AB130: Bill Text Engrossed

AB130-engrossed,371,21 (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-engrossed,372,5 (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-engrossed,372,12 (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-engrossed,372,15 (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-engrossed,372,17 (4) Coeducational programs and institutions. The department may institute and maintain coeducational programs and institutions under this chapter.

AB130-engrossed,372,24 938.53 Duration of control of department over delinquents. Except as provided under ss. 48.366 and 938.183, 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-engrossed,373,2 938.532 Juvenile boot camp program. (1) Program. The department shall provide a juvenile boot camp program for juveniles.

AB130-engrossed,373,5 (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-engrossed,373,9 (3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a juvenile who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department.

AB130-engrossed,374,9 938.533 Corrective sanctions. (2)  Corrective sanctions program. From the appropriation under s. 20.435 (3) (hr), the department shall provide 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 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-engrossed,374,17 (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-engrossed,375,2 (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-engrossed,375,5 (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-engrossed,376,11 938.534 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, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection, 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 as a sanction, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that sanction. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection, 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 a sanction, if at the dispositional hearing the court informed the juvenile of the possibility of that sanction. 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-engrossed,376,16 (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 and the use of placement in a place of nonsecure custody for not more than 30 days as sanctions.

AB130-engrossed,376,23 938.535 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-engrossed,376,25 938.538 Serious juvenile offender program. (1) Definition. In this section, "department" means the department of corrections.

AB130-engrossed,377,4 (2) Program administration and design. The department shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h). The department shall design the program to provide all of the following:

AB130-engrossed,377,7 (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-engrossed,377,8 (b) Component phases that are intensive and highly structured.

AB130-engrossed,377,11 (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-engrossed,377,13 (3) Component phases. (a) The department shall provide each participant with one or more of the following sanctions:

AB130-engrossed,377,16 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB130-engrossed,377,22 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB130-engrossed,377,23 2. Intensive or other field supervision.

AB130-engrossed,377,24 3. Electronic monitoring.

AB130-engrossed,377,25 4. Alcohol or other drug abuse outpatient treatment and services.

AB130-engrossed,378,1 5. Mental health treatment and services.

AB130-engrossed,378,2 6. Community service.

AB130-engrossed,378,3 7. Restitution.

AB130-engrossed,378,4 8. Transitional services for education and employment.

AB130-engrossed,378,5 9. Other programs as prescribed by the department.

AB130-engrossed,378,10 (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 938.357 and 938.363, a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB130-engrossed,378,22 (4) Institutional status. (a) A participant in the serious juvenile offender program is under the supervision and control of the department and is subject to the rules and discipline of the department. Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c).

AB130-engrossed,379,8 (b) The department shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 secured correctional facility. The secretary of corrections 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. 301.02. 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 inspections required under s. 301.36.

AB130-engrossed,379,12 (5) Transfers and discharge. (a) The parole commission may grant a participant parole under s. 304.06 at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Parole supervision of the participant shall be provided by the department.

AB130-engrossed,379,16 (b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant has completed 3 years of participation in the serious juvenile offender program.

AB130-engrossed,379,19 (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program.

AB130-engrossed,379,22 (dm) The department of corrections may not transfer supervision and control over a participant in the serious juvenile offender program to the department of health and social services.

AB130-engrossed,380,3 (6) Purchase of services. The department of corrections may contract with the department of health and social services, a county department or any public or private agency for the purchase of goods, care and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under s. 20.410 (1) (cg).

AB130-engrossed,380,4 (6m) Minority hiring. (a) In this subsection:

AB130-engrossed,380,8 1. "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

AB130-engrossed,380,10 2. "Black" means a person whose ancestors originated in any of the black racial groups of Africa.

AB130-engrossed,380,13 3. "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

AB130-engrossed,380,14 4. "Minority group member" means a Black, a Hispanic or an American Indian.

AB130-engrossed,380,24 (b) In the selection of classified service employes for a secured correctional facility operated by the department for the placement of program participants under this section, the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the children placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.

AB130-engrossed,380,25 (7) Rules. The department shall promulgate rules to implement this section.

AB130-engrossed,381,6 938.54 Records. The department shall keep a complete record on each juvenile under its supervision under s. 938.183 or 938.34 (4m) or (4n). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department.

AB130-engrossed,381,20 938.547 Juvenile alcohol and other drug abuse pilot program. (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages or controlled substances who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties selected by the department.

AB130-engrossed,382,5 (2) Department responsibilities. Within the availability of funding under s. 20.435 (7) (mb) that is available for the pilot program, the department shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department shall select counties in accordance with the request-for-proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management.

AB130-engrossed,382,9 (3) Multidisciplinary screen. The multidisciplinary screen developed for the pilot program shall be used by an intake worker to determine whether or not a juvenile is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen juveniles for:

AB130-engrossed,382,10 (a) Family dysfunction.

AB130-engrossed,382,11 (b) School or truancy problems.

AB130-engrossed,382,12 (c) Mental health problems.

AB130-engrossed,382,13 (d) Delinquent behavior patterns.

AB130-engrossed,382,21 (4) Assessment criteria. The uniform alcohol and other drug abuse assessment criteria that the department developed shall be used in the pilot program under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g). An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

AB130-engrossed,382,24 938.548 Multidisciplinary screen and assessment criteria. The department shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.

AB130-engrossed,383,3 938.549 Juvenile classification system. (1) The department shall make available to all counties a juvenile classification system that includes at least all of the following:

AB130-engrossed,383,5 (a) A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense.

AB130-engrossed,383,7 (b) A needs assessment instrument for determining the service needs of a juvenile who has committed an offense.

AB130-engrossed,383,10 (c) A services and placement guide for integrating the risk and needs of a juvenile who has committed an offense with other factors to determine an appropriate placement and level of services for the juvenile.

AB130-engrossed,383,12 (2) A county may use the juvenile classification system to do any of the following:

AB130-engrossed,383,14 (a) At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney.

AB130-engrossed,383,16 (b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.

AB130-engrossed,383,18 (c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.

AB130-engrossed,383,21 (3) Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance.

AB130-engrossed,383,24 Subchapter XII County JUVENILE welfare services

AB130-engrossed,384,6 938.57 Powers and duties of county departments providing juvenile welfare services. (1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for juvenile welfare purposes by the county board of supervisors or donated by individuals or private organizations. A county department may do any of the following:

AB130-engrossed,384,14 (a) Investigate the conditions surrounding delinquent juveniles and juveniles in need of protection or services within the county and take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any juvenile who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB130-engrossed,384,19 (b) Accept legal custody or supervision of juveniles transferred to it by the court under s. 938.355 and provide special treatment and care if ordered by the court. Except as provided in s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.

AB130-engrossed,385,7 (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them 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 county department may not purchase the educational component of private day treatment programs unless the county 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 county department and the school district shall be resolved by the state superintendent of public instruction.

AB130-engrossed,385,14 (cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department by the court assigned to exercise jurisdiction under this chapter and ch. 48.

AB130-engrossed,385,16 (d) Provide for the moral and religious training of juveniles in its care according to the religious belief of the juvenile or of his or her parents.

AB130-engrossed,385,17 (f) Provide services to the court under s. 938.06.

AB130-engrossed,385,19 (g) Upon request of the department, provide service for any juvenile in the care of the department.

AB130-engrossed,385,21 (h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile.

AB130-engrossed,385,24 (2) In performing the functions specified in sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of juveniles in the county.

AB130-engrossed,386,3 (3) (a) From the reimbursement received under s. 49.52 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:

AB130-engrossed,386,4 1. Is 17 years of age or older.

AB130-engrossed,386,6 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB130-engrossed,386,8 3. Received funding under s. 49.52 (1) (d) immediately prior to his or her 17th birthday.

AB130-engrossed,386,10 4. Is living in a foster home, treatment foster home, group home or child caring institution.

AB130-engrossed,386,13 (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 49.52 (1) (d) if the juvenile were 16 years of age.

AB130-engrossed,386,24 (4) A county department may provide aftercare supervision under s. 48.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB130-engrossed,387,13 938.59 Examination and records. (1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

AB130-engrossed,387,16 (2) At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.

AB130-engrossed,387,23 938.595 Duration of control of county departments over delinquents. Except as provided in s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (4n) shall be discharged as soon as the county 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 county department retain supervision.

AB130-engrossed,387,25 SUBCHAPTER XVII GENERAL PROVISIONS ON RECORDS

AB130-engrossed,388,3 938.78 Confidentiality of records. (1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.