AB953-ASA1,35,2113
938.357
(4) (b) 1. If a juvenile whom the department of corrections has placed
14in a Type 2 juvenile correctional facility operated by a child welfare agency violates
15a condition of his or her placement in the Type 2 juvenile correctional facility, the
16child welfare agency operating the Type 2 juvenile correctional facility shall notify
17the department of corrections and that department, after consulting with the child
18welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
or,
19with the consent of the operating entity, a secured residential care center for children
20and youth, a under the supervision of the department, without a hearing under sub.
21(1) (am) 2.
AB953-ASA1,72
22Section
72. 938.357 (4) (b) 2. of the statutes is amended to read:
AB953-ASA1,36,1523
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
24care center for children and youth under s. 938.34 (4d) violates a condition of his or
25her placement in the Type 2 residential care center for children and youth, the child
1welfare agency operating the Type 2 residential care center for children and youth
2shall notify the county department that has supervision over the juvenile
and, if the
3county department agrees to a change in placement under this subdivision, the child
4welfare agency shall notify the department of corrections, and that
. The county 5department, after consulting with the child welfare agency, may place the juvenile
6in a
Type 1 juvenile correctional facility under the supervision of the department of
7corrections secured residential care center for children and youth, without a hearing
8under sub. (1) (am) 2., for not more than 10 days.
If a juvenile is placed in a Type 1
9juvenile correctional facility under this subdivision, the county department that has
10supervision over the juvenile shall reimburse the child welfare agency operating the
11Type 2 residential care center for children and youth in which the juvenile was
12placed at the rate established under s. 49.343, and that child welfare agency shall
13reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2.
14or 3., whichever is applicable, for the cost of the juvenile's care while placed in a
15Type 1 juvenile correctional facility.
AB953-ASA1,73
16Section
73. 938.357 (4) (b) 4. of the statutes is amended to read:
AB953-ASA1,36,1917
938.357
(4) (b) 4. A juvenile may seek review of a decision of the department
18of corrections
or the county department under subd. 1. or 2. only by the common law
19writ of certiorari.
AB953-ASA1,74
20Section 74
. 938.357 (4) (c) 1. of the statutes is amended to read:
AB953-ASA1,37,421
938.357
(4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
22operated by a child welfare agency under par.
(a)
(am) and it appears that a less
23restrictive placement would be appropriate for the juvenile, the department of
24corrections, after consulting with the child welfare agency that is operating the
25Type 2 juvenile correctional facility, may place the juvenile in a less restrictive
1placement, and may return the juvenile to the Type 2 juvenile correctional facility
2without a hearing under sub. (1) (am) 2. The rate for each type of placement shall
3be established by the department of children and families, in consultation with the
4department of corrections, in the manner provided in s. 49.343.
AB953-ASA1,75
5Section 75
. 938.357 (4) (d) of the statutes is created to read:
AB953-ASA1,37,226
938.357
(4) (d) 1. If a juvenile under the supervision of the department of
7corrections is placed in a secured residential care center for children and youth and
8that secured residential care center for children and youth is unable to meet the
9treatment needs of the juvenile, the operating entity shall notify the department of
10corrections and the department of corrections, after consulting with the operating
11entity, may place the juvenile in a secured residential care center for children and
12youth that is able to meet the treatment needs of the juvenile without a hearing
13under sub. (1) (am) 2. if the receiving operating entity agrees. The department of
14corrections shall send written notice of the change in placement to the parent,
15guardian, legal custodian, county department designated under s. 938.34 (4n), if any,
16and committing court. If the department of corrections places a juvenile in a secured
17residential care center for children and youth under this subdivision, the department
18of corrections shall contract with the operating entity for the care and services
19provided under s. 301.08. A juvenile who is placed in a secured residential care
20center for children and youth under this subdivision remains under the supervision
21of the department of corrections, remains subject to the rules and discipline of that
22department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,38,1423
2. If a juvenile under the supervision of a county department is placed in a
24secured residential care center for children and youth and that secured residential
25care center for children and youth is unable to meet the treatment needs of the
1juvenile, the supervising county department, after consulting with the operating
2entity, may transfer the juvenile to a different secured residential care center for
3children and youth that is able to meet the treatment needs of the juvenile and offers
4more appropriate care and services without a hearing under sub. (1) (am) 2. if the
5receiving operating entity agrees. The supervising county department shall send
6written notice of the change in placement to the parent, guardian, legal custodian,
7county department designated under s. 938.34 (4n), if any, and committing court. If
8a county department places a juvenile in a secured residential care center for
9children and youth under this subdivision, the county department shall contract
10with the operating entity for the care and services provided. If a county department
11places a juvenile in a secured residential care center for children and youth under
12this subdivision, the juvenile remains under the supervision of the placing county
13department, remains subject to the rules and discipline of that county department,
14and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,38,1615
3. A juvenile may seek review of a decision by the department of corrections or
16county department under subd. 1. or 2. only by the common law writ of certiorari.
AB953-ASA1,76
17Section
76. 938.357 (4m) of the statutes is amended to read:
AB953-ASA1,38,2318
938.357
(4m) Release to community supervision or aftercare supervision. 19The department of corrections shall try to release a juvenile to community
20supervision
or and the county department with supervision of a juvenile shall try to
21release the juvenile to aftercare supervision under sub. (4) within 30 days after the
22date on which
that the department
of corrections or county department determines
23the juvenile is eligible for the release.
AB953-ASA1,77
24Section 77
. 938.48 (3) of the statutes is amended to read:
AB953-ASA1,39,6
1938.48
(3) Supervision and special treatment or care. Accept supervision over
2juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n),
3or 938.357
(3) or (4), and provide special treatment or care to juveniles when directed
4by the court. Except as provided in s. 938.505 (2), a court may not direct the
5department to administer psychotropic medications to juveniles who receive special
6treatment or care under this subsection.
AB953-ASA1,78
7Section 78
. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act ....
8(this act), is amended to read:
AB953-ASA1,39,149
938.48
(3) Supervision and special treatment or care. Accept supervision over
10juveniles transferred to it by the court under s. 938.183, 938.34 (4h)
, (4m), or (4n),
11or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed
12by the court. Except as provided in s. 938.505 (2), a court may not direct the
13department to administer psychotropic medications to juveniles who receive special
14treatment or care under this subsection.
AB953-ASA1,79
15Section 79
. 938.48 (4) of the statutes is amended to read:
AB953-ASA1,40,416
938.48
(4) Care, training, and placement. Provide appropriate care and
17training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
18(4n), or 938.357
(3) or (4), including serving those juveniles in their own homes,
19placing them in licensed foster homes or licensed group homes under s. 48.63 or in
20independent living situations as provided in s. 938.34 (3) (e), contracting for their
21care by licensed child welfare agencies, or replacing them in juvenile correctional
22facilities or secured residential care centers for children and youth in accordance
23with rules promulgated under ch. 227, except that the department may not purchase
24the educational component of private day treatment programs for a juvenile in its
25custody unless the department, the school board, as defined in s. 115.001 (7), and the
1state superintendent of public instruction all determine that an appropriate public
2education program is not available for the juvenile. Disputes between the
3department and the school district shall be resolved by the state superintendent of
4public instruction.
AB953-ASA1,80
5Section 80
. 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act ....
6(this act), is amended to read:
AB953-ASA1,40,207
938.48
(4) Care, training, and placement. Provide appropriate care and
8training for juveniles under its supervision under s. 938.183, 938.34 (4h)
, (4m), or
9(4n), or 938.357 (3) or (4), including serving those juveniles in their own homes,
10placing them in licensed foster homes or licensed group homes under s. 48.63 or in
11independent living situations as provided in s. 938.34 (3) (e), contracting for their
12care by licensed child welfare agencies, or replacing them in juvenile correctional
13facilities or secured residential care centers for children and youth in accordance
14with rules promulgated under ch. 227, except that the department may not purchase
15the educational component of private day treatment programs for a juvenile in its
16custody unless the department, the school board, as defined in s. 115.001 (7), and the
17state superintendent of public instruction all determine that an appropriate public
18education program is not available for the juvenile. Disputes between the
19department and the school district shall be resolved by the state superintendent of
20public instruction.
AB953-ASA1,81
21Section 81
. 938.48 (4m) (b) of the statutes is amended to read:
AB953-ASA1,40,2322
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
23938.34 (4h), (4m) or (4n) or 938.357
(3) or (4) when the person reached 17 years of age.
AB953-ASA1,82
24Section 82
. 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act
25.... (this act), is amended to read:
AB953-ASA1,41,2
1938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
2938.34 (4h)
, (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
AB953-ASA1,83
3Section 83
. 938.48 (5) of the statutes is amended to read:
AB953-ASA1,41,74
938.48
(5) Moral and religious training. Provide for the moral and religious
5training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or
6(4n), or 938.357
(3) or (4) according to the religious beliefs of the juvenile or of the
7juvenile's parents.
AB953-ASA1,84
8Section 84
. 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act ....
9(this act), is amended to read:
AB953-ASA1,41,1310
938.48
(5) Moral and religious training. Provide for the moral and religious
11training of a juvenile under its supervision under s. 938.183, 938.34 (4h)
, (4m), or
12(4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the
13juvenile's parents.
AB953-ASA1,85
14Section 85
. 938.48 (6) of the statutes is amended to read:
AB953-ASA1,41,2015
938.48
(6) Emergency surgery. Consent to emergency surgery under the
16direction of a licensed physician or surgeon for any juvenile under its supervision
17under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) upon notification by
18a licensed physician or surgeon of the need for the surgery and if reasonable effort,
19compatible with the nature and time limitation of the emergency, has been made to
20secure the consent of the juvenile's parent or guardian.
AB953-ASA1,86
21Section 86
. 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act ....
22(this act), is amended to read:
AB953-ASA1,42,323
938.48
(6) Emergency surgery. Consent to emergency surgery under the
24direction of a licensed physician or surgeon for any juvenile under its supervision
25under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) upon notification by
1a licensed physician or surgeon of the need for the surgery and if reasonable effort,
2compatible with the nature and time limitation of the emergency, has been made to
3secure the consent of the juvenile's parent or guardian.
AB953-ASA1,87
4Section 87
. 938.48 (14) of the statutes is amended to read:
AB953-ASA1,42,125
938.48
(14) School-related expenses for juveniles over 17. Pay
6maintenance, tuition, and related expenses from the appropriation under s. 20.410
7(3) (ho) for persons who, when they attained 17 years of age, were students regularly
8attending a school, college, or university or regularly attending a course of vocational
9or technical training designed to prepare them for gainful employment, and who
10upon attaining that age were under the supervision of the department under s.
11938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) as a result of a judicial
12decision.
AB953-ASA1,88
13Section 88
. 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act ....
14(this act), is amended to read:
AB953-ASA1,42,2215
938.48
(14) School-related expenses for juveniles over 17. Pay
16maintenance, tuition, and related expenses from the appropriation under s. 20.410
17(3) (ho) for persons who, when they attained 17 years of age, were students regularly
18attending a school, college, or university or regularly attending a course of vocational
19or technical training designed to prepare them for gainful employment, and who
20upon attaining that age were under the supervision of the department under s.
21938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial
22decision.
AB953-ASA1,89
23Section 89
. 938.48 (16) of the statutes is renumbered 938.48 (16) (a).
AB953-ASA1,90
24Section 90
. 938.48 (16) (b) of the statutes is created to read:
AB953-ASA1,43,8
1938.48
(16) (b) Promulgate rules governing services and programming for
2juveniles in a secured residential care center for children and youth. The department
3shall include uniform data reporting standards for counties or Indian tribes that
4operate or contract with a child welfare agency for a secured residential care center
5for children and youth in rules promulgated under this paragraph. The department
6shall base the rules it promulgates under this paragraph on the recommendations
7provided by the juvenile corrections study committee under 2017 Wisconsin Act ....
8(this act), section 110 (6) (c
) 1.
AB953-ASA1,91
9Section
91. 938.49 (title) of the statutes is amended to read:
AB953-ASA1,43,12
10938.49 (title)
Notification by court of placement with a county
11department or the department of corrections; transfer of reports and
12records.
AB953-ASA1,92
13Section
92. 938.49 (1) of the statutes is amended to read:
AB953-ASA1,43,2314
938.49
(1) Notice to county department or department of corrections of
15placement. When a court places a juvenile in a juvenile correctional facility
under
16the supervision of a county department or the department of corrections or
a secured
17residential care center for children and youth under the supervision of
the
18department of corrections a county department, the court shall immediately notify
19that the county department or the department
of corrections of that action. The court
20shall, in accordance with procedures established by the department of corrections,
21provide transportation for the juvenile to a receiving center designated by
that the
22county department or the department
of corrections or deliver the juvenile to
23personnel of
that the county department or the department
of corrections.
AB953-ASA1,93
24Section
93. 938.49 (2) (intro.) of the statutes is amended to read:
AB953-ASA1,44,5
1938.49
(2) Transfer of court report and pupil records. (intro.) When a court
2places a juvenile in a juvenile correctional facility or a secured residential care center
3for children and youth under the supervision of the department of corrections
or a
4county department, the court and all other public agencies shall immediately do all
5of the following:
AB953-ASA1,94
6Section 94
. 938.49 (2) (a) of the statutes is amended to read:
AB953-ASA1,44,107
938.49
(2) (a) Transfer to the department of corrections
or the county
8department a copy of the report submitted to the court under s. 938.33 or, if the report
9was presented orally, a transcript of the report and all other pertinent data in their
10possession.
AB953-ASA1,95
11Section 95
. 938.505 (1) of the statutes is amended to read:
AB953-ASA1,44,2112
938.505
(1) Rights and duties of department of corrections or county
13department. When a juvenile is placed under the supervision of the department of
14corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
(3), (4)
, or (5) (e) or
15under the supervision of a county department under s. 938.34
(4m) or (4n), the
16department of corrections or county department, whichever has supervision over the
17juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
18the juvenile and to provide food, shelter, legal services, education, and ordinary
19medical and dental care for the juvenile, subject to the rights, duties, and
20responsibilities of the guardian of the juvenile and subject to any residual parental
21rights and responsibilities and the provisions of any court order.
AB953-ASA1,96
22Section 96
. 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act ....
23(this act), is amended to read:
AB953-ASA1,45,824
938.505
(1) Rights and duties of department of corrections or county
25department. When a juvenile is placed under the supervision of the department of
1corrections under s. 938.183, 938.34 (4h)
, (4m) or (4n)
, or 938.357 (3), (4), or (5) (e)
2or under the supervision of a county department under s. 938.34 (4m) or (4n), the
3department of corrections or county department, whichever has supervision over the
4juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
5the juvenile and to provide food, shelter, legal services, education, and ordinary
6medical and dental care for the juvenile, subject to the rights, duties, and
7responsibilities of the guardian of the juvenile and subject to any residual parental
8rights and responsibilities and the provisions of any court order.
AB953-ASA1,97
9Section 97
. 938.52 (2) (a) and (c) of the statutes are amended to read:
AB953-ASA1,45,1910
938.52
(2) (a) In addition to facilities and services under sub. (1), the
11department of corrections may use other facilities and services under its jurisdiction.
12The department of corrections may contract for and pay for the use of other public
13facilities or private facilities for the care and treatment of juveniles in its care.
14Placement of a juvenile in a private or public facility that is not under the jurisdiction
15of the department of corrections does not terminate that department's supervision
16over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4).
17Placements in institutions for persons with a mental illness or development
18disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
19and ch. 51.
AB953-ASA1,45,2220
(c) The department of corrections may inspect any facility it is using and
21examine and consult with persons under its supervision under s. 938.183, 938.34
22(4h), (4m), or (4n), or 938.357
(3) or (4) who have been placed in the facility.
AB953-ASA1,98
23Section 98
. 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin
24Act .... (this act), are amended to read:
AB953-ASA1,46,10
1938.52
(2) (a) In addition to facilities and services under sub. (1), the
2department of corrections may use other facilities and services under its jurisdiction.
3The department of corrections may contract for and pay for the use of other public
4facilities or private facilities for the care and treatment of juveniles in its care.
5Placement of a juvenile in a private or public facility that is not under the jurisdiction
6of the department of corrections does not terminate that department's supervision
7over the juvenile under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4).
8Placements in institutions for persons with a mental illness or development
9disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
10and ch. 51.
AB953-ASA1,46,1311
(c) The department of corrections may inspect any facility it is using and
12examine and consult with persons under its supervision under s. 938.183, 938.34
13(4h)
, (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB953-ASA1,99
14Section 99
. 938.53 of the statutes is amended to read:
AB953-ASA1,46,21
15938.53 Duration of control of department of corrections over
16delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
17who has been placed under the supervision of the department of corrections under
18s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) shall be discharged as soon
19as that department determines that there is a reasonable probability that
20departmental supervision is no longer necessary for the rehabilitation and
21treatment of the juvenile or for the protection of the public.
AB953-ASA1,100
22Section 100
. 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this
23act), is amended to read:
AB953-ASA1,47,5
24938.53 Duration of control of department of corrections over
25delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
1who has been placed under the supervision of the department of corrections under
2s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon
3as that department determines that there is a reasonable probability that
4departmental supervision is no longer necessary for the rehabilitation and
5treatment of the juvenile or for the protection of the public.
AB953-ASA1,101
6Section
101. 938.535 of the statutes is amended to read:
AB953-ASA1,47,15
7938.535 Early release and intensive supervision program; limits. The
8department of corrections
or a county department may establish a program for the
9early release and intensive supervision of juveniles who have been placed in a
10juvenile correctional facility or a secured residential care center for children and
11youth under s. 938.183
or, 938.34 (4m)
, or 938.357 (3). The program may not include
12any juveniles who have been placed in a juvenile correctional facility or a secured
13residential care center for children and youth as a result of a delinquent act involving
14the commission of a violent crime as defined in s. 969.035, but not including the crime
15specified in s. 948.02 (1).
AB953-ASA1,102
16Section 102
. 938.539 (2) of the statutes is amended to read:
AB953-ASA1,47,2217
938.539
(2) Type 2 juvenile correctional facility; department of corrections
18control. A juvenile who is placed in a Type 2 juvenile correctional facility under s.
19938.357 (4)
(a) (am) or who, having been so placed, is replaced in a less restrictive
20placement under s. 938.357 (4) (c) is under the supervision and control of the
21department of corrections, is subject to the rules and discipline of that department,
22and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,103
23Section 103
. 938.539 (3) of the statutes is amended to read:
AB953-ASA1,48,824
938.539
(3) Violation of condition of placement. Notwithstanding ss. 938.19
25to 938.21, if a juvenile placed in a Type 2 residential care center for children and
1youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional
2facility under s. 938.357 (4)
(a) (am) or (c) violates a condition of his or her placement
3in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional
4facility as provided in s. 938.357 (4) (b)
1. or in a secured residential care center for
5children and youth as provided in s. 938.357 (4) (b) 2. This subsection does not
6preclude a juvenile who has violated a condition of the juvenile's placement in a Type
72 juvenile correctional facility or a Type 2 residential care center for children and
8youth from being taken into and held in custody under ss. 938.19 to 938.21.
AB953-ASA1,104
9Section 104
. 938.539 (4) of the statutes is amended to read:
AB953-ASA1,48,1510
938.539
(4) Escape or absence. A juvenile placed in a Type 2 residential care
11center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
12juvenile correctional facility under s. 938.357 (4)
(a) (am) or (c) who intentionally fails
13to remain within the extended limits of his or her placement or to return within the
14time prescribed by the administrator of the center or facility is considered an escape
15under s. 946.42 (3) (c).
AB953-ASA1,105
16Section 105
. 938.539 (5) of the statutes is amended to read:
AB953-ASA1,49,217
938.539
(5) Operation as Type 2 placement. With respect to a juvenile who is
18placed in a
secured residential care center for children and youth under s. 938.34 (4d)
19or 938.357 (4)
(a) (am) or in a less restrictive placement under s. 938.357 (4) (c), the
20child welfare agency operating the center in which the juvenile is placed, and the
21person operating any less restrictive placement in which the juvenile is placed, shall
22operate that center or less restrictive placement as a Type 2 residential care center
23for children and youth or a Type 2 juvenile correctional facility. This subsection does
24not preclude a child welfare agency or other person from placing in a residential care
25center for children and youth or less restrictive placement in which a juvenile is
1placed under s. 938.34 (4d) or 938.357 (4)
(a) (am) or (c) a juvenile who is not placed
2under s. 938.34 (4d) or 938.357 (4)
(a) (am) or (c).
AB953-ASA1,106
3Section 106
. 938.54 of the statutes is amended to read:
AB953-ASA1,49,10
4938.54 Records. The department of corrections shall keep a complete record
5on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or
6938.357
(3) or (4). This record shall include the information received from the court,
7the date of reception, all available data on the personal and family history of the
8juvenile, the results of all tests and examinations given the juvenile, and a complete
9history of all placements of the juvenile while under the supervision of the
10department of corrections.
AB953-ASA1,107
11Section 107
. 938.54 of the statutes, as affected by 2017 Wisconsin Act .... (this
12act), is amended to read:
AB953-ASA1,49,19
13938.54 Records. The department of corrections shall keep a complete record
14on each juvenile under its supervision under s. 938.183, 938.34 (4h)
, (4m), or (4n) or
15938.357 (3) or (4). This record shall include the information received from the court,
16the date of reception, all available data on the personal and family history of the
17juvenile, the results of all tests and examinations given the juvenile, and a complete
18history of all placements of the juvenile while under the supervision of the
19department of corrections.
AB953-ASA1,108
20Section 108
. 938.59 (1) of the statutes is amended to read:
AB953-ASA1,50,821
938.59
(1) Investigation and examination. The county department shall
22investigate the personal and family history and environment of any juvenile
23transferred to its legal custody or placed under its supervision under s. 938.34
(2), 24(4d)
, (4m), or (4n) and make any physical or mental examinations of the juvenile
25considered necessary to determine the type of care necessary for the juvenile. The
1county department shall screen a juvenile who is examined to determine whether the
2juvenile is in need of special treatment or care because of alcohol or other drug abuse,
3mental illness, or severe emotional disturbance. The county department shall keep
4a complete record of the information received from the court, the date of reception,
5all available data on the personal and family history of the juvenile, the results of all
6tests and examinations given the juvenile, and a complete history of all placements
7of the juvenile while in the legal custody or under the supervision of the county
8department.
AB953-ASA1,109
9Section 109
. 938.595 of the statutes is amended to read:
AB953-ASA1,50,15
10938.595 Duration of control of county departments over delinquents. 11A juvenile who has been adjudged delinquent and placed under the supervision of
12a county department under s. 938.34
(2), (4d)
, (4m), or (4n) shall be discharged as
13soon as the county department determines that there is a reasonable probability that
14it is no longer necessary either for the rehabilitation and treatment of the juvenile
15or for the protection of the public that the county department retain supervision.
AB953-ASA1,50,1717
(1)
Transfer of juveniles.
AB953-ASA1,51,318
(a)
Upon the establishment of the Type 1 juvenile correctional facilities under
19subsection (7) and the secured residential care centers for children and youth under
20subsections (4) and (7m), the department of corrections shall begin to transfer each
21juvenile held in secure custody at the Lincoln Hills School and Copper Lake School
22to the appropriate Type 1 juvenile correctional facility or secured residential care
23center for children and youth. No juvenile may be transferred to a Type 1 juvenile
24correctional facility until the department of corrections determines the facility to be
25ready to accept juveniles, and no juvenile may be transferred to a secured residential
1care center for children and youth until the entity operating the facility determines
2it to be ready to accept juveniles. The transfers may occur in phases. The department
3shall transfer all juveniles under this subsection no later than January 1, 2021.
AB953-ASA1,51,94
(b) On the date on which a juvenile who was under the supervision of the
5department of corrections under section 938.34 (2) or (4m) of the statutes is
6transferred to a secured residential care center for children and youth under
7paragraph (a), the juvenile is under the supervision of the county department of the
8county of the court that adjudicated the juvenile delinquent under section 938.34 (2)
9or (4m) of the statutes.
AB953-ASA1,51,1010
(2)
Closure and conversion of facilities.
AB953-ASA1,51,1611
(a) On the earlier of the date on which all juveniles have been transferred to
12secured residential care centers for children and youth and Type 1 juvenile
13correctional facilities under subsection (1
) or January 1, 2021, the department of
14corrections shall permanently close the Type 1 juvenile correctional facilities housed
15at the Lincoln Hills School and Copper Lake School in the town of Irma, Lincoln
16County.
AB953-ASA1,51,1917
(b) The department of corrections shall send a notice to the legislative reference
18bureau for publication in the Wisconsin Administrative Register that states the date
19on which the facilities under paragraph (a
) are closed.
AB953-ASA1,51,2020
(3)
Juvenile corrections grant committee.
AB953-ASA1,51,2221
(a)
Committee; members. There is created in the department of corrections a
22juvenile corrections grant committee consisting of the following members: