AB150-ASA, s. 2448j
9Section 2448j. 48.275 (2) (d) of the statutes, as affected by 1995 Wisconsin Act
10.... (this act), is amended to read:
AB150-ASA,837,1811
48.275
(2) (d) Reimbursement payments shall be made to the clerk of courts
12of the county where the proceedings took place. Each payment shall be transmitted
13to the county treasurer, who shall deposit 25% of the amount paid for state-provided
14counsel in the county treasury and transmit the remainder to the
state treasurer 15secretary of administration. Payments transmitted to the
state treasurer secretary
16of administration shall be deposited in the general fund and credited to the
17appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit
18100% of the amount paid for county-provided counsel in the county treasury.
AB150-ASA,838,1020
48.30
(6) If a petition is not contested, the court shall set a date for the
21dispositional hearing which allows reasonable time for the parties to prepare but is
22no more than 10 days from the plea hearing for the child who is held in secure custody
23and no more than 30 days from the plea hearing for a child who is not held in secure
24custody. If it appears to the court that disposition of the case may include placement
25of the child outside the child's home, the court shall order the child's parent to provide
1a statement of income, assets, debts and living expenses to the court or the
2designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
3dispositional hearing or as otherwise ordered by the court. The clerk of court shall
4provide, without charge, to any parent ordered to provide a statement of income,
5assets, debts and living expenses a document setting forth the percentage standard
6established by the department
of industry, labor and human relations under s.
46.25 749.143 (9) and listing the factors that a court may consider under s. 46.10 (14) (c).
8If all parties consent the court may proceed immediately with the dispositional
9hearing. If a citation is not contested, the court may proceed immediately to enter a
10dispositional order.
AB150-ASA,839,212
48.31
(7) At the close of the fact-finding hearing, the court shall set a date for
13the dispositional hearing which allows a reasonable time for the parties to prepare
14but is no more than 10 days from the fact-finding hearing for a child in secure custody
15and no more than 30 days from the fact-finding hearing for a child not held in secure
16custody. If it appears to the court that disposition of the case may include placement
17of the child outside the child's home, the court shall order the child's parent to provide
18a statement of income, assets, debts and living expenses to the court or the
19designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
20dispositional hearing or as otherwise ordered by the court. The clerk of court shall
21provide, without charge, to any parent ordered to provide a statement of income,
22assets, debts and living expenses a document setting forth the percentage standard
23established by the department
of industry, labor and human relations under s.
46.25 2449.143 (9) and listing the factors that a court may consider under s. 46.10 (14) (c).
1If all parties consent, the court may immediately proceed with a dispositional
2hearing.
AB150-ASA,839,74
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
5to be delinquent or in need of protection or services the court shall designate an
6agency
, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
7following:
AB150-ASA,839,1911
48.33
(3r) Serious juvenile offender report. If a child 14 years of age or over
12has been adjudicated delinquent for committing a violation specified in s. 48.34 (4h)
13(a), the report shall be submitted in writing by the department of corrections and, in
14addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable,
15shall include an analysis of the child's suitability for placement in the serious
16juvenile offender program under s. 48.34 (4h) or in a secured correctional facility
17under s. 48.34 (4m), a placement specified in s. 48.34 (3) or placement in the child's
18home with supervision and community-based programming and a recommendation
19as to the type of placement for which the child is best suited.
AB150-ASA,840,222
48.34
(2) Place the child under supervision of an agency, the department
of
23corrections, if the department
of corrections approves, or a suitable adult, including
24a friend of the child, under conditions prescribed by the judge including reasonable
1rules for the child's conduct, designed for the physical, mental and moral well-being
2and behavior of the child.
AB150-ASA,840,105
48.34
(2m) Place the child in his or her home under the supervision of an
6agency
, as defined under s. 48.38 (1) (a) or the department of health and social
7services, if that department approves, and order the agency
or department to provide
8specified services to the child and the child's family, which may include but are not
9limited to individual or group counseling, homemaker or parent aide services, respite
10care, housing assistance, day care or parent skills training.
AB150-ASA,840,2013
48.34
(2m) Place the child in the child's home under the supervision of an
14agency, the department of health and social services, if the child is in need of
15protection or services and that department approves, or the department of
16corrections, if the child is delinquent and that department approves, and order the
17agency or department to provide specified services to the child and the child's family,
18which may include but are not limited to individual, family or group counseling,
19homemaker or parent aide services, respite care, housing assistance, day care or
20parent skills training.
AB150-ASA,840,2522
48.34
(3g) If the judge places the child in the community under sub. (2m), (2r),
23(3) or (10), the judge may order the child to be monitored Monitoring by an electronic
24monitoring system
for a child subject to an order under sub. (2m), (2r), (3), (4n) or (10)
25who is placed in the community.
AB150-ASA, s. 2453p
1Section 2453p. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB150-ASA,841,43
48.34
(3g) Monitoring by an electronic monitoring system for a child subject
4to an order under sub. (2m), (2r), (3), (4h), (4n) or (10) who is placed in the community.
AB150-ASA,841,98
48.34
(4h) Place the child in the serious juvenile offender program under s.
948.538, but only if all of the following apply:
AB150-ASA,841,1310
(a) The child is 14 years of age or over and has been adjudicated delinquent for
11committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
12940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
13(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB150-ASA,841,1614
(b) The judge finds that the only other disposition that would be appropriate
15for the child would be placement of the child in a secured correctional facility under
16sub. (4m).
AB150-ASA,841,2019
48.34
(4m) (intro.) Place the child in a secured correctional facility under the
20supervision of the department
of corrections, but only if
all of the following apply:
AB150-ASA,841,2422
48.34
(4m) (a) The child has been found to be delinquent for the commission
23of an act which if committed by an adult would be punishable by a sentence of 6
24months or more
; and.
AB150-ASA,842,73
48.34
(4n) (intro.) Subject to
s. 48.532 (3) and to any arrangement between the
4department and a county department regarding the provision of aftercare
5supervision for children, designate one of the following to provide aftercare
6supervision for the child following the child's release from a secured correctional
7facility:
AB150-ASA, s. 2461m
8Section 2461m. 48.34 (4n) (intro.) of the statutes, as affected by 1995
9Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-ASA,842,1410
48.34
(4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between
11the department of corrections and a county department regarding the provision of
12aftercare supervision for children, designate one of the following to provide aftercare
13supervision for the child following the child's release from a secured correctional
14facility:
AB150-ASA,842,1717
48.34
(4n) (a) The department
of corrections.
AB150-ASA,842,2119
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
20of age
, be allowed to live independently, either alone or with friends, under such
21supervision as the judge deems appropriate.
AB150-ASA, s. 2464m
22Section 2464m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
23Acts 377, 385 and 491, is amended to read:
AB150-ASA,842,2524
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
25custody of the child to the department of corrections.
AB150-ASA, s. 2464p
1Section 2464p. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
3to read:
AB150-ASA,843,54
48.345
(1) (a) Place the child in the serious juvenile offender program or in a
5secured correctional facility.
AB150-ASA,843,117
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
8chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
9matter in criminal court when the child reaches the age of
18 17. This paragraph
10does not affect proceedings in criminal court which have been transferred under s.
1148.18.
AB150-ASA, s. 2465m
12Section 2465m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
13Acts 377, 385 and 491, is amended to read:
AB150-ASA,843,2514
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
15this section shall terminate at the end of one year unless the judge specifies a shorter
16period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
17at the end of one year unless the judge specifies a shorter period of time. No extension
18under s. 48.365 of an original dispositional order may be granted for a child
whose
19legal custody has been transferred to the department of corrections under s. 48.34
20(4g) or who is under the supervision of the department
of health and social services 21under s. 48.34 (4m) or (4n) or under the supervision of a county department under
22s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
23order terminates. Any order made before the child reaches the age of majority shall
24be effective for a time up to one year after its entry unless the judge specifies a shorter
25period of time.
AB150-ASA, s. 2465p
1Section 2465p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
3to read:
AB150-ASA,844,134
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
5this section shall terminate at the end of one year unless the judge specifies a shorter
6period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
7at the end of one year unless the judge specifies a shorter period of time. No extension
8under s. 48.365 of an original dispositional order may be granted for a child who is
9under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
10(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
11is 17 years of age or older when the original dispositional order terminates. Any
12order made before the child reaches the age of majority shall be effective for a time
13up to one year after its entry unless the judge specifies a shorter period of time.
AB150-ASA,844,2316
48.355
(4) (b)
An order under s. 48.34
(4g) or (4m) for which a child has been
17adjudicated delinquent is subject to par. (a), except that the judge may make
an order
18under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate,
19whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
205 years, if the child is adjudicated delinquent for committing an act that would be
21punishable as a Class B, C or D felony if committed by an adult, or until the child
22reaches 25 years of age, if the child is adjudicated delinquent for committing an act
23that would be punishable as a Class A felony if committed by an adult.
AB150-ASA,845,64
48.355
(4) (b) An order under s. 48.34 (4m) for which a child has been
5adjudicated delinquent is subject to par. (a), except that the judge may make the
6order apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.
AB150-ASA,845,1710
48.355
(4) (b) An order under s. 48.34
(4h) or (4m) for which a child has been
11adjudicated delinquent is subject to par. (a), except that the judge may make
the
12order an order under s. 48.34 apply for up to 2 years or until the child's 18th birthdate,
13whichever is earlier
, and the judge shall make an order under s. 48.34 (4h) apply for
145 years, if the child is adjudicated delinquent for committing an act that would be
15punishable as a Class B felony if committed by an adult, or until the child reaches
1625 years of age, if the child is adjudicated delinquent for committing an act that
17would be punishable as a Class A felony if committed by an adult.
AB150-ASA,846,420
48.357
(4) (a) When the child is placed with the department
of corrections, the
21department
of corrections may, after an examination under s.
48.50 48.555, place the
22child in a secured correctional facility
or in a secured child caring institution or on
23aftercare or corrective sanctions supervision, either immediately or after a period of
24placement in a secured correctional facility. The department shall send written
25notice of the change to the parent, guardian, legal custodian, county department
1designated under s. 48.34 (4n), if any, and committing court.
A child is who placed
2in a secured child caring institution remains under the supervision of the
3department of corrections, remains subject to the rules and discipline of that
4department and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB150-ASA,846,126
48.357
(4) (b) The child welfare agency that is operating a secured child caring
7institution in which a child has been placed under par. (a) may place the child in a
8less restrictive placement or in a secured correctional facility and may transfer the
9child between secured child caring institutions, without a hearing under sub. (1).
10The child welfare agency shall establish a rate for each type of placement in the
11manner provided in s. 46.037, except that a child welfare agency is not entitled to
12receive payment for time that a child is placed in a secured correctional facility.
AB150-ASA,847,214
48.357
(4d) If a child who is placed in a child caring institution as a result of
15a delinquency adjudication violates a rule of the child caring institution or is
16otherwise in need of crisis intervention, the child welfare agency operating the child
17caring institution shall notify the department of corrections and may, without a
18hearing under sub. (1), place the child in a secured correctional facility or in a secure
19detention facility for not more than 30 days. The department shall send written
20notice of the change to the parent, guardian, legal custodian and committing court.
21If a child is placed in a secured correctional facility or secure detention facility under
22this subsection, the child welfare agency operating the child caring institution in
23which the child was placed shall reimburse the department of corrections at the rate
24specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, or county operating
25the secure detention facility at the rate established by that county for the cost of the
1child's care while placed in the secured correctional facility or secure detention
2facility under this subsection.
AB150-ASA,847,135
48.357
(4g) (a) Not later than 120 days after the date on which the child is
6placed in a secured correctional facility, or not less than 30 days before the date on
7which the department
of corrections determines that the child is eligible for release
8to aftercare supervision, whichever is earlier, the aftercare provider designated
9under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare
10provider designated under s. 48.34 (4n) is a county department, that county
11department shall submit the aftercare plan to the department
of corrections within
12the time limits specified in this paragraph, unless the department
of corrections 13waives those time limits under par. (b).
AB150-ASA,848,516
48.357
(4g) (b) The department
of corrections may waive the time period within
17which an aftercare plan must be prepared and submitted under par. (a) if
the that 18department anticipates that the child will remain in the secured correctional facility
19for a period exceeding 8 months, if the child is subject to extended jurisdiction under
20s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If
21the department
of corrections has waived the time period within which an aftercare
22plan must be prepared and submitted and if there will be a reasonable time period
23after release from the secured correctional facility or from corrective sanctions
24supervision during which the child may remain subject to court jurisdiction,
the that 25department shall notify the county department providing aftercare supervision of
1the anticipated release date not less than 60 days before the date on which the child
2will be eligible for release. If the department
of corrections waives the time limits
3specified under par. (a), the aftercare plan shall be prepared by
the that department
4or prepared and submitted by the county department providing aftercare
5supervision on or before the date on which the child becomes eligible for release.
AB150-ASA,848,97
48.357
(4m) The department
of corrections shall try to release a child to
8aftercare or corrective sanctions supervision under sub. (4) within 30 days after the
9date
the that department determines the child is eligible for the release.
AB150-ASA,848,1712
48.357
(5) (a) The department
of corrections or a county department,
13whichever has been designated as a child's aftercare provider under s. 48.34 (4n),
14may revoke the aftercare status of that child. The department
of corrections may
15revoke a child's placement in the community under corrective sanctions supervision.
16Revocation of aftercare or corrective sanctions supervision shall not require prior
17notice under sub. (1).
AB150-ASA,848,2520
48.357
(5) (g) The department
of corrections shall promulgate rules setting
21standards to be used by a hearing examiner to determine whether to revoke a child's
22aftercare or corrective sanctions status. The standards shall specify that the burden
23is on the department
of corrections or county department seeking revocation to show
24by a preponderance of the evidence that the child violated a condition of aftercare or
25corrective sanctions supervision.
AB150-ASA,849,122
48.357
(5m) If a proposed change in placement changes a child's placement
3from a placement in the child's home to a placement outside the child's home, the
4court shall order the child's parent to provide a statement of income, assets, debts
5and living expenses to the court or the person or agency primarily responsible for
6implementing the dispositional order by a date specified by the court. The clerk of
7court shall provide, without charge, to any parent ordered to provide a statement of
8income, assets, debts and living expenses a document setting forth the percentage
9standard established by the department
of industry, labor and human relations 10under s.
46.25 49.143 (9) and listing the factors that a court may consider under s.
1146.10 (14) (c). If the child is placed outside the child's home, the court shall determine
12the liability of the parent in the manner provided in s. 46.10 (14).
AB150-ASA,850,214
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
15court otherwise designates an alternative placement for the child by a disposition
16made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty
17of the parent or guardian or, in the case of a transfer of guardianship and custody
18under s. 48.839 (4), the duty of the former guardian to provide support shall continue
19even though the legal custodian or the placement designee may provide the support.
20A copy of the order transferring custody or designating alternative placement for the
21child shall be submitted to the agency or person receiving custody or placement and
22the agency or person may apply to the court for an order to compel the parent or
23guardian to provide the support. Support payments for residential services, when
24purchased or otherwise funded or provided by the department
of health and social
1services, the department of corrections, or a county department under s. 46.215,
246.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB150-ASA,850,113
(b) In determining the amount of support under par. (a), the court may consider
4all relevant financial information or other information relevant to the parent's
5earning capacity, including information reported to the department
of industry, labor
6and human relations, or the county child and spousal support agency, under s.
46.25 749.143 (2m). If the court has insufficient information with which to determine the
8amount of support, the court shall order the child's parent to furnish a statement of
9income, assets, debts and living expenses, if the parent has not already done so, to
10the court within 10 days after the court's order transferring custody or designating
11an alternative placement is entered or at such other time as ordered by the court.
AB150-ASA,851,1413
48.363
(1) A child, the child's parent, guardian or legal custodian, any person
14or agency bound by a dispositional order or the district attorney or corporation
15counsel in the county in which the dispositional order was entered may request a
16revision in the order that does not involve a change in placement, including a revision
17with respect to the amount of child support to be paid by a parent, or the court may
18on its own motion propose such a revision. The request or court proposal shall set
19forth in detail the nature of the proposed revision and what new information is
20available that affects the advisability of the court's disposition. The request or court
21proposal shall be submitted to the court. The court shall hold a hearing on the matter
22if the request or court proposal indicates that new information is available which
23affects the advisability of the court's dispositional order and prior to any revision of
24the dispositional order, unless written waivers of objections to the revision are signed
25by all parties entitled to receive notice and the court approves. If a hearing is held,
1the court shall notify the parent, child, guardian and legal custodian, all parties
2bound by the dispositional order and the district attorney or corporation counsel in
3the county in which the dispositional order was entered at least 3 days prior to the
4hearing. A copy of the request or proposal shall be attached to the notice. If the
5proposed revision is for a change in the amount of child support to be paid by a parent,
6the court shall order the child's parent to provide a statement of income, assets, debts
7and living expenses to the court and the person or agency primarily responsible for
8implementing the dispositional order by a date specified by the court. The clerk of
9court shall provide, without charge, to any parent ordered to provide a statement of
10income, assets, debts and living expenses a document setting forth the percentage
11standard established by the department
of industry, labor and human relations 12under s.
46.25 49.143 (9) and listing the factors that a court may consider under s.
1346.10 (14) (c). If all parties consent, the court may proceed immediately with the
14hearing. No revision may extend the effective period of the original order.
AB150-ASA,851,2117
48.365
(7) Nothing in this section may be construed to allow any changes in
18placement or revocation of aftercare
, or corrective sanctions
or youthful offender
19supervision. Revocation and other changes in placement may take place only under
20s. 48.357
or, for a child who is a participant in the youthful offender program, s.
2148.537.
AB150-ASA,852,324
48.365
(7) Nothing in this section may be construed to allow any changes in
25placement or revocation of aftercare, corrective sanctions or serious juvenile offender
1supervision. Revocation and other changes in placement may take place only under
2s. 48.357 or, for a child who is a participant in the serious juvenile offender program,
3s. 48.538.
AB150-ASA,852,106
48.366
(1) (a) (intro.)
If Subject to par. (c), if the person committed any crime
7specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
8948.04, is adjudged delinquent on that basis and is placed in a secured correctional
9facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
10as follows:
AB150-ASA,852,1612
48.366
(1) (b)
If Subject to par. (c), if the person committed a crime specified in
13s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
14delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
15shall enter an order extending its jurisdiction until the person reaches 21 years of
16age or until termination of the order under sub. (6), whichever occurs earlier.
AB150-ASA,852,1918
48.366
(1) (c) A court may not enter an order extending its jurisdiction as
19provided in par. (a) or (b) with respect to any violation committed after June 30, 1996.
AB150-ASA,852,2322
48.366
(5) (a) 2. The department
of corrections or county department ordered
23under s. 48.34 (4n) to provide aftercare supervision of the person.