules
14to implement the program.
AB130-SSA1,373,22 15(3) Institutional status. (a) A participant in the corrective sanctions program
16remains under the supervision of the department, remains subject to the rules and
17discipline of that department and is considered to be in custody, as defined in s.
18946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition
19of that juvenile's participation in the corrective sanctions program the department
20may, without a hearing, take the juvenile into custody and place the juvenile in a
21secured detention facility or return the juvenile to placement in a Type 1 secured
22correctional facility or a secured child caring institution.
AB130-SSA1,374,723 (b) The department shall operate the corrective sanctions program as a Type
242 secured correctional facility. The secretary may allocate and reallocate existing
25and future facilities as part of the Type 2 secured correctional facility. The Type 2

1secured correctional facility is subject to s. 46.03 (1). Construction or establishment
2of a Type 2 secured correctional facility shall be in compliance with all state laws
3except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13),
4construction or establishment of a Type 2 secured correctional facility is not subject
5to the ordinances or regulations relating to zoning, including zoning under ch. 91, of
6the county and city, village or town in which the construction or establishment takes
7place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.
AB130-SSA1,374,10 8(3m) Escape. If a juvenile runs away from the juvenile's placement in the
9community while participating in the corrective sanctions program, that juvenile is
10considered to have escaped in violation of s. 946.42 (3) (c).
AB130-SSA1,375,23 11938.534 Intensive supervision program. (1) A county department may
12provide an intensive supervision program for juveniles who have been adjudicated
13delinquent and ordered to participate in an intensive supervision program under s.
14938.34 (2r). A county department that provides an intensive supervision program
15shall purchase or provide intensive surveillance and community-based treatment
16services for participants in that program and may purchase or provide electronic
17monitoring for the intensive surveillance of program participants. A caseworker
18providing services under an intensive supervision program may have a case load of
19no more than 10 juveniles and shall have not less than one face-to-face contact per
20day with each juvenile who is assigned to that caseworker. Notwithstanding ss.
21938.19 to 938.21, but subject to any general written policies adopted by the court
22under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to
23the taking into custody and placement of a juvenile under this subsection, if a
24juvenile violates a condition of the juvenile's participation in the program, the
25juvenile's caseworker may, without a hearing, take the juvenile into custody and

1place the juvenile in a secure detention facility for not more than 72 hours while the
2alleged violation is being investigated, if at the dispositional hearing the court
3explained those conditions to the juvenile and informed the juvenile of the possibility
4of that placement or if before the violation the juvenile has acknowledged in writing
5that he or she has read, or has had read to him or her, those conditions and that
6possible placement and that he or she understands those conditions and that possible
7placement. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
8policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
9the county board relating to the taking into custody and placement of a juvenile
10under this subsection, the juvenile's caseworker may also, without a hearing, take
11the juvenile into custody and place the juvenile in a place of nonsecure custody for
12not more than 30 days as crisis intervention, if the juvenile is in need of crises
13intervention and, if at the dispositional hearing the court informed the juvenile of the
14possibility of that placement or if before the violation the juvenile has acknowledged
15in writing that he or she has read, or has had read to him or her, those conditions and
16that possible placement and that he or she understands those conditions and that
17possible placement. If the juvenile is held in a secure detention facility for longer
18than 72 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall
19be conducted in the manner provided in s. 938.21, except that the hearing shall be
20conducted within 72 hours, rather than 24 hours, after the end of the day that the
21decision to hold the juvenile was made and a written statement of the reasons for
22continuing to hold the juvenile in custody may be filed rather than a petition under
23s. 938.25.
AB130-SSA1,376,4 24(2) The department shall promulgate rules specifying the requirements for an
25intensive supervision program under this section. The rules shall include rules that

1govern the use of placement in a secure detention facility for not more than 72 hours
2while a violation of a condition of a juvenile's participation in the program is being
3investigated and the use of placement in a place of nonsecure custody for not more
4than 30 days as crisis intervention.
AB130-SSA1,376,11 5938.535 Early release and intensive supervision program; limits. The
6department may establish a program for the early release and intensive supervision
7of juveniles who have been placed in a secured correctional facility or a secured child
8caring institution under s. 938.183 or 938.34 (4m). The program may not include any
9juveniles who have been placed in a secured correctional facility or a secured child
10caring institution as a result of a delinquent act involving the commission of a violent
11crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
AB130-SSA1,376,12 12938.538 Serious juvenile offender program.
AB130-SSA1,376,16 13(2) Program administration and design. The department shall administer a
14serious juvenile offender program for juveniles who have been adjudicated
15delinquent and ordered to participate in the program under s. 938.34 (4h). The
16department shall design the program to provide all of the following:
AB130-SSA1,376,1817 (a) Supervision, care and rehabilitation that is more restrictive than ordinary
18supervision in the community.
AB130-SSA1,376,1919 (b) Component phases that are intensive and highly structured.
AB130-SSA1,376,2220 (c) A series of component phases for each participant that is based on public
21safety considerations and the participant's need for supervision, care and
22rehabilitation.
AB130-SSA1,376,24 23(3) Component phases. (a) The department shall provide each participant with
24one or more of the following sanctions:
AB130-SSA1,377,3
11. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a
2secured child caring institution or, if the participant is 17 years of age or over, a Type
31 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB130-SSA1,377,94 1m. If the participant has been adjudicated delinquent for committing an act
5that would be a Class A felony if committed by an adult, placement in a Type 1
6secured correctional facility, a secured child caring institution or, if the participant
7is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the
8participant reaches 25 years of age, unless the participant is released sooner, subject
9to a mandatory minimum period of confinement of not less than one year.
AB130-SSA1,377,1110 1p. Alternate care, including placement in a foster home, treatment foster
11home, group home, child caring institution or secured child caring institution.
AB130-SSA1,377,1412 2. Intensive or other field supervision, including corrective sanctions
13supervision under s. 938.533, aftercare supervision or, if the participant is 17 years
14of age or over, intensive sanctions supervision under s. 301.048.
AB130-SSA1,377,1515 3. Electronic monitoring.
AB130-SSA1,377,1616 4. Alcohol or other drug abuse outpatient treatment and services.
AB130-SSA1,377,1717 5. Mental health treatment and services.
AB130-SSA1,377,1818 6. Community service.
AB130-SSA1,377,1919 7. Restitution.
AB130-SSA1,377,2020 8. Transitional services for education and employment.
AB130-SSA1,377,2121 9. Other programs as prescribed by the department.
AB130-SSA1,378,222 (b) The department may provide the sanctions under par. (a) in any order, may
23provide more than one sanction at a time and may return to a sanction that was used
24previously for a participant. Notwithstanding ss. 938.357, 938.363 and 938.533 (3),
25a participant is not entitled to a hearing regarding the department's exercise of

1authority under this subsection unless the department provides for a hearing by
2rule.
AB130-SSA1,378,15 3(4) Institutional status. (a) A participant in the serious juvenile offender
4program is under the supervision and control of the department, is subject to the
5rules and discipline of the department and is considered to be in custody, as defined
6in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a
7condition of his or her participation in the program under sub. (3) (a) 2. to 9. while
8placed in a Type 2 secured correctional facility the department may, without a
9hearing, take the participant into custody and return him or her to placement in a
10Type 1 secured correctional facility, a secured child caring institution or, if the
11participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any
12intentional failure of a participant to remain within the extended limits of his or her
13placement while participating in the serious juvenile offender program or to return
14within the time prescribed by the administrator of the division of intensive sanctions
15in the department is considered an escape under s. 946.42 (3) (c).
AB130-SSA1,379,216 (b) The department shall operate the component phases of the program
17specified in sub. (3) (a) 2. to 9. as a Type 2 secured correctional facility. The secretary
18of corrections may allocate and reallocate existing and future facilities as part of the
19Type 2 secured correctional facility. The Type 2 secured correctional facility is subject
20to s. 301.02. Construction or establishment of a Type 2 secured correctional facility
21shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to
22the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured
23correctional facility is not subject to the ordinances or regulations relating to zoning,
24including zoning under ch. 91, of the county and city, village or town in which the

1construction or establishment takes place and is exempt from inspections required
2under s. 301.36.
AB130-SSA1,379,6 3(5) Transfers and discharge. (a) The parole commission may grant a
4participant parole under s. 304.06 at any time after the participant has completed
52 years of participation in the serious juvenile offender program. Parole supervision
6of the participant shall be provided by the department.
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