AB953-SSA1,35,39
938.357
(4) (am) When the juvenile is placed with the department of
10corrections, that department may, after an examination under s. 938.50, place the
11juvenile in a juvenile correctional facility or, with the consent of the operating entity,
12a secured residential care center for children and youth or on community supervision
13or aftercare supervision, either immediately or after a period of placement in a
14juvenile correctional facility or a secured residential care center for children and
15youth. The department of corrections shall send written notice of the change in
16placement to the parent, guardian, legal custodian, county department designated
17under s. 938.34 (4n), if any, and committing court. If the department of corrections
18places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare
19agency, that department shall reimburse the child welfare agency at the rate
20established under s. 49.343 that is applicable to the type of placement that the child
21welfare agency is providing for the juvenile. If the department of corrections places
22a juvenile in a secured residential care center for children and youth under this
23paragraph, the department of corrections shall contract with the operating entity for
24the care and services provided under s. 301.08. A juvenile who is placed in a Type 2
25juvenile correctional facility or a secured residential care center for children and
1youth under this paragraph remains under the supervision of the department of
2corrections, remains subject to the rules and discipline of that department, and is
3considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-SSA1,71
4Section 71
. 938.357 (4) (b) 1. of the statutes is amended to read:
AB953-SSA1,35,135
938.357
(4) (b) 1. If a juvenile whom the department of corrections has placed
6in a Type 2 juvenile correctional facility operated by a child welfare agency violates
7a condition of his or her placement in the Type 2 juvenile correctional facility, the
8child welfare agency operating the Type 2 juvenile correctional facility shall notify
9the department of corrections and that department, after consulting with the child
10welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
or,
11with the consent of the operating entity, a secured residential care center for children
12and youth, a under the supervision of the department, without a hearing under sub.
13(1) (am) 2.
AB953-SSA1,72
14Section
72. 938.357 (4) (b) 2. of the statutes is amended to read:
AB953-SSA1,36,715
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
16care center for children and youth under s. 938.34 (4d) violates a condition of his or
17her placement in the Type 2 residential care center for children and youth, the child
18welfare agency operating the Type 2 residential care center for children and youth
19shall notify the county department that has supervision over the juvenile
and, if the
20county department agrees to a change in placement under this subdivision, the child
21welfare agency shall notify the department of corrections, and that
. The county 22department, after consulting with the child welfare agency, may place the juvenile
23in a
Type 1 juvenile correctional facility under the supervision of the department of
24corrections secured residential care center for children and youth, without a hearing
25under sub. (1) (am) 2., for not more than 10 days.
If a juvenile is placed in a Type 1
1juvenile correctional facility under this subdivision, the county department that has
2supervision over the juvenile shall reimburse the child welfare agency operating the
3Type 2 residential care center for children and youth in which the juvenile was
4placed at the rate established under s. 49.343, and that child welfare agency shall
5reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2.
6or 3., whichever is applicable, for the cost of the juvenile's care while placed in a
7Type 1 juvenile correctional facility.
AB953-SSA1,73
8Section
73. 938.357 (4) (b) 4. of the statutes is amended to read:
AB953-SSA1,36,119
938.357
(4) (b) 4. A juvenile may seek review of a decision of the department
10of corrections
or the county department under subd. 1. or 2. only by the common law
11writ of certiorari.
AB953-SSA1,74
12Section 74
. 938.357 (4) (c) 1. of the statutes is amended to read:
AB953-SSA1,36,2113
938.357
(4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
14operated by a child welfare agency under par.
(a)
(am) and it appears that a less
15restrictive placement would be appropriate for the juvenile, the department of
16corrections, after consulting with the child welfare agency that is operating the
17Type 2 juvenile correctional facility, may place the juvenile in a less restrictive
18placement, and may return the juvenile to the Type 2 juvenile correctional facility
19without a hearing under sub. (1) (am) 2. The rate for each type of placement shall
20be established by the department of children and families, in consultation with the
21department of corrections, in the manner provided in s. 49.343.
AB953-SSA1,75
22Section 75
. 938.357 (4) (d) of the statutes is created to read:
AB953-SSA1,37,1423
938.357
(4) (d) 1. If a juvenile under the supervision of the department of
24corrections is placed in a secured residential care center for children and youth and
25that secured residential care center for children and youth is unable to meet the
1treatment needs of the juvenile, the operating entity shall notify the department of
2corrections and the department of corrections, after consulting with the operating
3entity, may place the juvenile in a secured residential care center for children and
4youth that is able to meet the treatment needs of the juvenile without a hearing
5under sub. (1) (am) 2. if the receiving operating entity agrees. The department of
6corrections shall send written notice of the change in placement to the parent,
7guardian, legal custodian, county department designated under s. 938.34 (4n), if any,
8and committing court. If the department of corrections places a juvenile in a secured
9residential care center for children and youth under this subdivision, the department
10of corrections shall contract with the operating entity for the care and services
11provided under s. 301.08. A juvenile who is placed in a secured residential care
12center for children and youth under this subdivision remains under the supervision
13of the department of corrections, remains subject to the rules and discipline of that
14department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-SSA1,38,615
2. If a juvenile under the supervision of a county department is placed in a
16secured residential care center for children and youth and that secured residential
17care center for children and youth is unable to meet the treatment needs of the
18juvenile, the supervising county department, after consulting with the operating
19entity, may transfer the juvenile to a different secured residential care center for
20children and youth that is able to meet the treatment needs of the juvenile and offers
21more appropriate care and services without a hearing under sub. (1) (am) 2. if the
22receiving operating entity agrees. The supervising county department shall send
23written notice of the change in placement to the parent, guardian, legal custodian,
24county department designated under s. 938.34 (4n), if any, and committing court. If
25a county department places a juvenile in a secured residential care center for
1children and youth under this subdivision, the county department shall contract
2with the operating entity for the care and services provided. If a county department
3places a juvenile in a secured residential care center for children and youth under
4this subdivision, the juvenile remains under the supervision of the placing county
5department, remains subject to the rules and discipline of that county department,
6and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-SSA1,38,87
3. A juvenile may seek review of a decision by the department of corrections or
8county department under subd. 1. or 2. only by the common law writ of certiorari.
AB953-SSA1,76
9Section
76. 938.357 (4m) of the statutes is amended to read:
AB953-SSA1,38,1510
938.357
(4m) Release to community supervision or aftercare supervision. 11The department of corrections shall try to release a juvenile to community
12supervision
or and the county department with supervision of a juvenile shall try to
13release the juvenile to aftercare supervision under sub. (4) within 30 days after the
14date on which
that the department
of corrections or county department determines
15the juvenile is eligible for the release.
AB953-SSA1,77
16Section 77
. 938.48 (3) of the statutes is amended to read:
AB953-SSA1,38,2217
938.48
(3) Supervision and special treatment or care. Accept supervision over
18juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n),
19or 938.357
(3) or (4), and provide special treatment or care to juveniles when directed
20by the court. Except as provided in s. 938.505 (2), a court may not direct the
21department to administer psychotropic medications to juveniles who receive special
22treatment or care under this subsection.
AB953-SSA1,78
23Section 78
. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act ....
24(this act), is amended to read:
AB953-SSA1,39,6
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-SSA1,79
7Section 79
. 938.48 (4) of the statutes is amended to read:
AB953-SSA1,39,218
938.48
(4) Care, training, and placement. Provide appropriate care and
9training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
10(4n), or 938.357
(3) or (4), including serving those juveniles in their own homes,
11placing them in licensed foster homes or licensed group homes under s. 48.63 or in
12independent living situations as provided in s. 938.34 (3) (e), contracting for their
13care by licensed child welfare agencies, or replacing them in juvenile correctional
14facilities or secured residential care centers for children and youth in accordance
15with rules promulgated under ch. 227, except that the department may not purchase
16the educational component of private day treatment programs for a juvenile in its
17custody unless the department, the school board, as defined in s. 115.001 (7), and the
18state superintendent of public instruction all determine that an appropriate public
19education program is not available for the juvenile. Disputes between the
20department and the school district shall be resolved by the state superintendent of
21public instruction.
AB953-SSA1,80
22Section 80
. 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act ....
23(this act), is amended to read:
AB953-SSA1,40,1224
938.48
(4) Care, training, and placement. Provide appropriate care and
25training for juveniles under its supervision under s. 938.183, 938.34 (4h)
, (4m), or
1(4n), or 938.357 (3) or (4), including serving those juveniles in their own homes,
2placing them in licensed foster homes or licensed group homes under s. 48.63 or in
3independent living situations as provided in s. 938.34 (3) (e), contracting for their
4care by licensed child welfare agencies, or replacing them in juvenile correctional
5facilities or secured residential care centers for children and youth in accordance
6with rules promulgated under ch. 227, except that the department may not purchase
7the educational component of private day treatment programs for a juvenile in its
8custody unless the department, the school board, as defined in s. 115.001 (7), and the
9state superintendent of public instruction all determine that an appropriate public
10education program is not available for the juvenile. Disputes between the
11department and the school district shall be resolved by the state superintendent of
12public instruction.
AB953-SSA1,81
13Section 81
. 938.48 (4m) (b) of the statutes is amended to read:
AB953-SSA1,40,1514
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
15938.34 (4h), (4m) or (4n) or 938.357
(3) or (4) when the person reached 17 years of age.
AB953-SSA1,82
16Section 82
. 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act
17.... (this act), is amended to read:
AB953-SSA1,40,1918
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
19938.34 (4h)
, (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
AB953-SSA1,83
20Section 83
. 938.48 (5) of the statutes is amended to read:
AB953-SSA1,40,2421
938.48
(5) Moral and religious training. Provide for the moral and religious
22training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or
23(4n), or 938.357
(3) or (4) according to the religious beliefs of the juvenile or of the
24juvenile's parents.
AB953-SSA1,84
1Section
84
. 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act ....
2(this act), is amended to read:
AB953-SSA1,41,63
938.48
(5) Moral and religious training. Provide for the moral and religious
4training of a juvenile under its supervision under s. 938.183, 938.34 (4h)
, (4m), or
5(4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the
6juvenile's parents.
AB953-SSA1,85
7Section 85
. 938.48 (6) of the statutes is amended to read:
AB953-SSA1,41,138
938.48
(6) Emergency surgery. Consent to emergency surgery under the
9direction of a licensed physician or surgeon for any juvenile under its supervision
10under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) upon notification by
11a licensed physician or surgeon of the need for the surgery and if reasonable effort,
12compatible with the nature and time limitation of the emergency, has been made to
13secure the consent of the juvenile's parent or guardian.
AB953-SSA1,86
14Section 86
. 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act ....
15(this act), is amended to read:
AB953-SSA1,41,2116
938.48
(6) Emergency surgery. Consent to emergency surgery under the
17direction of a licensed physician or surgeon for any juvenile under its supervision
18under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) upon notification by
19a licensed physician or surgeon of the need for the surgery and if reasonable effort,
20compatible with the nature and time limitation of the emergency, has been made to
21secure the consent of the juvenile's parent or guardian.
AB953-SSA1,87
22Section 87
. 938.48 (14) of the statutes is amended to read:
AB953-SSA1,42,523
938.48
(14) School-related expenses for juveniles over 17. Pay
24maintenance, tuition, and related expenses from the appropriation under s. 20.410
25(3) (ho) for persons who, when they attained 17 years of age, were students regularly
1attending a school, college, or university or regularly attending a course of vocational
2or technical training designed to prepare them for gainful employment, and who
3upon attaining that age were under the supervision of the department under s.
4938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) as a result of a judicial
5decision.
AB953-SSA1,88
6Section 88
. 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act ....
7(this act), is amended to read:
AB953-SSA1,42,158
938.48
(14) School-related expenses for juveniles over 17. Pay
9maintenance, tuition, and related expenses from the appropriation under s. 20.410
10(3) (ho) for persons who, when they attained 17 years of age, were students regularly
11attending a school, college, or university or regularly attending a course of vocational
12or technical training designed to prepare them for gainful employment, and who
13upon attaining that age were under the supervision of the department under s.
14938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial
15decision.
AB953-SSA1,89
16Section 89
. 938.48 (16) of the statutes is renumbered 938.48 (16) (a).
AB953-SSA1,90
17Section 90
. 938.48 (16) (b) of the statutes is created to read:
AB953-SSA1,42,2518
938.48
(16) (b) Promulgate rules governing services and programming for
19juveniles in a secured residential care center for children and youth. The department
20shall include uniform data reporting standards for counties or Indian tribes that
21operate or contract with a child welfare agency for a secured residential care center
22for children and youth in rules promulgated under this paragraph. The department
23shall base the rules it promulgates under this paragraph on the recommendations
24provided by the juvenile corrections study committee under 2017 Wisconsin Act ....
25(this act), section 110 (6) (c
) 1.
AB953-SSA1,91
1Section
91. 938.49 (title) of the statutes is amended to read:
AB953-SSA1,43,4
2938.49 (title)
Notification by court of placement with a county
3department or the department of corrections; transfer of reports and
4records.
AB953-SSA1,92
5Section
92. 938.49 (1) of the statutes is amended to read:
AB953-SSA1,43,156
938.49
(1) Notice to county department or department of corrections of
7placement. When a court places a juvenile in a juvenile correctional facility
under
8the supervision of a county department or the department of corrections or
a secured
9residential care center for children and youth under the supervision of
the
10department of corrections a county department, the court shall immediately notify
11that the county department or the department
of corrections of that action. The court
12shall, in accordance with procedures established by the department of corrections,
13provide transportation for the juvenile to a receiving center designated by
that the
14county department or the department
of corrections or deliver the juvenile to
15personnel of
that the county department or the department
of corrections.
AB953-SSA1,93
16Section
93. 938.49 (2) (intro.) of the statutes is amended to read:
AB953-SSA1,43,2117
938.49
(2) Transfer of court report and pupil records. (intro.) When a court
18places a juvenile in a juvenile correctional facility or a secured residential care center
19for children and youth under the supervision of the department of corrections
or a
20county department, the court and all other public agencies shall immediately do all
21of the following:
AB953-SSA1,94
22Section 94
. 938.49 (2) (a) of the statutes is amended to read:
AB953-SSA1,44,223
938.49
(2) (a) Transfer to the department of corrections
or the county
24department a copy of the report submitted to the court under s. 938.33 or, if the report
1was presented orally, a transcript of the report and all other pertinent data in their
2possession.
AB953-SSA1,95
3Section 95
. 938.505 (1) of the statutes is amended to read:
AB953-SSA1,44,134
938.505
(1) Rights and duties of department of corrections or county
5department. When a juvenile is placed under the supervision of the department of
6corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357
(3), (4)
, or (5) (e) or
7under the supervision of a county department under s. 938.34
(4m) or (4n), the
8department of corrections or county department, whichever has supervision over the
9juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
10the juvenile and to provide food, shelter, legal services, education, and ordinary
11medical and dental care for the juvenile, subject to the rights, duties, and
12responsibilities of the guardian of the juvenile and subject to any residual parental
13rights and responsibilities and the provisions of any court order.
AB953-SSA1,96
14Section 96
. 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act ....
15(this act), is amended to read:
AB953-SSA1,44,2516
938.505
(1) Rights and duties of department of corrections or county
17department. When a juvenile is placed under the supervision of the department of
18corrections under s. 938.183, 938.34 (4h)
, (4m) or (4n)
, or 938.357 (3), (4), or (5) (e)
19or under the supervision of a county department under s. 938.34 (4m) or (4n), the
20department of corrections or county department, whichever has supervision over the
21juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
22the juvenile and to provide food, shelter, legal services, education, and ordinary
23medical and dental care for the juvenile, subject to the rights, duties, and
24responsibilities of the guardian of the juvenile and subject to any residual parental
25rights and responsibilities and the provisions of any court order.
AB953-SSA1,97
1Section
97. 938.52 (2) (a) and (c) of the statutes are amended to read:
AB953-SSA1,45,112
938.52
(2) (a) In addition to facilities and services under sub. (1), the
3department of corrections may use other facilities and services under its jurisdiction.
4The department of corrections may contract for and pay for the use of other public
5facilities or private facilities for the care and treatment of juveniles in its care.
6Placement of a juvenile in a private or public facility that is not under the jurisdiction
7of the department of corrections does not terminate that department's supervision
8over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4).
9Placements in institutions for persons with a mental illness or development
10disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
11and ch. 51.
AB953-SSA1,45,1412
(c) The department of corrections may inspect any facility it is using and
13examine and consult with persons under its supervision under s. 938.183, 938.34
14(4h), (4m), or (4n), or 938.357
(3) or (4) who have been placed in the facility.
AB953-SSA1,98
15Section 98
. 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin
16Act .... (this act), are amended to read:
AB953-SSA1,46,217
938.52
(2) (a) In addition to facilities and services under sub. (1), the
18department of corrections may use other facilities and services under its jurisdiction.
19The department of corrections may contract for and pay for the use of other public
20facilities or private facilities for the care and treatment of juveniles in its care.
21Placement of a juvenile in a private or public facility that is not under the jurisdiction
22of the department of corrections does not terminate that department's supervision
23over the juvenile under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4).
24Placements in institutions for persons with a mental illness or development
1disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
2and ch. 51.
AB953-SSA1,46,53
(c) The department of corrections may inspect any facility it is using and
4examine and consult with persons under its supervision under s. 938.183, 938.34
5(4h)
, (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB953-SSA1,99
6Section 99
. 938.53 of the statutes is amended to read:
AB953-SSA1,46,13
7938.53 Duration of control of department of corrections over
8delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
9who has been placed under the supervision of the department of corrections under
10s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) shall be discharged as soon
11as that department determines that there is a reasonable probability that
12departmental supervision is no longer necessary for the rehabilitation and
13treatment of the juvenile or for the protection of the public.
AB953-SSA1,100
14Section 100
. 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this
15act), is amended to read:
AB953-SSA1,46,22
16938.53 Duration of control of department of corrections over
17delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
18who has been placed under the supervision of the department of corrections under
19s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon
20as that department determines that there is a reasonable probability that
21departmental supervision is no longer necessary for the rehabilitation and
22treatment of the juvenile or for the protection of the public.
AB953-SSA1,101
23Section
101. 938.535 of the statutes is amended to read:
AB953-SSA1,47,7
24938.535 Early release and intensive supervision program; limits. The
25department of corrections
or a county department may establish a program for the
1early release and intensive supervision of juveniles who have been placed in a
2juvenile correctional facility or a secured residential care center for children and
3youth under s. 938.183
or, 938.34 (4m)
, or 938.357 (3). The program may not include
4any juveniles who have been placed in a juvenile correctional facility or a secured
5residential care center for children and youth as a result of a delinquent act involving
6the commission of a violent crime as defined in s. 969.035, but not including the crime
7specified in s. 948.02 (1).
AB953-SSA1,102
8Section 102
. 938.539 (2) of the statutes is amended to read:
AB953-SSA1,47,149
938.539
(2) Type 2 juvenile correctional facility; department of corrections
10control. A juvenile who is placed in a Type 2 juvenile correctional facility under s.
11938.357 (4)
(a) (am) or who, having been so placed, is replaced in a less restrictive
12placement under s. 938.357 (4) (c) is under the supervision and control of the
13department of corrections, is subject to the rules and discipline of that department,
14and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-SSA1,103
15Section 103
. 938.539 (3) of the statutes is amended to read:
AB953-SSA1,47,2516
938.539
(3) Violation of condition of placement. Notwithstanding ss. 938.19
17to 938.21, if a juvenile placed in a Type 2 residential care center for children and
18youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional
19facility under s. 938.357 (4)
(a) (am) or (c) violates a condition of his or her placement
20in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional
21facility as provided in s. 938.357 (4) (b)
1. or in a secured residential care center for
22children and youth as provided in s. 938.357 (4) (b) 2. This subsection does not
23preclude a juvenile who has violated a condition of the juvenile's placement in a Type
242 juvenile correctional facility or a Type 2 residential care center for children and
25youth from being taken into and held in custody under ss. 938.19 to 938.21.
AB953-SSA1,104
1Section
104. 938.539 (4) of the statutes is amended to read:
AB953-SSA1,48,72
938.539
(4) Escape or absence. A juvenile placed in a Type 2 residential care
3center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
4juvenile correctional facility under s. 938.357 (4)
(a) (am) or (c) who intentionally fails
5to remain within the extended limits of his or her placement or to return within the
6time prescribed by the administrator of the center or facility is considered an escape
7under s. 946.42 (3) (c).
AB953-SSA1,105
8Section 105
. 938.539 (5) of the statutes is amended to read:
AB953-SSA1,48,199
938.539
(5) Operation as Type 2 placement. With respect to a juvenile who is
10placed in a
secured residential care center for children and youth under s. 938.34 (4d)
11or 938.357 (4)
(a) (am) or in a less restrictive placement under s. 938.357 (4) (c), the
12child welfare agency operating the center in which the juvenile is placed, and the
13person operating any less restrictive placement in which the juvenile is placed, shall
14operate that center or less restrictive placement as a Type 2 residential care center
15for children and youth or a Type 2 juvenile correctional facility. This subsection does
16not preclude a child welfare agency or other person from placing in a residential care
17center for children and youth or less restrictive placement in which a juvenile is
18placed under s. 938.34 (4d) or 938.357 (4)
(a)
(am) or (c) a juvenile who is not placed
19under s. 938.34 (4d) or 938.357 (4)
(a) (am) or (c).
AB953-SSA1,106
20Section 106
. 938.54 of the statutes is amended to read:
AB953-SSA1,49,2
21938.54 Records. The department of corrections shall keep a complete record
22on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or
23938.357
(3) or (4). This record shall include the information received from the court,
24the date of reception, all available data on the personal and family history of the
25juvenile, the results of all tests and examinations given the juvenile, and a complete
1history of all placements of the juvenile while under the supervision of the
2department of corrections.
AB953-SSA1,107
3Section 107
. 938.54 of the statutes, as affected by 2017 Wisconsin Act .... (this
4act), is amended to read:
AB953-SSA1,49,11
5938.54 Records. The department of corrections shall keep a complete record
6on each juvenile under its supervision under s. 938.183, 938.34 (4h)
, (4m), or (4n) or
7938.357 (3) or (4). This record shall include the information received from the court,
8the date of reception, all available data on the personal and family history of the
9juvenile, the results of all tests and examinations given the juvenile, and a complete
10history of all placements of the juvenile while under the supervision of the
11department of corrections.
AB953-SSA1,108
12Section 108
. 938.59 (1) of the statutes is amended to read:
AB953-SSA1,49,2513
938.59
(1) Investigation and examination. The county department shall
14investigate the personal and family history and environment of any juvenile
15transferred to its legal custody or placed under its supervision under s. 938.34
(2), 16(4d)
, (4m), or (4n) and make any physical or mental examinations of the juvenile
17considered necessary to determine the type of care necessary for the juvenile. The
18county department shall screen a juvenile who is examined to determine whether the
19juvenile is in need of special treatment or care because of alcohol or other drug abuse,
20mental illness, or severe emotional disturbance. The county department shall keep
21a complete record of the information received from the court, the date of reception,
22all available data on the personal and family history of the juvenile, the results of all
23tests and examinations given the juvenile, and a complete history of all placements
24of the juvenile while in the legal custody or under the supervision of the county
25department.
AB953-SSA1,109
1Section
109. 938.595 of the statutes is amended to read:
AB953-SSA1,50,7
2938.595 Duration of control of county departments over delinquents. 3A juvenile who has been adjudged delinquent and placed under the supervision of
4a county department under s. 938.34
(2), (4d)
, (4m), or (4n) shall be discharged as
5soon as the county department determines that there is a reasonable probability that
6it is no longer necessary either for the rehabilitation and treatment of the juvenile
7or for the protection of the public that the county department retain supervision.
AB953-SSA1,50,99
(1)
Transfer of juveniles.
AB953-SSA1,50,2010
(a)
Upon the establishment of the Type 1 juvenile correctional facilities under
11subsection (7) and the secured residential care centers for children and youth under
12subsections (4) and (7m), the department of corrections shall begin to transfer each
13juvenile held in secure custody at the Lincoln Hills School and Copper Lake School
14to the appropriate Type 1 juvenile correctional facility or secured residential care
15center for children and youth. No juvenile may be transferred to a Type 1 juvenile
16correctional facility until the department of corrections determines the facility to be
17ready to accept juveniles, and no juvenile may be transferred to a secured residential
18care center for children and youth until the entity operating the facility determines
19it to be ready to accept juveniles. The transfers may occur in phases. The department
20shall transfer all juveniles under this subsection no later than January 1, 2021.
AB953-SSA1,51,221
(b) On the date on which a juvenile who was under the supervision of the
22department of corrections under section 938.34 (2) or (4m) of the statutes is
23transferred to a secured residential care center for children and youth under
24paragraph (a), the juvenile is under the supervision of the county department of the
1county of the court that adjudicated the juvenile delinquent under section 938.34 (2)
2or (4m) of the statutes.
AB953-SSA1,51,33
(2)
Closure and conversion of facilities.
AB953-SSA1,51,94
(a) On the earlier of the date on which all juveniles have been transferred to
5secured residential care centers for children and youth and Type 1 juvenile
6correctional facilities under subsection (1
) or January 1, 2021, the department of
7corrections shall permanently close the Type 1 juvenile correctional facilities housed
8at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln
9County.
AB953-SSA1,51,1210
(b) The department of corrections shall send a notice to the legislative reference
11bureau for publication in the Wisconsin Administrative Register that states the date
12on which the facilities under paragraph (a
) are closed.