AB133-ASA1-AA2, s. 3137d 3Section 3137d. 938.22 (3) (a) of the statutes is amended to read:
AB133-ASA1-AA2,525,124 938.22 (3) (a) In counties having a population of less than 500,000, public
5secured group homes, secure detention facilities and public shelter care facilities
6shall be in the charge of a superintendent. The county board of supervisors or, where
72 or more counties operate joint public secured group homes, secure detention
8facilities or public shelter care facilities, the county boards of supervisors for the 2
9or more counties jointly shall appoint the superintendent and other necessary
10personnel for the care and education of the juveniles in secure detention or shelter
11care
placed in those facilities, subject to par. (am) and to civil service regulations in
12counties having civil service.
AB133-ASA1-AA2, s. 3138d 13Section 3138d. 938.22 (3) (b) of the statutes is amended to read:
AB133-ASA1-AA2,525,1914 938.22 (3) (b) In counties having a population of 500,000 or more, the director
15of the children's court center shall be in charge of and responsible for public secured
16group homes,
secure detention facilities, the secure detention section of the center
17and the personnel assigned to this section, including a detention supervisor or
18superintendent. The director of the children's court center may also serve as
19superintendent of detention if the county board of supervisors so determines.
AB133-ASA1-AA2, s. 3139d 20Section 3139d. 938.22 (7) (a) of the statutes is amended to read:
AB133-ASA1-AA2,526,221 938.22 (7) (a) No person may establish a shelter care facility without first
22obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to
23operate a shelter care facility, a person must meet the minimum requirements for a
24license established by the department of health and family services under s. 48.67,
25meet the requirements specified in s. 48.685 and pay the license fee under par. (b).

1A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until
2revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB133-ASA1-AA2, s. 3140d 3Section 3140d. 938.22 (7) (b) of the statutes is amended to read:
AB133-ASA1-AA2,526,114 938.22 (7) (b) Before the department of health and family services may issue
5a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility
6must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15
7per juvenile, based on the number of juveniles that the shelter care facility is licensed
8to serve. A shelter care facility that wishes to continue a license issued under s. 48.66
9(1) (a) shall pay the fee under this paragraph by the continuation date of the license.
10A new shelter care facility shall pay the fee under this paragraph by no later than
1130 days before the opening of the shelter care facility.
AB133-ASA1-AA2, s. 3141d 12Section 3141d. 938.22 (7) (c) of the statutes is amended to read:
AB133-ASA1-AA2,526,1713 938.22 (7) (c) A shelter care facility that wishes to continue a license issued
14under s. 48.66 (1) (a) and that fails to pay the fee under par. (b) by the continuation
15date of the license or a new shelter care facility that fails to pay the fee under par.
16(b) by 30 days before the opening of the shelter care facility shall pay an additional
17fee of $5 per day for every day after the deadline that the facility fails to pay the fee.
AB133-ASA1-AA2, s. 3142d 18Section 3142d. 938.23 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,527,219 938.23 (1) (a) Any juvenile alleged to be delinquent under s. 938.12 or held in
20a secure detention facility shall be represented by counsel at all stages of the
21proceedings, but a juvenile 15 years of age or older may waive counsel if the court is
22satisfied that the waiver is knowingly and voluntarily made and the court accepts
23the waiver. If the waiver is accepted, the court may not place the juvenile in a secured
24correctional facility, a secured child caring institution or a secured group home,

1transfer supervision of the juvenile to the department for participation in the serious
2juvenile offender program or transfer jurisdiction over the juvenile to adult court.".
AB133-ASA1-AA2,527,3 31009. Page 1431, line 22: after that line insert:
AB133-ASA1-AA2,527,4 4" Section 3130m. 938.20 (8) of the statutes is amended to read:
AB133-ASA1-AA2,527,235 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the
6juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile
7in custody and of the juvenile's whereabouts unless there is reason to believe that
8notice would present imminent danger to the juvenile. If a juvenile who has violated
9the terms of aftercare supervision administered by the department or a county
10department is held in custody, the intake worker shall also notify the department or
11county department, whichever has supervision over the juvenile, of the reasons for
12holding the juvenile in custody, of the juvenile's whereabouts and of the time and
13place of the detention hearing required under s. 938.21. The parent, guardian and
14legal custodian shall also be notified of the time and place of the detention hearing
15required under s. 938.21, the nature and possible consequences of that hearing, the
16right to counsel under s. 938.23 regardless of ability to pay
and the right to present
17and cross-examine witnesses at the hearing. If the parent, guardian or legal
18custodian is not immediately available, the intake worker or another person
19designated by the court shall provide notice as soon as possible. When the juvenile
20is alleged to have committed a delinquent act, the juvenile shall receive the same
21notice about the detention hearing as the parent, guardian or legal custodian. The
22intake worker shall notify both the juvenile and the juvenile's parent, guardian or
23legal custodian.
AB133-ASA1-AA2, s. 3131m 24Section 3131m. 938.21 (3) (d) of the statutes is amended to read:
AB133-ASA1-AA2,528,6
1938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian
2or legal custodian shall be informed by the court of the allegations that have been
3made or may be made, the nature and possible consequences of this hearing as
4compared to possible future hearings, the right to counsel under s. 938.23 regardless
5of ability to pay,
the right to confront and cross-examine witnesses and the right to
6present witnesses.
AB133-ASA1-AA2, s. 3142g 7Section 3142g. 938.23 (2) of the statutes is created to read:
AB133-ASA1-AA2,528,108 938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or
9services under s. 938.13, any parent under 18 years of age who appears before the
10court shall be represented by counsel; but no such parent may waive counsel.
AB133-ASA1-AA2,528,1911 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside
12his or her home unless the nonpetitioning parent is represented by counsel at the
13fact-finding hearing and subsequent proceedings. If the petition is not contested,
14the juvenile may not be placed outside his or her home unless the nonpetitioning
15parent is represented by counsel at the hearing at which the placement is made. A
16parent who is required under this paragraph to be represented by counsel may,
17however, waive counsel if the court is satisfied that such waiver is knowingly and
18voluntarily made, and the court may place the juvenile outside the home even though
19the parent was not represented by counsel.
AB133-ASA1-AA2, s. 3142m 20Section 3142m. 938.23 (3) of the statutes is amended to read:
AB133-ASA1-AA2,528,2521 938.23 (3) Power of the court to appoint counsel. Except in proceedings
22under s. 938.13, at
At any time, upon request or on its own motion, the court may
23appoint counsel for the juvenile or any party, unless the juvenile or the party has or
24wishes to retain counsel of his or her own choosing. The court may not appoint
25counsel for any party other than the juvenile in a proceeding under s. 938.13.
AB133-ASA1-AA2, s. 3142p
1Section 3142p. 938.23 (4) of the statutes is amended to read:
AB133-ASA1-AA2,529,172 938.23 (4) Providing counsel. In any situation under this section in which a
3person juvenile has a right to be represented by counsel or is provided counsel at the
4discretion of the court and counsel is not knowingly and voluntarily waived, the court
5shall refer the person juvenile to the state public defender and counsel shall be
6appointed by the state public defender under s. 977.08 without a determination of
7indigency. In any situation under sub. (2) in which a parent 18 years of age or over
8is entitled to representation by counsel; counsel is not knowingly and voluntarily
9waived; and it appears that the parent is unable to afford counsel in full, or the parent
10so indicates; the court shall refer the parent to the authority for indigency
11determinations specified in s. 977.01 (1).
In any other situation under this section
12in which a person has a right to be represented by counsel or is provided counsel at
13the discretion of the court, competent and independent counsel shall be provided and
14reimbursed in any manner suitable to the court regardless of the person's ability to
15pay, except that the court may not order a person who files a petition under s. 813.122
16or 813.125 to reimburse counsel for the juvenile who is named as the respondent in
17that petition.".
AB133-ASA1-AA2,529,18 181010. Page 1432, line 21: after that line insert:
AB133-ASA1-AA2,529,19 19" Section 3142r. 938.243 (1) (e) of the statutes is amended to read:
AB133-ASA1-AA2,529,2020 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.".
AB133-ASA1-AA2,529,21 211011. Page 1434, line 2: after that line insert:
AB133-ASA1-AA2,529,22 22" Section 3148m. 938.27 (4) (b) of the statutes is amended to read:
AB133-ASA1-AA2,529,2423 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or
24her right to legal counsel regardless of ability to pay.".
AB133-ASA1-AA2,530,1
11012. Page 1435, line 2: after that line insert:
AB133-ASA1-AA2,530,2 2" Section 3151d. 938.33 (3) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,530,103 938.33 (3) Correctional placement reports. (intro.) A report recommending
4placement of a juvenile in a secured correctional facility under the supervision of the
5department or
, a secured child caring institution or a secured group home shall be
6in writing, except that the report may be presented orally at the dispositional
7hearing if the juvenile and the juvenile's counsel consent. A report that is presented
8orally shall be transcribed and made a part of the court record. In addition to the
9information specified under sub. (1) (a) to (d), the report shall include all of the
10following:
AB133-ASA1-AA2, s. 3152d 11Section 3152d. 938.33 (3) (a) of the statutes is amended to read:
AB133-ASA1-AA2,530,1712 938.33 (3) (a) A description of any less restrictive alternatives that are
13available and that have been considered, and why they have been determined to be
14inappropriate. If the judge has found that any of the conditions specified in s. 938.34
15(4m) (b) 1., 2. or 3. applies, the report shall indicate that a less restrictive alternative
16than placement in a secured correctional facility or, a secured child caring institution
17or a secured group home is not appropriate.
AB133-ASA1-AA2, s. 3153d 18Section 3153d. 938.33 (3r) of the statutes is amended to read:
AB133-ASA1-AA2,531,419 938.33 (3r) Serious juvenile offender report. If a juvenile has been
20adjudicated delinquent for committing a violation for which the juvenile may be
21placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
22shall be in writing and, in addition to the information specified in sub. (1) and in sub.
23(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
24placement in the serious juvenile offender program under s. 938.34 (4h) or in a

1secured correctional facility or a secured group home under s. 938.34 (4m), a
2placement specified in s. 938.34 (3) or placement in the juvenile's home with
3supervision and community-based programming and a recommendation as to the
4type of placement for which the juvenile is best suited.".
AB133-ASA1-AA2,531,5 51013. Page 1435, line 3: after that line insert:
AB133-ASA1-AA2,531,6 6" Section 3155d. 938.34 (4m) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,531,147 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a secured
8correctional facility or a secured child caring institution under the supervision of the
9department or in a secured group home under the supervision of a county
10department
if the juvenile is 12 years of age or over or, if the juvenile is under 12 years
11of age, in a secured child caring institution under the supervision of the department
12or in a secured group home under the supervision of a county department, unless the
13department, after an examination under s. 938.50, determines that placement in a
14secured correctional facility is more appropriate, but only if all of the following apply:
AB133-ASA1-AA2, s. 3156d 15Section 3156d. 938.34 (4n) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,531,2216 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any
17arrangement between the department and a county department regarding the
18provision of aftercare supervision for juveniles who have been released from a
19secured correctional facility or, a secured child caring institution or a secured group
20home
, designate one of the following to provide aftercare supervision for the juvenile
21following the juvenile's release from the secured correctional facility or, secured child
22caring institution or secured group home:
AB133-ASA1-AA2, s. 3157d 23Section 3157d. 938.34 (4n) (b) of the statutes is amended to read:
AB133-ASA1-AA2,532,3
1938.34 (4n) (b) The county department of the county of the court that placed
2the juvenile in the secured correctional facility or, secured child caring institution or
3secured group home
.".
AB133-ASA1-AA2,532,4 41014. Page 1435, line 8: after that line insert:
AB133-ASA1-AA2,532,5 5" Section 3160d. 938.34 (8d) (c) of the statutes is amended to read:
AB133-ASA1-AA2,532,106 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or, a secured
7child caring institution or a secured group home fails to pay the surcharge under par.
8(a), the department shall assess and collect the amount owed from the juvenile's
9wages or other moneys. Any amount collected shall be transmitted to the state
10treasurer.
AB133-ASA1-AA2, s. 3162d 11Section 3162d. 938.345 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,532,1412 938.345 (1) (a) Place the juvenile in the serious juvenile offender program, a
13secured correctional facility or, a secured child caring institution or a secured group
14home
.
AB133-ASA1-AA2, s. 3163d 15Section 3163d. 938.355 (1) of the statutes is amended to read:
AB133-ASA1-AA2,533,516 938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall
17decide on a placement and treatment finding based on evidence submitted to the
18court. The disposition shall employ those means necessary to promote the objectives
19specified in s. 938.01. If the disposition places a juvenile who has been adjudicated
20delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall include a
21finding that the juvenile's current residence will not safeguard the welfare of the
22juvenile or the community due to the serious nature of the act for which the juvenile
23was adjudicated delinquent. If the judge has determined that any of the conditions
24specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, that determination shall be prima

1facie evidence that a less restrictive alternative than placement in a secured
2correctional facility or, a secured child caring institution or a secured group home is
3not appropriate. If information under s. 938.331 has been provided in a court report
4under s. 938.33 (1), the court shall consider that information when deciding on a
5placement and treatment finding.
AB133-ASA1-AA2, s. 3164d 6Section 3164d. 938.357 (3) of the statutes is amended to read:
AB133-ASA1-AA2,533,167 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in
8placement would involve placing a juvenile in a secured correctional facility or in, a
9secured child caring institution or a secured group home, notice shall be given as
10provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent,
11guardian and legal custodian, before the judge makes a decision on the request. The
12juvenile shall be entitled to counsel at the hearing, and any party opposing or
13favoring the proposed new placement may present relevant evidence and
14cross-examine witnesses. The proposed new placement may be approved only if the
15judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been
16met.
AB133-ASA1-AA2, s. 3166d 17Section 3166d. 938.357 (4g) (a) of the statutes is amended to read:
AB133-ASA1-AA2,534,218 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile
19is placed in a secured correctional facility or, a secured child caring institution or a
20secured group home
, or within 30 days after the date on which the department
21requests the aftercare plan, whichever is earlier, the aftercare provider designated
22under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare
23provider designated under s. 938.34 (4n) is a county department, that county
24department shall submit the aftercare plan to the department within the time limits

1specified in this paragraph, unless the department waives those time limits under
2par. (b).
AB133-ASA1-AA2, s. 3167d 3Section 3167d. 938.357 (4g) (b) of the statutes is amended to read:
AB133-ASA1-AA2,534,114 938.357 (4g) (b) The department may waive the time period within which an
5aftercare plan must be prepared and submitted under par. (a) if the department
6anticipates that the juvenile will remain in the secured correctional facility or,
7secured child caring institution or secured group home for a period exceeding 8
8months or if the juvenile is subject to s. 48.366 or 938.183. If the department waives
9that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare
10the aftercare plan within 30 days after the date on which the department requests
11the aftercare plan.
AB133-ASA1-AA2, s. 3168d 12Section 3168d. 938.357 (4g) (d) of the statutes is amended to read:
AB133-ASA1-AA2,534,1513 938.357 (4g) (d) A juvenile may be released from a secured correctional facility
14or, a secured child caring institution or a secured group home whether or not an
15aftercare plan has been prepared under this subsection.
AB133-ASA1-AA2, s. 3169d 16Section 3169d. 938.357 (5) (e) of the statutes is amended to read:
AB133-ASA1-AA2,534,2117 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a
18condition of aftercare supervision, the hearing examiner shall determine whether
19confinement in a secured correctional facility or, a secured child caring institution
20or a secured group home is necessary to protect the public, to provide for the juvenile's
21rehabilitation or to not depreciate the seriousness of the violation.
AB133-ASA1-AA2, s. 3170d 22Section 3170d. 938.357 (5) (f) of the statutes is amended to read:
AB133-ASA1-AA2,534,2523 938.357 (5) (f) Review of a revocation decision shall be by certiorari to the court
24by whose order the juvenile was placed in a secured correctional facility or, a secured
25child caring institution or a secured group home.
AB133-ASA1-AA2, s. 3171d
1Section 3171d. 938.38 (3) (a) of the statutes is amended to read:
AB133-ASA1-AA2,535,102 938.38 (3) (a) If the juvenile is alleged to be delinquent and is being held in a
3secure detention facility, juvenile portion of a county jail or shelter care facility, and
4the agency intends to recommend that the juvenile be placed in a secured
5correctional facility or, a secured child caring institution or a secured group home,
6the agency is not required to submit the permanency plan unless the court does not
7accept the recommendation of the agency. If the court places the juvenile in any
8facility outside of the juvenile's home other than a secured correctional facility or, a
9secured child caring institution or a secured group home, the agency shall file the
10permanency plan with the court within 60 days after the date of disposition.
AB133-ASA1-AA2, s. 3173d 11Section 3173d. 938.51 (1) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,535,1812 938.51 (1) (intro.) At least 15 days prior to the date of release from a secured
13correctional facility or, a secured child caring institution or a secured group home of
14a juvenile who has been adjudicated delinquent and at least 15 days prior to the
15release from the supervision of the department or a county department of a juvenile
16who has been adjudicated delinquent, the department or county department having
17supervision over the juvenile shall make a reasonable attempt to do all of the
18following:
AB133-ASA1-AA2, s. 3174d 19Section 3174d. 938.51 (1m) of the statutes is amended to read:
AB133-ASA1-AA2,536,320 938.51 (1m) The department or county department having supervision over a
21juvenile described in sub. (1) shall determine the local agencies that it will notify
22under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's
23intended residence specified in the juvenile's aftercare supervision plan or, if those
24methods do not indicate the community in which the juvenile will reside following
25release from a secured correctional facility or, from , a secured child caring institution

1or a secured group home or from the supervision of the department or county
2department, the community in which the juvenile states that he or she intends to
3reside.
AB133-ASA1-AA2, s. 3175d 4Section 3175d. 938.51 (4) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,536,155 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from
6a secured correctional facility, child caring institution, secured group home,
7inpatient facility, secure detention facility or juvenile portion of a county jail, or from
8the custody of a peace officer or a guard of such a facility, institution, home or jail,
9or has been allowed to leave a secured correctional facility, child caring institution,
10secured group home, inpatient facility, secure detention facility or juvenile portion
11of a county jail for a specified period of time and is absent from the facility, institution,
12home
or jail for more than 12 hours after the expiration of the specified period, as
13soon as possible after the department or county department having supervision over
14the juvenile discovers that escape or absence, that department or county department
15shall make a reasonable attempt to notify by telephone all of the following persons:".
AB133-ASA1-AA2,536,16 161015. Page 1435, line 8: after that line insert:
AB133-ASA1-AA2,536,17 17" Section 3171m. 938.396 (9) of the statutes is amended to read:
AB133-ASA1-AA2,536,2418 938.396 (9) Notwithstanding sub. (2) (a), if a juvenile is adjudged delinquent
19for committing a serious crime, as defined in s. 48.685 (7) (a) (1) (c), the court clerk
20shall notify the department of justice of that fact. No other information from the
21juvenile's court records may be disclosed to the department of justice except by order
22of the court. The department of justice may disclose any information provided under
23this subsection only as part of a criminal history record search under s. 48.685 (2)
24(am) 1. or (b) 1. a.".
AB133-ASA1-AA2,537,1
11016. Page 1436, line 16: after that line insert:
AB133-ASA1-AA2,537,3 2" Section 3176m. 938.983 (title) of the statutes is renumbered 254.92 (title)
3and amended to read:
AB133-ASA1-AA2,537,5 4254.92 (title) Purchase or possession of cigarettes or tobacco products
5by person under 18 prohibited.
AB133-ASA1-AA2, s. 3176n 6Section 3176n. 938.983 (1) of the statutes is repealed.
AB133-ASA1-AA2, s. 3176p 7Section 3176p. 938.983 (2) (intro.), (a) and (c) of the statutes are consolidated,
8renumbered 254.92 (2) (intro.) and amended to read:
AB133-ASA1-AA2,537,129 254.92 (2) (intro.) Except as provided in sub. (3), no No person under 18 years
10of age may do any of the following: (a) Buy or purchase, attempt to buy any cigarette
11or tobacco product. (c) Possess
purchase or possess any cigarette or tobacco product.
12except as follows:
AB133-ASA1-AA2, s. 3176q 13Section 3176q. 938.983 (2) (b) of the statutes is renumbered 254.92 (1) and
14amended to read:
AB133-ASA1-AA2,537,1615 254.92 (1) Falsely No person under 18 years of age may falsely represent his
16or her age for the purpose of receiving any cigarette or tobacco product.
AB133-ASA1-AA2, s. 3176r 17Section 3176r. 938.983 (3) of the statutes is renumbered 254.92 (2) (a) and
18amended to read:
AB133-ASA1-AA2,537,2219 254.92 (2) (a) A person under 18 years of age may purchase or possess
20cigarettes or tobacco products for the sole purpose of resale in the course of
21employment during his or her working hours if employed by a retailer licensed under
22s. 134.65 (1)
.
AB133-ASA1-AA2, s. 3176s 23Section 3176s. 938.983 (4) of the statutes is renumbered 254.92 (3) and
24amended to read:
AB133-ASA1-AA2,538,3
1254.92 (3) A law enforcement officer shall seize any cigarette or tobacco product
2involved in any violation of sub. (2) committed in his or her presence that has been
3sold to and is in the possession of a person under 18 years of age
.
AB133-ASA1-AA2, s. 3176t 4Section 3176t. 938.983 (5) of the statutes is repealed.".
AB133-ASA1-AA2,538,5 51017. Page 1436, line 16: after that line insert:
AB133-ASA1-AA2,538,6 6" Section 3183d. 938.57 (1) (c) of the statutes is amended to read:
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