SB21-SSA1,4654hd 21Section 4654hd. 938.223 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,1383,222 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed
23the minimum requirements for the approval and operation of a Wisconsin juvenile
24detention facility established by the department of corrections by rule under s.

1938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the
2department under s. 301.36.
SB21-SSA1,4654hn 3Section 4654hn. 938.223 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,1383,64 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility
5is subject to investigation and inspection by the department of corrections under s.
6301.36.
SB21-SSA1,4654hp 7Section 4654hp. 938.223 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,1383,108 938.223 (2) (b) 4. Any other matters that are necessary and appropriate
9concerning the obligations, responsibilities, and rights of the contracting counties
10and the department of corrections.
SB21-SSA1,4654id 11Section 4654id. 938.224 (1) of the statutes is amended to read:
SB21-SSA1,1383,1712 938.224 (1) Uses of facilities. The county board of supervisors of a county may
13contract with the department of corrections for the use of a juvenile correctional
14facility operated by the that department for the holding of juveniles who meet the
15criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject
16to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355
17(6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
SB21-SSA1,4654if 18Section 4654if. 938.224 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,1383,2119 938.224 (2) (a) 1. There is no county-operated juvenile detention facility
20approved by the department of corrections within 40 miles of the county seat of the
21county.
SB21-SSA1,4654ih 22Section 4654ih. 938.224 (2) (a) 2. of the statutes is amended to read:
SB21-SSA1,1383,2523 938.224 (2) (a) 2. There is no bed space available in a county-operated juvenile
24detention facility approved by the department of corrections within 40 miles of the
25county seat of the county.
SB21-SSA1,4654ij
1Section 4654ij. 938.224 (2) (b) of the statutes is amended to read:
SB21-SSA1,1384,52 938.224 (2) (b) That the county may use a juvenile correctional facility for
3holding a juvenile under sub. (1) only if the department of corrections approves that
4use based on the availability of beds in the juvenile correctional facility and on the
5programming needs of the juvenile.
SB21-SSA1,4654im 6Section 4654im. 938.224 (3) (a) of the statutes is amended to read:
SB21-SSA1,1384,107 938.224 (3) (a) The per person daily rate to be paid by the county for holding
8a juvenile under sub. (1) and the charges to be paid by the county for any
9extraordinary medical and dental expenses and any programming provided for the
10juvenile by the department of corrections.
SB21-SSA1,4654ip 11Section 4654ip. 938.224 (3) (b) of the statutes is amended to read:
SB21-SSA1,1384,1412 938.224 (3) (b) Any other matters that are necessary and appropriate
13concerning the obligations, responsibilities, and rights of the contracting county and
14the department of corrections.
SB21-SSA1,4654iq 15Section 4654iq. 938.224 (4) of the statutes is amended to read:
SB21-SSA1,1384,1816 938.224 (4) Supervision and control of juveniles. A juvenile held in custody
17under sub. (1) is under the supervision and control of the department of corrections
18and is subject to the rules and discipline of the that department.
SB21-SSA1,4654j 19Section 4654j. 938.225 of the statutes is amended to read:
SB21-SSA1,1384,24 20938.225 Statewide plan for juvenile detention facilities. The department
21of corrections shall assist counties in establishing juvenile detention facilities under
22s. 938.22 by developing and promulgating a statewide plan for the establishment and
23maintenance of suitable juvenile detention facilities reasonably accessible to each
24court.
SB21-SSA1,4654k 25Section 4654k. 938.23 (1m) (a) of the statutes is amended to read:
SB21-SSA1,1385,9
1938.23 (1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in
2a juvenile detention facility shall be represented by counsel at all stages of the
3proceedings. A juvenile 15 years of age or older may waive counsel if the court is
4satisfied that the waiver is knowingly and voluntarily made and the court accepts
5the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile
6correctional facility or a secured residential care center for children and youth,
7transfer supervision of the juvenile to the department of corrections for participation
8in the serious juvenile offender program, or transfer jurisdiction over the juvenile to
9adult court.
SB21-SSA1,4654q 10Section 4654q. 938.30 (6) (b) of the statutes is amended to read:
SB21-SSA1,1385,2011 938.30 (6) (b) If it appears to the court that disposition of the case may include
12placement of the juvenile outside the juvenile's home, the court shall order the
13juvenile's parent to provide a statement of the income, assets, debts, and living
14expenses of the juvenile and the juvenile's parent to the court or the designated
15agency under s. 938.33 (1) at least 5 days before the scheduled date of the
16dispositional hearing or as otherwise ordered by the court. The clerk of court shall
17provide, without charge, to any parent ordered to provide that statement a document
18setting forth the percentage standard established by the department of children and
19families
under s. 49.22 (9) and listing the factors that a court may consider under s.
20301.12 (14) (c).
SB21-SSA1,4654s 21Section 4654s. 938.31 (7) (b) of the statutes is amended to read:
SB21-SSA1,1386,622 938.31 (7) (b) If it appears to the court that disposition of the case may include
23placement of the juvenile outside the juvenile's home, the court shall order the
24juvenile's parent to provide a statement of the income, assets, debts, and living
25expenses of the juvenile and the juvenile's parent, to the court or the designated

1agency under s. 938.33 (1) at least 5 days before the scheduled date of the
2dispositional hearing or as otherwise ordered by the court. The clerk of court shall
3provide, without charge, to any parent ordered to provide the statement a document
4setting forth the percentage standard established by the department of children and
5families
under s. 49.22 (9) and listing the factors that a court may consider under s.
6301.12 (14) (c).
SB21-SSA1,4654t 7Section 4654t. 938.315 (2m) (c) of the statutes is created to read:
SB21-SSA1,1386,118 938.315 (2m) (c) The court making a finding under s. 938.366 (3) (am) 3. that
9a person's placement in out-of-home care under a transition-to-independent-living
10agreement is in the best interests of the person more than 180 days after the date on
11which the agreement is entered into.
SB21-SSA1,4654u 12Section 4654u. 938.34 (2) (a) of the statutes is amended to read:
SB21-SSA1,1386,1713 938.34 (2) (a) Place the juvenile under the supervision of an agency, the
14department of corrections, if the that department approves, or a suitable adult,
15including a friend of the juvenile, under conditions prescribed by the court, including
16reasonable rules for the juvenile's conduct, designed for the physical, mental, and
17moral well-being and behavior of the juvenile.
SB21-SSA1,4654v 18Section 4654v. 938.34 (2) (b) of the statutes is amended to read:
SB21-SSA1,1386,2319 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the
20supervision of an agency or the department of corrections, order the that agency or
21department to provide specified services to the juvenile and the juvenile's family,
22including individual, family, or group counseling, homemaker or parent aide
23services, respite care, housing assistance, child care, or parent skills training.
SB21-SSA1,4654w 24Section 4654w. 938.34 (3) (f) (intro.) of the statutes is amended to read:
SB21-SSA1,1387,4
1938.34 (3) (f) (intro.) A juvenile detention facility or juvenile portion of a county
2jail that meets the standards promulgated by the department of corrections by rule,
3or in a place of nonsecure custody designated by the court, subject to all of the
4following:
SB21-SSA1,4654x 5Section 4654x. 938.34 (4m) (intro.) of the statutes is amended to read:
SB21-SSA1,1387,86 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile
7correctional facility or a secured residential care center for children and youth under
8the supervision of the department of corrections if all of the following apply:
SB21-SSA1,4655b 9Section 4655b. 938.34 (4n) (intro.) of the statutes is amended to read:
SB21-SSA1,1387,1610 938.34 (4n) Aftercare supervision. (intro.) Subject to any arrangement
11between the department of corrections and a county department regarding the
12provision of aftercare supervision for juveniles who have been released from a
13juvenile correctional facility or a secured residential care center for children and
14youth, designate one of the following to provide aftercare supervision for the juvenile
15following the juvenile's release from the juvenile correctional facility or secured
16residential care center for children and youth:
SB21-SSA1,4655bm 17Section 4655bm. 938.34 (4n) (intro.) of the statutes, as affected by 2015
18Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1388,419 938.34 (4n) Aftercare Community supervision or aftercare supervision.
20(intro.) Subject In the case of a juvenile who has been placed in a juvenile correctional
21facility or a secured residential care center for children and youth, designate the
22department of corrections to provide community supervision for the juvenile
23following the juvenile's release from that facility or center or, subject
to any
24arrangement between the department of corrections and a county department
25regarding the provision of aftercare supervision for juveniles who have been released

1from a juvenile correctional facility or a secured residential care center for children
2and youth, designate one of the following to provide aftercare supervision for the
3juvenile following the juvenile's release from the juvenile correctional that facility or
4secured residential care center for children and youth:
SB21-SSA1,4656b 5Section 4656b. 938.34 (4n) (a) of the statutes is amended to read:
SB21-SSA1,1388,66 938.34 (4n) (a) The department of corrections.
SB21-SSA1,4656bm 7Section 4656bm. 938.34 (4n) (a) of the statutes, as affected by 2015 Wisconsin
8Act .... (this act), is repealed.
SB21-SSA1,4656e 9Section 4656e. 938.34 (6s) of the statutes is amended to read:
SB21-SSA1,1388,1310 938.34 (6s) Drug testing. If the report under s. 938.33 (1) indicates that the
11juvenile is in need of treatment for the use or abuse of controlled substances or
12controlled substance analogs, order the juvenile to submit to drug testing under a
13drug testing program that the department of corrections shall promulgate by rule.
SB21-SSA1,4656f 14Section 4656f. 938.34 (8d) (c) of the statutes is amended to read:
SB21-SSA1,1388,1915 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured
16residential care center for children and youth fails to pay the surcharge under par.
17(a), the department of corrections shall assess and collect the amount owed from the
18juvenile's wages or other moneys. Any amount collected shall be transmitted to the
19secretary of administration.
SB21-SSA1,4656i 20Section 4656i. 938.34 (15m) (am) 2. of the statutes is amended to read:
SB21-SSA1,1389,321 938.34 (15m) (am) 2. If the court under subd. 1. orders the juvenile to comply
22with the reporting requirements under s. 301.45 in connection with a violation, or
23the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court
24may provide that the juvenile be released from the requirement to comply with the
25reporting requirements under s. 301.45 upon satisfying the conditions of the

1dispositional order imposed for the offense. If the juvenile satisfies the conditions
2of the dispositional order, the court shall notify the department of corrections that
3the juvenile has satisfied the conditions of the dispositional order.
SB21-SSA1,4656n 4Section 4656n. 938.345 (3) (c) of the statutes is amended to read:
SB21-SSA1,1389,115 938.345 (3) (c) If the court orders a juvenile to comply with the reporting
6requirements under s. 301.45, the clerk of the court in which the order is entered
7shall promptly forward a copy of the order to the department of corrections. If the
8finding of need of protection or services on which the order is based is reversed, set
9aside, or vacated, the clerk of the court shall promptly forward to the department of
10corrections
a certificate stating that the finding has been reversed, set aside, or
11vacated.
SB21-SSA1,4656p 12Section 4656p. 938.345 (3) (d) of the statutes is amended to read:
SB21-SSA1,1389,2113 938.345 (3) (d) If the court under par. (a) orders the juvenile to comply with the
14reporting requirements under s. 301.45 in connection with a violation, or the
15solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, the court may
16provide that the juvenile be released from the requirement to comply with the
17reporting requirements under s. 301.45 upon satisfying the conditions of the
18dispositional order imposed for the offense. If the juvenile satisfies the conditions
19of the dispositional order, the clerk of the court shall notify the department of
20corrections and the department of children and families
that the juvenile has
21satisfied the conditions of the dispositional order.
SB21-SSA1,4656q 22Section 4656q. 938.355 (4m) (b) of the statutes is amended to read:
SB21-SSA1,1390,323 938.355 (4m) (b) The court shall expunge the court's record of a juvenile's
24adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08
25(2) (b), (c), or (d), and if the court determines that the juvenile has satisfactorily

1complied with the conditions of his or her dispositional order. Notwithstanding s.
2938.396 (2), the court shall notify the department of corrections and the department
3of children and families
promptly of any expungement under this paragraph.
SB21-SSA1,4656s 4Section 4656s. 938.355 (6) (d) 1. of the statutes is amended to read:
SB21-SSA1,1390,175 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or
6juvenile portion of a county jail that meets the standards promulgated by the
7department of corrections by rule or in a place of nonsecure custody, for not more than
810 days and the provision of educational services consistent with his or her current
9course of study during the period of placement. The juvenile shall be given credit
10against the period of detention or nonsecure custody imposed under this subdivision
11for all time spent in secure detention in connection with the course of conduct for
12which the detention or nonsecure custody was imposed. If the court orders
13placement of the juvenile in a place of nonsecure custody under the supervision of
14the county department, the court shall order the juvenile into the placement and care
15responsibility of the county department as required under 42 USC 672 (a) (2) and
16shall assign the county department primary responsibility for providing services to
17the juvenile.
SB21-SSA1,4656t 18Section 4656t. 938.355 (6d) (a) 1. of the statutes is amended to read:
SB21-SSA1,1391,319 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
202g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
21specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
22to provide or providing intake or dispositional services for the court under s. 938.067
23or 938.069 may, without a hearing, take the juvenile into custody and place the
24juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
25the standards promulgated by the department of corrections by rule or in a place of

1nonsecure custody designated by that person for not more than 72 hours while the
2alleged violation and the appropriateness of a sanction under sub. (6) are being
3investigated.
SB21-SSA1,4656tm 4Section 4656tm. 938.355 (6d) (a) 2. of the statutes is amended to read:
SB21-SSA1,1391,205 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
62g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
7specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
8to provide or providing intake or dispositional services for the court under s. 938.067
9or 938.069 may, without a hearing, take the juvenile into custody and place the
10juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
11the standards promulgated by the department of corrections by rule or in a place of
12nonsecure custody designated by that person for not more than 72 hours as a
13consequence of that violation. A person who takes a juvenile into custody under this
14subdivision shall permit the juvenile to make a written or oral statement concerning
15the possible placement of the juvenile and the course of conduct for which the
16juvenile was taken into custody. A person designated by the court or county
17department who is employed in a supervisory position by a person authorized to
18provide or providing intake or dispositional services under s. 938.067 or 938.069
19shall review that statement and either approve the placement, modify the terms of
20the placement, or order the juvenile to be released from custody.
SB21-SSA1,4657 21Section 4657. 938.355 (6d) (b) (title) of the statutes is amended to read:
SB21-SSA1,1391,2222 938.355 (6d) (b) (title) Violation of condition of county aftercare supervision.
SB21-SSA1,4658b 23Section 4658b. 938.355 (6d) (b) 1. of the statutes is amended to read:
SB21-SSA1,1392,824 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
252g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by a

1county department violates a condition of that supervision, the juvenile's caseworker
2or any other person authorized to provide or providing intake or dispositional
3services for the court under s. 938.067 or 938.069 may, without a hearing, take the
4juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
5portion of a county jail that meets the standards promulgated by the department of
6corrections
by rule or in a place of nonsecure custody designated by that person for
7not more than 72 hours while the alleged violation and the appropriateness of
8revoking the juvenile's aftercare status are being investigated.
SB21-SSA1,4658bm 9Section 4658bm. 938.355 (6d) (b) 1. of the statutes, as affected by 2015
10Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1392,2011 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
122g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by a
13county department
violates a condition of that supervision, the juvenile's caseworker
14or any other person authorized to provide or providing intake or dispositional
15services for the court under s. 938.067 or 938.069 may, without a hearing, take the
16juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
17portion of a county jail that meets the standards promulgated by the department of
18corrections by rule or in a place of nonsecure custody designated by that person for
19not more than 72 hours while the alleged violation and the appropriateness of
20revoking the juvenile's aftercare status are being investigated.
SB21-SSA1,4659b 21Section 4659b. 938.355 (6d) (b) 2. of the statutes is amended to read:
SB21-SSA1,1393,1322 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
232g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by the
24county department violates a condition of that supervision, the juvenile's caseworker
25or any other person authorized to provide or providing intake or dispositional

1services for the court under s. 938.067 or 938.069 may, without a hearing, take the
2juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
3portion of a county jail that meets the standards promulgated by the department of
4corrections
by rule or in a place of nonsecure custody designated by that person for
5not more than 72 hours as a consequence of that violation. A person who takes a
6juvenile into custody under this subdivision shall permit the juvenile to make a
7written or oral statement concerning the possible placement of the juvenile and the
8course of conduct for which the juvenile was taken into custody. A person designated
9by the court or the county department who is employed in a supervisory position by
10a person authorized to provide or providing intake or dispositional services under s.
11938.067 or 938.069 shall review that statement and either approve the placement of
12the juvenile, modify the terms of the placement, or order the juvenile to be released
13from custody.
SB21-SSA1,4659bm 14Section 4659bm. 938.355 (6d) (b) 2. of the statutes, as affected by 2015
15Wisconsin Act .... (this act), is amended to read:
SB21-SSA1,1394,716 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
172g., 2m., and 2r., if a juvenile who is on aftercare supervision administered by the
18county department
violates a condition of that supervision, the juvenile's caseworker
19or any other person authorized to provide or providing intake or dispositional
20services for the court under s. 938.067 or 938.069 may, without a hearing, take the
21juvenile into custody and place the juvenile in a juvenile detention facility or juvenile
22portion of a county jail that meets the standards promulgated by the department of
23corrections by rule or in a place of nonsecure custody designated by that person for
24not more than 72 hours as a consequence of that violation. A person who takes a
25juvenile into custody under this subdivision shall permit the juvenile to make a

1written or oral statement concerning the possible placement of the juvenile and the
2course of conduct for which the juvenile was taken into custody. A person designated
3by the court or the county department who is employed in a supervisory position by
4a person authorized to provide or providing intake or dispositional services under s.
5938.067 or 938.069 shall review that statement and either approve the placement of
6the juvenile, modify the terms of the placement, or order the juvenile to be released
7from custody.
SB21-SSA1,4660 8Section 4660. 938.355 (6d) (b) 2g. of the statutes is amended to read:
SB21-SSA1,1394,139 938.355 (6d) (b) 2g. The taking into custody and placement of a juvenile under
10subd. 1. or 2. is subject to any general written policies adopted by the court under s.
11938.06 (1) and (2), to any policies adopted by the county department relating to
12aftercare supervision administered by the county department, and to any policies
13adopted by the county board relating to such taking into custody and placement.
SB21-SSA1,4661 14Section 4661. 938.355 (6d) (b) 4. of the statutes is amended to read:
SB21-SSA1,1394,1715 938.355 (6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
16who has violated a condition of aftercare supervision administered by a county
17department
from being taken into and held in custody under ss. 938.19 to 938.21.
SB21-SSA1,4661q 18Section 4661q. 938.355 (6m) (a) 1g. of the statutes is amended to read:
SB21-SSA1,1395,919 938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility
20or juvenile portion of a county jail that meets the standards promulgated by the
21department of corrections by rule or in a place of nonsecure custody, for not more than
2210 days and the provision of educational services consistent with his or her current
23course of study during the period of placement. The juvenile shall be given credit
24against the period of detention or nonsecure custody imposed under this subdivision
25for all time spent in secure detention in connection with the course of conduct for

1which the detention or nonsecure custody was imposed. The use of placement in a
2juvenile detention facility or in a juvenile portion of a county jail as a sanction under
3this subdivision is subject to the adoption of a resolution by the county board of
4supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.
5If the court orders placement of the juvenile in a place of nonsecure custody under
6the supervision of the county department, the court shall order the juvenile into the
7placement and care responsibility of the county department as required under 42
8USC 672
(a) (2) and shall assign the county department primary responsibility for
9providing services to the juvenile.
SB21-SSA1,4662b 10Section 4662b. 938.357 (4) (a) of the statutes is amended to read:
SB21-SSA1,1396,211 938.357 (4) (a) When the juvenile is placed with the department, the of
12corrections, that
department may, after an examination under s. 938.50, place the
13juvenile in a juvenile correctional facility or a secured residential care center for
14children and youth or on aftercare supervision, either immediately or after a period
15of placement in a juvenile correctional facility or a secured residential care center for
16children and youth. The department of corrections shall send written notice of the
17change in placement to the parent, guardian, legal custodian, county department
18designated under s. 938.34 (4n), if any, and committing court. If the department of
19corrections
places a juvenile in a Type 2 juvenile correctional facility operated by a
20child welfare agency, the that department shall reimburse the child welfare agency
21at the rate established under s. 49.343 that is applicable to the type of placement that
22the child welfare agency is providing for the juvenile. A juvenile who is placed in a
23Type 2 juvenile correctional facility or a secured residential care center for children
24and youth remains under the supervision of the department of corrections, remains

1subject to the rules and discipline of that department, and is considered to be in
2custody, as defined in s. 946.42 (1) (a).
SB21-SSA1,4662bm 3Section 4662bm. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin
4Act .... (this act), is amended to read:
SB21-SSA1,1396,205 938.357 (4) (a) When the juvenile is placed with the department of corrections,
6that department may, after an examination under s. 938.50, place the juvenile in a
7juvenile correctional facility or a secured residential care center for children and
8youth or on community supervision or aftercare supervision, either immediately or
9after a period of placement in a juvenile correctional facility or a secured residential
10care center for children and youth. The department of corrections shall send written
11notice of the change in placement to the parent, guardian, legal custodian, county
12department designated under s. 938.34 (4n), if any, and committing court. If the
13department of corrections places a juvenile in a Type 2 juvenile correctional facility
14operated by a child welfare agency, that department shall reimburse the child
15welfare agency at the rate established under s. 49.343 that is applicable to the type
16of placement that the child welfare agency is providing for the juvenile. A juvenile
17who is placed in a Type 2 juvenile correctional facility or a secured residential care
18center for children and youth remains under the supervision of the department of
19corrections, remains subject to the rules and discipline of that department, and is
20considered to be in custody, as defined in s. 946.42 (1) (a).
SB21-SSA1,4662c 21Section 4662c. 938.357 (4) (b) 1. of the statutes is amended to read:
SB21-SSA1,1397,322 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed
23in a Type 2 juvenile correctional facility operated by a child welfare agency violates
24a condition of his or her placement in the Type 2 juvenile correctional facility, the
25child welfare agency operating the Type 2 juvenile correctional facility shall notify

1the department of corrections and the that department, after consulting with the
2child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
3under the supervision of the department, without a hearing under sub. (1) (am) 2.
SB21-SSA1,4662e 4Section 4662e. 938.357 (4) (b) 2. of the statutes is amended to read:
SB21-SSA1,1397,215 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
6care center for children and youth under s. 938.34 (4d) violates a condition of his or
7her placement in the Type 2 residential care center for children and youth, the child
8welfare agency operating the Type 2 residential care center for children and youth
9shall notify the county department that has supervision over the juvenile and, if the
10county department agrees to a change in placement under this subdivision, the child
11welfare agency shall notify the department of corrections, and the that department,
12after consulting with the child welfare agency, may place the juvenile in a Type 1
13juvenile correctional facility under the supervision of the department of corrections,
14without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is
15placed in a Type 1 juvenile correctional facility under this subdivision, the county
16department that has supervision over the juvenile shall reimburse the child welfare
17agency operating the Type 2 residential care center for children and youth in which
18the juvenile was placed at the rate established under s. 49.343, and that child welfare
19agency shall reimburse the department of corrections at the rate specified in s.
20301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while
21placed in a Type 1 juvenile correctional facility.
SB21-SSA1,4662f 22Section 4662f. 938.357 (4) (b) 4. of the statutes is amended to read:
SB21-SSA1,1397,2423 938.357 (4) (b) 4. A juvenile may seek review of a decision of the department
24of corrections under subd. 1. or 2. only by the common law writ of certiorari.
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