Amendment SA3-AB410

LRBa1583/4

GMM:jlg:ijs

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 3, TO 1997 ASSEMBLY BILL 410

March 19, 1998 - Offered by Senators Roessler and C. Potter.

AB410-SA3,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB410-SA3,1,7 1. Page 2, line 21: delete lines 21 to 23 and substitute "dispositional order, the authority to take into custody and hold in short-term detention a juvenile who has violated a condition of his or her dispositional order, aftercare supervision or participation in an intensive supervision program, the rules of evidence at postdispositional hearings".

AB410-SA3,1,8 2. Page 15, line 14: delete lines 14 to 24 and substitute:

AB410-SA3,1,9 " Section 35m. 938.067 (8m) of the statutes is created to read:

AB410-SA3,1,11 938.067 (8m) Take juveniles into custody under ss. 938.355 (6d) (a), (b) and (c) and 938.534 (1) (b) and (c).

AB410-SA3, s. 36m Section 36m. 938.069 (1) (dm) of the statutes is created to read:

AB410-SA3,2,2 938.069 (1) (dm) Take juveniles into custody under ss. 938.355 (6d) (a), (b) and (c) and 938.534 (1) (b) and (c).

AB410-SA3, s. 37m Section 37m. 938.08 (2) of the statutes is amended to read:

AB410-SA3,2,10 938.08 (2) Except as provided in sub. (3) and ss. 938.355 (6d) and 938.534 (1), any person authorized to provide or providing intake or dispositional services for the court under ss. s. 938.067 and or 938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.".

AB410-SA3,2,11 3. Page 20, line 13: after that line insert:

AB410-SA3,2,12 " Section 46m. 938.275 (1) (c) of the statutes is amended to read:

AB410-SA3,2,19 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure detention facility or place of nonsecure custody under s. 938.355 (6d) (a), (b) or (c) or 938.534 (1) (b) or (c), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.".

AB410-SA3,2,20 4. Page 27, line 4: delete lines 4 to 24.

AB410-SA3,2,21 5. Page 28, line 1: delete lines 1 to 23 and substitute:

AB410-SA3,2,23 " Section 63m. 938.355 (6d) (title) of the statutes is repealed and recreated to read:

AB410-SA3,2,24 938.355 (6d) (title) Short-term detention.

AB410-SA3, s. 64d Section 64d. 938.355 (6d) of the statutes is renumbered 938.355 (6d) (a) 1. and amended to read:

AB410-SA3,3,19 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection subdivision, 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 secure 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 the caseworker that person for not more than 72 hours while the alleged violation is and the appropriateness of a sanction under sub. (6) are being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

AB410-SA3,4,10 (c) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection subdivision, if a juvenile who has been found to be in need of protection or services under s. 938.13 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 place of nonsecure custody designated by the caseworker that person for not more than 72 hours while the alleged violation is and the appropriateness of a sanction under sub. (6) or (6m) are being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

AB410-SA3,4,18 (d) (title) Hearing; when required. If a juvenile is held under par. (a), (b) or (c) in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6) or s. 938.21, except that for a hearing under s. 938.21 the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

AB410-SA3, s. 64f Section 64f. 938.355 (6d) (a) (title) of the statutes is created to read:

AB410-SA3,4,20 938.355 (6d) (a) (title) Violation of delinquency order.

AB410-SA3, s. 64h Section 64h. 938.355 (6d) (a) 2. of the statutes is created to read:

AB410-SA3,5,18 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, 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 secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department 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, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. 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 shall either approve the placement or order the juvenile to be released from custody.

AB410-SA3, s. 64j Section 64j. 938.355 (6d) (a) 3. of the statutes is created to read:

AB410-SA3,5,24 938.355 (6d) (a) 3. A juvenile may be taken into and held in custody under both subds. 1. and 2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under subds. 1. and 2. in connection with the same course of conduct unless the juvenile receives a hearing under par. (d).

AB410-SA3, s. 64m Section 64m. 938.355 (6d) (b) of the statutes is created to read:

AB410-SA3,6,18 938.355 (6d) (b) Violation of condition of county aftercare supervision. 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (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 the taking into custody and placement of a juvenile under this subdivision, 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 secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department 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, if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

AB410-SA3,7,17 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (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 the taking into custody and placement of a juvenile under this subdivision, 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 secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department 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, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. 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 shall either approve the placement of the juvenile or order the juvenile to be released from custody.

AB410-SA3,7,21 3. A juvenile may be taken into and held in custody under both subds. 1. and 2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under subds. 1. and 2. in connection with the same course of conduct unless the juvenile receives a hearing under par. (d).

AB410-SA3, s. 64p Section 64p. 938.355 (6d) (c) (title) of the statutes is created to read:

AB410-SA3,7,23 938.355 (6d) (c) (title) Violation of protection or services order.

AB410-SA3, s. 64r Section 64r. 938.355 (6d) (c) 2. of the statutes is created to read:

AB410-SA3,8,22 938.355 (6d) (c) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been found to be in need of protection or services under s. 938.13 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 place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. 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 shall either approve the placement or order the juvenile to be released from custody.

AB410-SA3, s. 64t Section 64t. 938.355 (6d) (c) 3. of the statutes is created to read:

AB410-SA3,9,3 938.355 (6d) (c) 3. A juvenile may be taken into and held in custody under both subds. 1. and 2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under subds. 1. and 2. in connection with the same course of conduct unless the juvenile receives a hearing under par. (d).".

AB410-SA3,9,4 6. Page 30, line 11: after that line insert:

AB410-SA3,9,5 " Section 67m. 938.357 (5) (b) of the statutes is amended to read:

AB410-SA3,9,7 938.357 (5) (b) A juvenile on aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21 and 938.355 (6d) (b).".

AB410-SA3,9,8 7. Page 40, line 18: after that line insert:

AB410-SA3,9,9 " Section 88m. 938.534 (1) of the statutes is amended to read:

AB410-SA3,9,19 938.534 (1) (a) A county department may provide an intensive supervision program for juveniles who have been adjudicated delinquent and ordered to participate in an intensive supervision program under s. 938.34 (2r). A county department that provides an intensive supervision program shall purchase or provide intensive surveillance and community-based treatment services for participants in that program and may purchase or provide electronic monitoring for the intensive surveillance of program participants. A caseworker providing services under an intensive supervision program may have a case load of no more than 10 juveniles and shall have not less than one face-to-face contact per day with each juvenile who is assigned to that caseworker.

AB410-SA3,9,24 (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection subdivision, if a juvenile violates a condition of the juvenile's participation in the program, 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 secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation is and the appropriateness of a sanction under s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

AB410-SA3,10,23 (c) Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection paragraph, the juvenile's caseworker may also, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as crisis intervention, if the juvenile is in need of crises crisis intervention and, if at the dispositional hearing the court informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

AB410-SA3,11,6 (d) If the juvenile is held under par. (b) 1. or 2. in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall be conducted in the manner provided in s. 938.21, except that the hearing shall be conducted within 72 hours, rather than 24 hours, after the end of the day that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

AB410-SA3, s. 88p Section 88p. 938.534 (1) (b) 2. of the statutes is created to read: