AB130: Bill Text

AB130,352,24 SUBCHAPTER X REHEARING AND APPEAL

AB130,353,6 938.46 New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

AB130,353,8 SUBCHAPTER XI AUTHORITY

AB130,353,10 938.48 Authority of department. The department may do all of the following:

AB130,353,16 (1) Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such juveniles where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments and licensed child welfare agencies and with parents and other individuals interested in the welfare of juveniles.

AB130,353,20 (2) Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all juveniles needing such services are reached.

AB130,353,25 (3) Accept supervision over juveniles transferred to it by the court under s. 938.355, and provide special treatment and care when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

AB130,354,12 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183 or 938.34 (4m) or (4n); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB130,354,14 (4m) Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

AB130,354,15 (a) Is at least 17 years of age.

AB130,354,17 (b) Was under the supervision of the department under s. 938.183 or 938.34 (4m) or (4n) when the person reached 17 years of age.

AB130,354,18 (c) Is less than 19 years of age.

AB130,354,21 (d) Is determined by the department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.

AB130,354,24 (5) Provide for the moral and religious training of a juvenile under its supervision under s. 938.183 or 938.34 (4m) or (4n) according to the religious belief of the juvenile or of the juvenile's parents.

AB130,355,5 (6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183 or 938.34 (4m) or (4n) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

AB130,355,8 (13) Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to aftercare supervision.

AB130,355,14 (14) Pay maintenance, tuition and related expenses from the appropriation under s. 20.435 (3) (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under s. 938.183 or 938.34 (4m) or (4n) as a result of a judicial decision.

AB130,355,17 (16) Establish and enforce standards for services provided under s. 938.183, 938.34 or 938.345. This authority does not apply to services provided by the department of corrections under s. 938.183, 938.366 (8) or 938.537.

AB130,356,4 938.49 Notification by court of transfer to department of corrections or of placement with department of health and social services; information for those departments. (1) When the court places a juvenile in a secured correctional facility or secured child caring institution under the supervision of the department of health and social services or transfers legal custody of a juvenile to the department of corrections, the court shall immediately notify the department to which the juvenile's legal custody is transferred or under whose supervision the juvenile is placed of that action. The court shall, in accordance with procedures established by the department to which the juvenile's legal custody is transferred or under whose supervision the juvenile is placed, provide transportation for the juvenile to a receiving center designated by that department or deliver the juvenile to personnel of that department.

AB130,356,13 (2) When the court places a juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department of health and social services or transfers legal custody of a juvenile to the department of corrections, the court and all other public agencies shall also immediately transfer to the department to which the juvenile's legal custody is transferred or under whose supervision the juvenile is placed 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 and shall immediately notify the juvenile's last school district in writing of its obligation under s. 118.125 (4).

AB130,356,25 938.50 Examination of juveniles under supervision of department of health and social services. (1) The department shall examine every juvenile who is placed under its supervision under s. 938.183 or 938.34 (4m) or (4n) to determine the type of placement best suited to the juvenile and to the protection of the public. This examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the juvenile and the evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision. A juvenile who is examined under this subsection shall be screened 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.

AB130,357,3 (2) In making this examination the department may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the juvenile.

AB130,357,11 938.505 Juveniles placed under correctional supervision. (1) When a juvenile is placed under the supervision of the department under s. 938.183 or 938.34 or under the supervision of a county department under s. 938.34 (4n), the department or county department 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.

AB130,357,24 (2) (a) If a juvenile 14 years of age or over who is under the supervision of the department or a county department as described in sub. (1) and who is not residing in his or her home 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 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 all of the following, the court shall grant permission for the department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

AB130,358,2 1. That the parent's or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody.

AB130,358,5 2. That the juvenile is 14 years of age or over and is competent to consent to the administration of psychotropic medication and that the juvenile voluntarily consents to the administration of psychotropic medication.

AB130,358,9 3. Based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.

AB130,358,12 (b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication pending the hearing on the petition.

AB130,358,19 938.51 Notification of release of juvenile from correctional custody. (1) At least 15 days prior to the date of release of a juvenile from a secured correctional facility or a secured child caring institution and at least 15 days prior to the release of a juvenile from the supervision of the department of health and social services or a county department or from the legal custody of the department of corrections, the department or county department having supervision or legal custody over the juvenile shall do all of the following:

AB130,358,21 (a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile's return to the community:

AB130,358,22 1. The law enforcement agencies.

AB130,358,23 2. The school district.

AB130,358,24 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

AB130,359,2 (b) Notify any known victim of an act for which the juvenile has been found delinquent of the juvenile's release, if all of the following apply:

AB130,359,3 2. The victim can be found.

AB130,359,4 3. The victim has sent in a request card under sub. (2).

AB130,359,8 (c) Notify, if the victim died as a result of the juvenile's delinquent act and if the criteria under par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old and if the criteria under par. (b) are met, the victim's parent or legal guardian.

AB130,359,16 (1m) The department or county department having supervision or legal custody over a juvenile 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 secured correctional facility or from the supervision or legal custody of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB130,359,19 (1r) The notification under sub. (1) shall include only the juvenile's name, the date of the juvenile's release and the type of placement to which the juvenile is released.

AB130,360,4 (2) The department of health and social services shall design and prepare cards for victims specified in sub. (1) (b) and (c) to send to the department or county department having supervision or legal custody over the juvenile. The cards shall have space for these persons to provide their names and addresses and any other information that the department of health and social services determines is necessary. The department of health and social services shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b) and (c). These persons may send completed cards to the department or county department having supervision or legal custody over the juvenile.

AB130,360,8 (3) Timely release of a juvenile shall not be prejudiced by the fact that the department or county department having supervision or legal custody over the juvenile did not notify the victims or the local agencies under sub. (1) within the 15 days.

AB130,360,11 938.52 Facilities for care of juveniles in care of department. (1) Facilities maintained or used for juveniles. The department may maintain or use the following facilities for juveniles in its care:

AB130,360,12 (a) Receiving homes to be used for the temporary care of juveniles.

AB130,360,13 (b) Foster homes or treatment foster homes.

AB130,360,14 (c) Group homes.

AB130,360,17 (d) Institutions, facilities and services, including without limitation forestry or conservation camps for the training and treatment of juveniles 10 years of age or older who have been adjudged delinquent.

AB130,360,21 (f) Other facilities deemed by the department 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 eligible for aid under s. 49.19 if such funds would reduce federal funds to this state.

AB130,361,5 (2) Use of other facilities. (a) In addition to the facilities and services described in sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care; but placement of juveniles in private or public facilities not under its jurisdiction does not terminate the supervision under s. 938.183 or 938.34 (4m) or (4n) of the department. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.63 and 938.34 (6) (am) and ch. 51.

AB130,361,12 (b) Public facilities are required to accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department inconsistently with its functions or with the laws and regulations governing their activities; or to give the department authority to use any private facility without its consent.

AB130,361,15 (c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons under its supervision under s. 938.183 or 938.34 (4m) or (4n) who have been placed in that facility.

AB130,361,17 (4) Coeducational programs and institutions. The department may institute and maintain coeducational programs and institutions under this chapter.

AB130,361,24 938.53 Duration of control of department over delinquents. Except as provided under ss. 938.183 and 938.366, all juveniles adjudged delinquent who have been placed under the supervision of the department under s. 938.183 or 938.34 (4m) or (4n) shall be discharged as soon as the department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the department retain supervision.

AB130,362,2 938.532 Juvenile boot camp program. (1) Program. The department shall provide a juvenile boot camp program for juveniles.

AB130,362,5 (2) Program eligibility. The department may place in the juvenile boot camp program any juvenile who has been placed in a secured correctional facility or a secured child caring institution, under the supervision of the department.

AB130,363,7 938.533 Corrective sanctions. (2)  Corrective sanctions program. From the appropriation under s. 20.435 (3) (a), the department shall provide $433,500, and from the appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for a corrective sanctions program to serve an average daily population of 105 juveniles, or an average daily population of more that 105 juveniles if the appropriation under s. 20.435 (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), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the division of youth services in the department shall evaluate and select for participation in the program juveniles who have been placed in a secured correctional facility or a secured child caring institution under the supervision of the department under s. 938.183 or 938.34 (4m). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection 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 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 shall promulgate rules to implement the program.

AB130,363,15 (3) Institutional status. (a) A participant in the corrective sanctions program remains under the supervision of the department, remains 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 violates a condition of that juvenile's participation in the corrective sanctions program the department may, without a hearing, take the juvenile into custody and place the juvenile in a secured detention facility or return the juvenile to placement in a Type 1 secured correctional facility or a secured child caring institution.

AB130,363,25 (b) The department shall operate the corrective sanctions program as a Type 2 secured correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 secured correctional facility. The Type 2 secured correctional facility is subject to s. 46.03 (1). Construction or establishment of a Type 2 secured 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 secured 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.

AB130,364,3 (3m) Escape. If a juvenile runs away from the juvenile's placement in the community while participating in the corrective sanctions program, that juvenile is considered to have escaped in violation of s. 946.42 (3) (c).

AB130,365,4 938.534 Intensive supervision program. (1) A county department may provide an intensive supervision program for juveniles who have been adjudicated delinquent and ordered to participate in an intensive supervision program under s. 938.34 (2r). A county department that provides an intensive supervision program shall purchase or provide intensive surveillance and community-based treatment services for participants in that program and may purchase or provide electronic monitoring for the intensive surveillance of program participants. A caseworker providing services under an intensive supervision program may have a case load of no more than 10 juveniles and shall have not less than one face-to-face contact per day with each juvenile who is assigned to that caseworker. Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition of the juvenile's participation in the program, the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility for not more than 72 hours while the alleged violation is being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement. Notwithstanding ss. 938.19 to 938.21, the juvenile's caseworker may also, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as crisis intervention, if the juvenile is in need of crisis intervention and if at the dispositional hearing the court informed the juvenile of the possibility of that placement. If the juvenile is held in a secure detention facility for longer than 72 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall be conducted in the manner provided in s. 938.21, except that the hearing shall be conducted within 72 hours, rather than 24 hours, after the end of the day that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

AB130,365,10 (2) The department shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include rules that govern the use of placement in a secure detention facility for not more than 72 hours while a violation of a condition of a juvenile's participation in the program is being investigated and the use of placement in a place of nonsecure custody for not more than 30 days as crisis intervention.

AB130,365,13 (3) From the appropriation under s. 20.435 (3) (bg), the department shall award $100,000 in fiscal year 1995-96 as grants to county departments to provide intensive supervision programs under this section.

AB130,365,20 938.535 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a secured correctional facility or a secured child caring institution under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a secured correctional facility or a secured caring institution 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).

AB130,365,25 938.536 Intensive aftercare program. (1) Purpose. The purpose of the intensive aftercare program is to reduce the rate of recidivism of juveniles who have been released from secured correctional facilities and child caring institutions by determining the types and levels of intensity of programs, services and supervision that are effective in reducing the rate of recidivism for juveniles on aftercare.

AB130,366,5 (2) Intensive aftercare program establishment. The department shall conduct an intensive aftercare program for juveniles who have been placed in a secured correctional facility or a secured child caring institution under s. 938.183 or 938.34 (4m) or a child caring institution under s. 938.34 (3) (d) and who have been released on aftercare from any of those placements.

AB130,366,15 (3) Selection of grant recipients. (a) From the appropriation under s. 20.435 (3) (au), the department shall award grants to counties that are selected to participate in the intensive aftercare program. The department may award grants to single counties or to counties that apply jointly to operate a single intensive aftercare program. The applications shall be submitted by, and the grants shall be awarded to, the county department in each county that administers community youth and family aids under s. 46.26. In awarding grants under this paragraph, the department shall give preference to counties that operated intensive aftercare pilot programs under s. 48.535, 1991 stats., on January 1, 1993. No county may receive a grant or grants under this paragraph totaling more than $75,000 in any year.

AB130,366,19 (b) The department shall select intensive aftercare program grant recipients based on applications submitted to the department. Applications and selection shall be in accordance with the request-for-proposal procedures established by the department. Each application shall do all of the following:

AB130,366,21 1. Identify the applicant's goals relating to recidivism for juveniles participating in the intensive aftercare program.

AB130,367,2 2. Assure that the aftercare services available to the participants will include school tutoring and other educational services; vocational training and counseling; alcohol and other drug abuse outpatient treatment, intervention and education; family counseling; employment services; recreational opportunities; and assistance with independent-living arrangements.

AB130,367,4 3. Identify the manner in which the participants who are in need of various aftercare services will obtain or have access to those services.

AB130,367,9 4. If par. (c) 2. applies, identify the method for random selection of the intensive aftercare program participants. The random selection of participants shall operate to ensure that the intensive aftercare program participants are as representative as possible of the characteristics of the total population of juveniles on aftercare in the geographic area designated under par. (c) 2.

AB130,367,12 5. Include proof that the applicant is able to provide matching funds for the applicant's program under this section from sources other than a grant awarded under par. (a) equal to 25% of the amount awarded under par. (a).

AB130,367,16 (c) 1. Except if subd. 2. applies, the application shall ensure that the intensive aftercare program will be provided to each juvenile who is eligible under sub. (4) for the intensive aftercare program in the county or counties that the applicant or joint applicants represent.

AB130,367,22 2. If an applicant is a single county with a population of 500,000 or more, the application may specify a particular geographic area within the county in which the intensive aftercare program will be administered. The application shall ensure that the intensive aftercare program will be provided to each juvenile who is in the geographic area and eligible under sub. (4) and who meets the random selection criteria established under par. (b) 4.

AB130,367,25 (4) Eligibility. A juvenile who resides in a county that receives a grant to administer an intensive aftercare program is eligible for the intensive aftercare program if any of the following applies:

AB130,368,4 (a) The juvenile is placed in a secured correctional facility or child caring institution as a result of a conviction under s. 938.183 or an adjudication of delinquency under s. 938.34 during the time in which the intensive aftercare program is administered.

AB130,368,7 (b) The juvenile is released from a secured correctional facility or child caring institution on aftercare during the time in which the intensive aftercare program is being administered.

AB130,368,10 (5) Components of intensive aftercare program. Each grant recipient shall ensure that the intensive aftercare program will include all of the following components:

AB130,368,16 (a) That participants in the intensive aftercare program will receive not less than one supervisory contact per day, for the first 60 days of participation in the program, with a person designated to provide aftercare services and that, after 60 days of participation in the program, participants may receive less than one supervisory contact per day if all of the participant's aftercare services providers agree that a reduced level of supervisory contact is appropriate.

AB130,369,7 (b) That, if a juvenile participating in the intensive aftercare program enters a secured correctional facility or a child caring institution as a result of a conviction under s. 938.183 or an adjudication of delinquency under s. 938.34, the grant recipient will designate a case manager for that juvenile. For any juvenile who meets the criteria under sub. (4) (b), a case manager will be appointed at the earliest possible opportunity prior to the juvenile's release. The case manager shall act as a liaison between the secured correctional facility or child caring institution and the intensive aftercare program and develop an intensive aftercare plan to be implemented upon the juvenile's release from the secured correctional facility or child caring institution. The plan shall specify the number of contacts that the juvenile shall receive under the intensive aftercare program, the programs and services to be provided to the juvenile while on intensive aftercare, the planning and treatment goals of the juvenile's participation in the intensive aftercare program and the estimated length of time that the juvenile will participate in the intensive aftercare program. The plan shall be developed in consultation with representatives of the division of youth services in the department.

AB130,369,13 (c) That intensive aftercare will be provided to each juvenile participating in the intensive aftercare program for a period of not less than 90 days from the date on which the juvenile is released from the secured correctional facility or child caring institution. The participant may receive intensive aftercare programming and services after this minimum period if necessary to ensure that planning and treatment goals for the juvenile are met.

AB130,369,18 (d) That the programs and services specified in sub. (3) (b) 2. will be provided, or made available, to an intensive aftercare program participant in accordance with the aftercare plan and the participant's needs. Grant recipients may provide these programs and services directly or through a public or private provider under contract with the grant recipient.

AB130,369,22 (6) Minimum qualifications of providers. (a) A case manager providing services under sub. (5) (b) shall have at least a bachelor's degree and 2 years of experience in working with delinquent juveniles, as specified by the department, or a master's degree.

AB130,369,25 (b) Persons engaging in the supervisory contacts under sub. (5) (a) shall have at least a bachelor's degree or a minimum of 2 years of experience in working with delinquent juveniles, as specified by the department, or both.

AB130,370,2 938.537 Youthful offender program. (1) Definition. In this section, "department" means the department of corrections.

AB130,370,6 (2) Program administration and design. The department shall administer a youthful offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4g). The department shall design the program to provide all of the following:

AB130,370,9 (a) Supervision, care and rehabilitation that is less costly than ordinary placement in a secured correctional facility under s. 938.34 (4m) and more restrictive than ordinary supervision in the community.

AB130,370,10 (b) Component phases that are intensive and highly structured.

AB130,370,13 (c) A series of component phases for each participant that is based on public safety considerations and the participant's need for supervision, care and rehabilitation.

AB130,370,15 (3) Component phases. (a) The department shall provide each participant with one or more of the following sanctions: