Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,523,23 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any county may establish a secured group home or a secure detention facility in accordance with ss. 301.36 and 301.37, the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility in accordance with ss. 46.20, 301.36 and 301.37 or the county boards of supervisors for 2 or more, but not more than 5, counties may jointly establish a secured group home in accordance with ss. 46.20, 301.36 and 301.37. The county board of supervisors of any county may establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16 and 46.17 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.17 and 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

AB133-ASA1-AA2, s. 3134d Section 3134d. 938.22 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,524,7 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of a public secured group home, secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secured group home, secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

AB133-ASA1-AA2, s. 3135d Section 3135d. 938.22 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,524,13 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of a public secured group home, secure detention facility and the detention section of the children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

AB133-ASA1-AA2, s. 3136d Section 3136d. 938.22 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,525,2 938.22 (2) (a) Counties shall submit plans for the secured group home, secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secured group homes, secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these placed in those facilities.

AB133-ASA1-AA2, s. 3137d Section 3137d. 938.22 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,525,12 938.22 (3) (a) In counties having a population of less than 500,000, public secured group homes, secure detention facilities and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secured group homes, secure detention facilities or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention or shelter care placed in those facilities, subject to par. (am) and to civil service regulations in counties having civil service.

AB133-ASA1-AA2, s. 3138d Section 3138d. 938.22 (3) (b) of the statutes is amended to read:

AB133-ASA1-AA2,525,19 938.22 (3) (b) In counties having a population of 500,000 or more, the director of the children's court center shall be in charge of and responsible for public secured group homes, secure detention facilities, the secure detention section of the center and the personnel assigned to this section, including a detention supervisor or superintendent. The director of the children's court center may also serve as superintendent of detention if the county board of supervisors so determines.

AB133-ASA1-AA2, s. 3139d Section 3139d. 938.22 (7) (a) of the statutes is amended to read:

AB133-ASA1-AA2,526,2 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB133-ASA1-AA2, s. 3140d Section 3140d. 938.22 (7) (b) of the statutes is amended to read:

AB133-ASA1-AA2,526,11 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee under this paragraph by the continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB133-ASA1-AA2, s. 3141d Section 3141d. 938.22 (7) (c) of the statutes is amended to read:

AB133-ASA1-AA2,526,17 938.22 (7) (c) A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) and that fails to pay the fee under par. (b) by the continuation date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

AB133-ASA1-AA2, s. 3142d Section 3142d. 938.23 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,527,2 938.23 (1) (a) Any juvenile alleged to be delinquent under s. 938.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a secured correctional facility, a secured child caring institution or a secured group home, transfer supervision of the juvenile to the department for participation in the serious juvenile offender program or transfer jurisdiction over the juvenile to adult court.".

AB133-ASA1-AA2,527,3 1009. Page 1431, line 22: after that line insert:

AB133-ASA1-AA2,527,4 " Section 3130m. 938.20 (8) of the statutes is amended to read:

AB133-ASA1-AA2,527,23 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts and of the time and place of the detention hearing required under s. 938.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, the right to counsel under s. 938.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian or legal custodian.

AB133-ASA1-AA2, s. 3131m Section 3131m. 938.21 (3) (d) of the statutes is amended to read:

AB133-ASA1-AA2,528,6 938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 938.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-ASA1-AA2, s. 3142g Section 3142g. 938.23 (2) of the statutes is created to read:

AB133-ASA1-AA2,528,10 938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or services under s. 938.13, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel.

AB133-ASA1-AA2,528,19 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the juvenile may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the juvenile outside the home even though the parent was not represented by counsel.

AB133-ASA1-AA2, s. 3142m Section 3142m. 938.23 (3) of the statutes is amended to read:

AB133-ASA1-AA2,528,25 938.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 938.13, at At any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the juvenile in a proceeding under s. 938.13.

AB133-ASA1-AA2, s. 3142p Section 3142p. 938.23 (4) of the statutes is amended to read:

AB133-ASA1-AA2,529,17 938.23 (4) Providing counsel. In any situation under this section in which a person juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person juvenile to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. In any situation under sub. (2) in which a parent 18 years of age or over is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified in s. 977.01 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.".

AB133-ASA1-AA2,529,18 1010. Page 1432, line 21: after that line insert:

AB133-ASA1-AA2,529,19 " Section 3142r. 938.243 (1) (e) of the statutes is amended to read:

AB133-ASA1-AA2,529,20 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.".

AB133-ASA1-AA2,529,21 1011. Page 1434, line 2: after that line insert:

AB133-ASA1-AA2,529,22 " Section 3148m. 938.27 (4) (b) of the statutes is amended to read:

AB133-ASA1-AA2,529,24 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-ASA1-AA2,530,1 1012. Page 1435, line 2: after that line insert:

AB133-ASA1-AA2,530,2 " Section 3151d. 938.33 (3) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,530,10 938.33 (3) Correctional placement reports. (intro.) A report recommending placement of a juvenile in a secured correctional facility under the supervision of the department or, a secured child caring institution or a secured group home shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following:

AB133-ASA1-AA2, s. 3152d Section 3152d. 938.33 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,530,17 938.33 (3) (a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, the report shall indicate that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate.

AB133-ASA1-AA2, s. 3153d Section 3153d. 938.33 (3r) of the statutes is amended to read:

AB133-ASA1-AA2,531,4 938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a secured correctional facility or a secured group home under s. 938.34 (4m), a placement specified in s. 938.34 (3) or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.".

AB133-ASA1-AA2,531,5 1013. Page 1435, line 3: after that line insert:

AB133-ASA1-AA2,531,6 " Section 3155d. 938.34 (4m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,531,14 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department, unless the department, after an examination under s. 938.50, determines that placement in a secured correctional facility is more appropriate, but only if all of the following apply:

AB133-ASA1-AA2, s. 3156d Section 3156d. 938.34 (4n) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,531,22 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility or, a secured child caring institution or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility or, secured child caring institution or secured group home:

AB133-ASA1-AA2, s. 3157d Section 3157d. 938.34 (4n) (b) of the statutes is amended to read:

AB133-ASA1-AA2,532,3 938.34 (4n) (b) The county department of the county of the court that placed the juvenile in the secured correctional facility or, secured child caring institution or secured group home.".

AB133-ASA1-AA2,532,4 1014. Page 1435, line 8: after that line insert:

AB133-ASA1-AA2,532,5 " Section 3160d. 938.34 (8d) (c) of the statutes is amended to read:

AB133-ASA1-AA2,532,10 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or, a secured child caring institution or a secured group home fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB133-ASA1-AA2, s. 3162d Section 3162d. 938.345 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,532,14 938.345 (1) (a) Place the juvenile in the serious juvenile offender program, a secured correctional facility or, a secured child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3163d Section 3163d. 938.355 (1) of the statutes is amended to read:

AB133-ASA1-AA2,533,5 938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in s. 938.01. If the disposition places a juvenile who has been adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall include a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. If the judge has determined that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate. If information under s. 938.331 has been provided in a court report under s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

AB133-ASA1-AA2, s. 3164d Section 3164d. 938.357 (3) of the statutes is amended to read:

AB133-ASA1-AA2,533,16 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility or in, a secured child caring institution or a secured group home, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

AB133-ASA1-AA2, s. 3166d Section 3166d. 938.357 (4g) (a) of the statutes is amended to read:

AB133-ASA1-AA2,534,2 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a secured correctional facility or, a secured child caring institution or a secured group home, or within 30 days after the date on which the department 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 aftercare provider designated under s. 938.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB133-ASA1-AA2, s. 3167d Section 3167d. 938.357 (4g) (b) of the statutes is amended to read:

AB133-ASA1-AA2,534,11 938.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or, secured child caring institution or secured group home for a period exceeding 8 months or if the juvenile is subject to s. 48.366 or 938.183. If the department waives that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.

AB133-ASA1-AA2, s. 3168d Section 3168d. 938.357 (4g) (d) of the statutes is amended to read:

AB133-ASA1-AA2,534,15 938.357 (4g) (d) A juvenile may be released from a secured correctional facility or, a secured child caring institution or a secured group home whether or not an aftercare plan has been prepared under this subsection.

AB133-ASA1-AA2, s. 3169d Section 3169d. 938.357 (5) (e) of the statutes is amended to read:

AB133-ASA1-AA2,534,21 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or, a secured child caring institution or a secured group home is necessary to protect the public, to provide for the juvenile's rehabilitation or to not depreciate the seriousness of the violation.

AB133-ASA1-AA2, s. 3170d Section 3170d. 938.357 (5) (f) of the statutes is amended to read:

AB133-ASA1-AA2,534,25 938.357 (5) (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or, a secured child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3171d Section 3171d. 938.38 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,535,10 938.38 (3) (a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility or, a secured child caring institution or a secured group home, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility or, a secured child caring institution or a secured group home, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB133-ASA1-AA2, s. 3173d Section 3173d. 938.51 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,535,18 938.51 (1) (intro.) At least 15 days prior to the date of release from a secured correctional facility or, a secured child caring institution or a secured group home of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

AB133-ASA1-AA2, s. 3174d Section 3174d. 938.51 (1m) of the statutes is amended to read:

AB133-ASA1-AA2,536,3 938.51 (1m) The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility or, from , a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB133-ASA1-AA2, s. 3175d Section 3175d. 938.51 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,536,15 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution, home or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified period of time and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:".

AB133-ASA1-AA2,536,16 1015. Page 1435, line 8: after that line insert:

AB133-ASA1-AA2,536,17 " Section 3171m. 938.396 (9) of the statutes is amended to read:

AB133-ASA1-AA2,536,24 938.396 (9) Notwithstanding sub. (2) (a), if a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (7) (a) (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a.".

AB133-ASA1-AA2,537,1 1016. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,537,3 " Section 3176m. 938.983 (title) of the statutes is renumbered 254.92 (title) and amended to read:

AB133-ASA1-AA2,537,5 254.92 (title) Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.

AB133-ASA1-AA2, s. 3176n Section 3176n. 938.983 (1) of the statutes is repealed.

AB133-ASA1-AA2, s. 3176p Section 3176p. 938.983 (2) (intro.), (a) and (c) of the statutes are consolidated, renumbered 254.92 (2) (intro.) and amended to read:

AB133-ASA1-AA2,537,12 254.92 (2) (intro.) Except as provided in sub. (3), no No person under 18 years of age may do any of the following: (a) Buy or purchase, attempt to buy any cigarette or tobacco product. (c) Possess purchase or possess any cigarette or tobacco product. except as follows:

AB133-ASA1-AA2, s. 3176q Section 3176q. 938.983 (2) (b) of the statutes is renumbered 254.92 (1) and amended to read:

AB133-ASA1-AA2,537,16 254.92 (1) Falsely No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.