Amendment SSA1-SB21

SB21-SSA1,1418,17 938.49 (title) Notification by court of placement with department; information for department of corrections; transfer of reports and records.

SB21-SSA1,4702k Section 4702k. 938.49 (1) of the statutes is amended to read:

SB21-SSA1,1418,25 938.49 (1) Notice to department of corrections of placement. When a court places a juvenile in a juvenile correctional facility or secured residential care center for children and youth under the supervision of the department of corrections, the court shall immediately notify the that department of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by the that department or deliver the juvenile to department personnel of that department.

SB21-SSA1,4702n Section 4702n. 938.49 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,1419,5 938.49 (2) Transfer of court report and pupil records. (intro.) When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections, the court and all other public agencies shall immediately do all of the following:

SB21-SSA1,4702p Section 4702p. 938.49 (2) (a) of the statutes is amended to read:

SB21-SSA1,1419,9 938.49 (2) (a) Transfer to the department of corrections a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.

SB21-SSA1,4702r Section 4702r. 938.49 (2) (b) of the statutes is amended to read:

SB21-SSA1,1419,16 938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school participating in the program under s. 118.60 or in the program under s. 119.23 or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation and general management of the governing body of a private school, the private school or the governing body of a private school, in writing of its obligation under s. 118.125 (4).

SB21-SSA1,4703b Section 4703b. 938.50 of the statutes is amended to read:

SB21-SSA1,1420,6 938.50 Examination of juveniles under supervision of department of corrections. The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

SB21-SSA1,4703bm Section 4703bm. 938.50 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1420,23 938.50 Examination of juveniles under supervision of department. The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision (3) (a) to determine the appropriate level of supervision and services based on the juvenile's risks and needs. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

SB21-SSA1,4703c Section 4703c. 938.505 (1) of the statutes is amended to read:

SB21-SSA1,1421,10 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county department under s. 938.34 (4n), the department of corrections or county department having, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education , and ordinary medical and dental care for the juvenile, subject to the rights, duties , and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

SB21-SSA1,4703e Section 4703e. 938.505 (2) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1421,25 938.505 (2) (a) (intro.) If a juvenile 14 years of age or older is under the supervision of the department of corrections or a county department as described in sub. (1), is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department of corrections or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department of corrections or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

SB21-SSA1,4703h Section 4703h. 938.505 (2) (b) of the statutes is amended to read:

SB21-SSA1,1422,5 938.505 (2) (b) The court may, at the request of the department of corrections or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition. The hearing shall be held within that 10-day period.

SB21-SSA1,4703i Section 4703i. 938.51 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1422,14 938.51 (1) Release from secured facility or supervision. (intro.) At least 15 days prior to the date of release from a juvenile correctional facility or a secured residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department of corrections or a county department of a juvenile who has been adjudicated delinquent, the department of corrections or county department having, whichever has supervision over the juvenile, shall make a reasonable attempt to do all of the following:

SB21-SSA1,4703k Section 4703k. 938.51 (1d) (intro.) of the statutes is amended to read:

SB21-SSA1,1423,2 938.51 (1d) Release from nonsecured residential care center. (intro.) At least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has either been adjudicated delinquent under s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and at least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has been found to be in need of protection or services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department of corrections or county department having , whichever has supervision over the juvenile, shall notify all of the following persons of the juvenile's release:

SB21-SSA1,4704b Section 4704b. 938.51 (1m) of the statutes is amended to read:

SB21-SSA1,1423,13 938.51 (1m) Notification of local agencies. The department of corrections or county department having, whichever has 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 juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department of corrections or county department, the community in which the juvenile states that he or she intends to reside.

SB21-SSA1,4704bm Section 4704bm. 938.51 (1m) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1423,25 938.51 (1m) Notification of local agencies. The department of corrections or county department, whichever has 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 community supervision plan or aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department of corrections or county department, the community in which the juvenile states that he or she intends to reside.

SB21-SSA1,4704e Section 4704e. 938.51 (2) of the statutes is amended to read:

SB21-SSA1,1424,20 938.51 (2) Notification request cards. The department of corrections shall design and prepare cards for any person specified in sub. (1) (b), (c), (cm), or (d) to send to the department of corrections or county department having, whichever has supervision over a juvenile described in sub. (1), (1d), or (1g). The cards shall have space for the person's name, telephone number and mailing address, the name of the applicable juvenile, and any other information that the department of corrections determines is necessary. The cards shall advise a victim who is under 18 years of age that he or she may complete a card requesting notification under sub. (1) (b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age and advising the parent or guardian of a victim who is under 18 years of age that the parent or guardian may authorize on the card direct notification of the victim under sub. (1) (b), (1d), or (1g) if the notification occurs after the victim attains 18 years of age. The department of corrections shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b) to (d). These persons may send completed cards to the department of corrections or county department having, whichever has supervision over the juvenile. Department of corrections and county department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

SB21-SSA1,4704f Section 4704f. 938.51 (3) of the statutes is amended to read:

SB21-SSA1,1425,2 938.51 (3) Release not affected by failure to notify. Timely release of a juvenile specified in sub. (1), (1d), or (1g) shall not be prejudiced by the fact that the department of corrections or county department having, whichever has supervision over the juvenile, did not provide notification as required under sub. (1), (1d), or (1g), whichever is applicable.

SB21-SSA1,4704h Section 4704h. 938.51 (4) (intro.) of the statutes is amended to read:

SB21-SSA1,1425,16 938.51 (4) Notification if escape or absence. (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, home, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified period of time and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department of corrections or county department having, whichever has supervision over the juvenile, discovers the escape or absence, the department of corrections or county department shall make a reasonable attempt to notify by telephone all of the following persons:

SB21-SSA1,4704j Section 4704j. 938.52 (title) of the statutes is amended to read:

SB21-SSA1,1425,19 938.52 (title) Facilities for care of juveniles in care of department of corrections.

SB21-SSA1,4704k Section 4704k. 938.52 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1425,23 938.52 (1) Facilities maintained or used for juveniles. (intro.) The department of corrections may maintain or use the following facilities for juveniles in its care:

SB21-SSA1,4704n Section 4704n. 938.52 (1) (f) of the statutes is amended to read:

SB21-SSA1,1426,5 938.52 (1) (f) Other facilities deemed by that the department of corrections considers to be appropriate for the juvenile, except that no state funds may be used for the maintenance of a juvenile in the home of a parent or relative who would be eligible for aid under s. 49.19, but for s. 49.19 (20), if such funds would reduce federal funds to this state.

SB21-SSA1,4704q Section 4704q. 938.52 (2) of the statutes is amended to read:

SB21-SSA1,1426,16 938.52 (2) Use of other facilities. (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of juveniles a juvenile in a private or public facilities facility that is not under the department's jurisdiction of the department of corrections does not terminate its that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

SB21-SSA1,1426,24 (b) Public facilities shall accept and care for persons placed with them in those facilities by the department of corrections in the same manner as they those facilities would be required to do had the legal custody of these those persons been transferred by a court of competent jurisdiction. Nothing in this subsection requires any public facility to serve the department of corrections in a manner that is inconsistent with the facility's functions or with the laws and regulations governing its activities or gives the department of corrections the authority to use any private facility without its consent.

SB21-SSA1,1427,3 (c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) who have been placed in the facility.

SB21-SSA1,4704s Section 4704s. 938.52 (4) of the statutes is amended to read:

SB21-SSA1,1427,7 938.52 (4) Coeducational programs and institutions. The department of corrections may establish and maintain coeducational programs and institutions under this chapter.

SB21-SSA1,4704t Section 4704t. 938.53 of the statutes is amended to read:

SB21-SSA1,1427,15 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) shall be discharged as soon as the that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

SB21-SSA1,4705 Section 4705. 938.533 (title) of the statutes is repealed and recreated to read:

SB21-SSA1,1427,17 938.533 (title) Community supervision.

SB21-SSA1,4706 Section 4706. 938.533 (1) of the statutes is created to read:

SB21-SSA1,1427,20 938.533 (1) Definition. In this section, "Type 2 status" means the status of a juvenile who is placed in a Type 2 juvenile correctional facility.

SB21-SSA1,4707b Section 4707b. 938.533 (2) of the statutes is amended to read:

SB21-SSA1,1428,23 938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department of corrections shall provide a corrective sanctions program to serve an average daily population of 136 juveniles unless the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The department's office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The department of corrections shall place a program participant in the community, provide intensive surveillance of that participant, and provide an average of not more than $3,000 per year per slot to purchase community-based treatment services for each participant. The department of corrections shall make the intensive surveillance available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department of corrections shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department of corrections shall promulgate rules to implement the program.

SB21-SSA1,4707bm Section 4707bm. 938.533 (2) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 938.533 (2) (intro.) and amended to read:

SB21-SSA1,1429,19 938.533 (2) Corrective sanctions program Community supervision services. (intro.) From the appropriation under s. 20.410 (3) (hr), the department of corrections shall purchase or provide a corrective sanctions program to serve an average daily population of 136 juveniles unless the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program community supervision services for juveniles who have been placed under the community supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or (4n), 938.357 (4). The department of corrections shall place a program participant in the community, provide intensive surveillance of that participant, and provide an average of not more than $3,000 per year per slot to purchase community-based treatment services for each participant. The department of corrections shall make the intensive surveillance, or 938.538 (3) (a) 2. For each juvenile who is placed under community supervision, the department of corrections may purchase or provide any of the following services:

SB21-SSA1,1429,24 (a) Surveillance, including electronic monitoring or global positioning system tracking, which the department of corrections shall make available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department of corrections shall provide a report based on the juvenile's level of risk and community safety considerations.

SB21-SSA1,1430,10 (b) Report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that programming, including social, behavioral, academic, community service, and other programming, after school, in the evening, on weekends, on other nonschool days, and at other times when the juvenile is not under immediate adult supervision.

SB21-SSA1,1430,13 (c) Contacts with the juvenile and the juvenile's family of a type, frequency, and duration that are commensurate with the juvenile's level of risk and individualized treatment needs.

SB21-SSA1,1430,16 (d) Case management services under the program shall be provided by a corrective sanctions community supervision agent who shall have a case load of approximately 15 juveniles.

SB21-SSA1,1430,18 (4) Rules. The department of corrections shall promulgate rules to implement the program this section.

SB21-SSA1,4708 Section 4708. 938.533 (2) (e) of the statutes is created to read:

SB21-SSA1,1430,21 938.533 (2) (e) Any other treatment or services that are needed to meet the needs of the juvenile as determined by the department.

SB21-SSA1,4709b Section 4709b. 938.533 (3) of the statutes is amended to read:

SB21-SSA1,1431,8 938.533 (3) Institutional status. (a) A participant in the corrective sanctions program is under the supervision of the department of corrections, is subject to the rules and discipline of the that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition of his or her participation in the corrective sanctions program the department of corrections may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her participation in the corrective sanctions program from being taken into and held in custody under ss. 938.19 to 938.21.

SB21-SSA1,1431,19 (b) The department of corrections shall operate the corrective sanctions program as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

SB21-SSA1,4709bm Section 4709bm. 938.533 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1432,11 938.533 (3) Institutional status. (a) A participant in the corrective sanctions program The office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate each juvenile who is placed under community supervision and may place such a juvenile in Type 2 status. A juvenile who is placed in Type 2 status is under the supervision of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile who is placed in Type 2 status violates a condition of his or her participation in the corrective sanctions program community supervision, the department of corrections may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her participation in the corrective sanctions program community supervision from being taken into and held in custody under ss. 938.19 to 938.21.

SB21-SSA1,1432,23 (b) The department of corrections shall operate the corrective sanctions program community supervision for a juvenile who is placed in Type 2 status as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

SB21-SSA1,4710 Section 4710. 938.533 (3m) of the statutes is amended to read:

SB21-SSA1,1433,4 938.533 (3m) Escape. If a juvenile who is placed in Type 2 status runs away from his or her placement in the community while participating in the corrective sanctions program community supervision, the juvenile is considered to have escaped in violation of s. 946.42 (3) (c).

SB21-SSA1,4710c Section 4710c. 938.534 (1) (b) 1. of the statutes is amended to read:

SB21-SSA1,1433,23 938.534 (1) (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 subdivision, if a juvenile violates a condition of his or her 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 juvenile 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 that person for not more than 72 hours while the alleged violation 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. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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.

SB21-SSA1,4710e Section 4710e. 938.534 (1) (b) 2. of the statutes is amended to read:

SB21-SSA1,1434,23 938.534 (1) (b) 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 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 juvenile 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 that person for not more than 72 hours as a consequence of that violation. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

SB21-SSA1,4710f Section 4710f. 938.534 (2) of the statutes is amended to read:

SB21-SSA1,1435,7 938.534 (2) Rules for intensive supervision program. The department of corrections shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include provisions governing the use of placement in a juvenile detention facility, juvenile portion of a county jail, or place of nonsecure custody for not more than 72 hours under sub. (1) (b) and the use of placement in a place of nonsecure custody for not more than 30 days under sub. (1) (c).

SB21-SSA1,4710h Section 4710h. 938.535 of the statutes is amended to read:

SB21-SSA1,1435,16 938.535 Early release and intensive supervision program; limits. The department of corrections may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

SB21-SSA1,4710i Section 4710i. 938.538 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,1435,22 938.538 (2) Program administration and design. (intro.) The department of corrections shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h). The department of corrections shall design the program to provide all of the following:

SB21-SSA1,4710n Section 4710n. 938.538 (3) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1435,25 938.538 (3) (a) (intro.) The department of corrections shall provide each participant with one or more of the following sanctions:

SB21-SSA1,4711 Section 4711. 938.538 (3) (a) 2. of the statutes is amended to read:

SB21-SSA1,1436,3 938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions community supervision under s. 938.533 or aftercare supervision.

SB21-SSA1,4711e Section 4711e. 938.538 (3) (a) 9. of the statutes is amended to read:

SB21-SSA1,1436,6 938.538 (3) (a) 9. Other programs as prescribed by the department of corrections.

SB21-SSA1,4711h Section 4711h. 938.538 (4) of the statutes is amended to read:

SB21-SSA1,1436,23 938.538 (4) Institutional status. (a) A participant in the program under this section is under the supervision and control of the department of corrections, is subject to the rules and discipline of the that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department of corrections may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department of corrections is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

SB21-SSA1,1437,9 (b) The department of corrections shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The secretary of corrections may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from inspections required under s. 301.36.