AB150,946,1010 CHAPTER 48
AB150,946,1311 SUBCHAPTER IX
12 JURISDICTION OVER PERSON 18 17
13OR OLDER
AB150, s. 2523 14Section 2523. 48.44 (title) and (1) of the statutes are amended to read:
AB150,946,17 1548.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has
16jurisdiction over persons 18 17 or older as provided under ss. 48.355 (4) and 48.45 and
17as otherwise specifically provided in this chapter.
AB150, s. 2524 18Section 2524. 48.45 (1) (a) of the statutes is amended to read:
AB150,946,2519 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty
21of contributing to, encouraging, or tending to cause by any act or omission, such
22condition of the child, the judge may make orders with respect to the conduct of such
23person in his or her relationship to the child, including orders determining the ability
24of the person to provide for the maintenance or care of the child and directing when,
25how and where funds for the maintenance or care shall be paid.
AB150, s. 2525
1Section 2525. 48.45 (3) of the statutes is amended to read:
AB150,947,62 48.45 (3) If it appears at a court hearing that any person 18 17 or older has
3violated s. 948.40, the judge shall refer the record to the district attorney for criminal
4proceedings as may be warranted in the district attorney's judgment. This
5subsection does not prevent prosecution of violations of s. 948.40 without the prior
6reference by the judge to the district attorney, as in other criminal cases.
AB150, s. 2526 7Section 2526. 48.48 (intro.) of the statutes is amended to read:
AB150,947,9 848.48 (title) Authority of department of health and social services.
9(intro.) The department of health and social services shall have authority:
AB150, s. 2527 10Section 2527. 48.48 (3) of the statutes is amended to read:
AB150,947,1511 48.48 (3) To accept legal custody supervision of children transferred to it by the
12court under s. 48.355 48.34 (4m) and guardianship of children when appointed by the
13court, and to provide special treatment and care when directed by the court. A court
14may not direct the department to administer psychotropic medications to children
15who receive special treatment or care under this subsection.
AB150, s. 2528 16Section 2528. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385,
17is amended to read:
AB150,948,518 48.48 (4) To provide appropriate care and training for children in its legal
19custody or under its supervision under s. 48.34 (4m) or (4n); including serving those
20children in their own homes, placing them in licensed foster homes or licensed
21treatment foster homes in accordance with s. 48.63 or licensed group homes,
22contracting for their care by licensed child welfare agencies or replacing them in
23juvenile correctional institutions operated by the department in accordance with
24rules promulgated under ch. 227, except that the department shall not purchase the
25educational component of private day treatment programs for children in its custody

1unless the department, the school board as defined in s. 115.001 (7) and the state
2superintendent
department of public instruction education all determine that an
3appropriate public education program is not available. Disputes between the
4department and the school district shall be resolved by the state superintendent
5department of public instruction education.
AB150, s. 2529 6Section 2529. 48.48 (4m) (a) of the statutes is amended to read:
AB150,948,77 48.48 (4m) (a) Is at least 18 17 years of age;
AB150, s. 2530 8Section 2530. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act
9385
, is amended to read:
AB150,948,1110 48.48 (4m) (b) Was in the legal custody of the department or under its
11supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;
AB150, s. 2531 12Section 2531. 48.48 (12) (a) of the statutes is amended to read:
AB150,948,1713 48.48 (12) (a) To enter into an agreement to assist in the cost of care of a child
14after legal adoption when the department has determined that such assistance is
15necessary to assure the child's adoption. Agreements under this paragraph shall be
16made in accordance with s. 48.975. Payments shall be made from the appropriation
17under s. 20.435 (7) (3) (dd).
AB150, s. 2532 18Section 2532 . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385,
19is amended to read:
AB150,949,220 48.48 (14) To pay maintenance, tuition and related expenses from the
21appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
22reached 18 17 years of age were students regularly attending a school, college or
23university or regularly attending a course of vocational or technical training
24designed to fit them for gainful employment, and who when reaching that age were

1in the legal custody of the department or under its supervision under s. 48.34 (4m)
2or (4n) as a result of a judicial decision.
AB150, s. 2533 3Section 2533. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385
4and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150,949,115 48.48 (14) To pay maintenance, tuition and related expenses from the
6appropriations under s. 20.435 (3) (dd) and (ho) for persons who, when they reached
717 years of age, were students regularly attending a school, college or university or
8regularly attending a course of vocational or technical training designed to fit them
9for gainful employment, and who when reaching that age were in the legal custody
10of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of
11a judicial decision.
****Note: This is reconciled s. 48.48 (14). This Section has been affected by drafts with the
following LRB numbers: -2402/2 and -2478/2.
AB150, s. 2534 12Section 2534. 48.48 (16) of the statutes is amended to read:
AB150,949,1513 48.48 (16) To establish and enforce standards for services provided under ss.
1448.34 and 48.345 (1) (a) and (e). This authority does not apply to services provided
15by the department of corrections under s. 48.366 (8) or 48.537.
AB150, s. 2535 16Section 2535. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377,
17385 and 491, is amended to read:
AB150,950,6 1848.49 (title) Notification by court of transfer to department of
19corrections or of
placement with department of health and social services;
20information for
those departments department. (1) When the court places a
21child in a secured correctional facility under the supervision of the department of
22health and social services or transfers legal custody of a child to the department of
23corrections
, the court shall immediately notify the that department to which the

1child's legal custody is transferred or under whose supervision the child is placed
of
2that action. The court shall, in accordance with procedures established by the
3department to which the child's legal custody is transferred or under whose
4supervision the child is placed
of health and social services, provide transportation
5for the child to a receiving center designated by that department or deliver the child
6to personnel of that department.
AB150,950,14 7(2) When the court places a child in a secured correctional facility under the
8supervision of the department of health and social services or transfers legal custody
9of a child to the department of corrections
, the court and all other public agencies
10shall also immediately transfer to the that department to which the child's legal
11custody is transferred or under whose supervision the child is placed
a copy of the
12report submitted to the court under s. 48.33 and all other pertinent data in their
13possession and shall immediately notify the child's last school district in writing of
14its obligation under s. 118.125 (4).
AB150, s. 2536 15Section 2536. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385
16and 491, is amended to read:
AB150,951,317 48.50 (1) The department shall examine every child who is placed under its
18supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by
19the court to determine the type of placement best suited to the child and, in the case
20of a child who has violated a state law, to the protection of the public. This
21examination shall include an investigation of the personal and family history of the
22child and his or her environment, any physical or mental examinations considered
23necessary to determine the type of placement that is necessary for the child and the
24evaluation under s. 48.533 (1) or (2) to determine whether the child is eligible for
25corrective sanctions supervision. A child who is examined under this subsection

1shall be screened to determine whether the child is in need of special treatment or
2care because of alcohol or other drug abuse, mental illness or severe emotional
3disturbance.
AB150, s. 2537 4Section 2537 . 48.505 of the statutes, as created by 1993 Wisconsin Act 385,
5is amended to read:
AB150,951,17 648.505 (title) Children placed in a secured correctional facility or on
7aftercare under supervision of department of health and social services or
8county department
. The When a child is under the supervision of the department
9of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366
10or under the supervision of a county department under s. 48.34 (4n), the
department
11or county department having supervision over the child shall have the right and duty
12to protect, train, discipline, treat and confine a child who is placed in a secured
13correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366,
the child and
14to provide food, shelter, legal services, education and ordinary medical and dental
15care for the child, subject to the rights, duties and responsibilities of the guardian of
16the child and subject to any residual parental rights and responsibilities and the
17provisions of any court order.
AB150, s. 2538 19Section 2538. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Acts
20377 and 385, is amended to read:
AB150,951,22 2148.51 (title) Notification by department of health and social services
22of release of child from correctional custody.
AB150, s. 2539 23Section 2539 . 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
24Acts 377 and 385, is amended to read:
AB150,952,225 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a
26secured correctional facility or a placement in the community under the corrective

1sanctions program or the youthful serious juvenile offender program, the
2department of health and social services or the department of corrections shall:
AB150, s. 2540 3Section 2540. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
4Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
5read:
AB150,952,86 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a
7secured correctional facility or a placement in the community under the corrective
8sanctions program, the department shall:
****Note: This is reconciled s. 48.51 (1) (intro.). This Section has been affected by drafts
with the following LRB numbers: 2479/4 and 2481/3.
AB150, s. 2541 9Section 2541. 48.52 (title) of the statutes is amended to read:
AB150,952,11 1048.52 (title) Facilities for care of children in care of department of
11health and social services
.
AB150, s. 2542 12Section 2542. 48.53 (title) of the statutes, as affected by 1993 Wisconsin Act
13385
, is amended to read:
AB150,952,15 1448.53 (title) Duration of control of department of health and social
15services
over delinquents.
AB150, s. 2543 16Section 2543. 48.532 (1) of the statutes is amended to read:
AB150,952,1917 48.532 (1) Program. Beginning 1995, the The department shall provide a
18juvenile boot camp program for children who have been placed under s. 48.34 (4m)
19in a secured correctional facility under the supervision of the department
.
AB150, s. 2544 20Section 2544. 48.532 (2) of the statutes is amended to read:
AB150,953,221 48.532 (2) Program eligibility. The department may place in the juvenile boot
22camp program any child whose legal custody has been transferred to the department

1under s. 48.34 (4m) for placement
who has been placed under s. 48.34 (4m) in a
2secured correctional facility under the supervision of the department.
AB150, s. 2545 3Section 2545. 48.532 (3) of the statutes is created to read:
AB150,953,74 48.532 (3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
5has completed the juvenile boot camp program and who is released from a secured
6correctional facility shall be placed under aftercare supervision administered by the
7department.
AB150, s. 2546 8Section 2546. 48.533 (1) of the statutes is repealed.
****Note: This is reconciled s. 48.533 (1). This Section has been affected by drafts with the
following LRB numbers: 2481/3 and 2772/3.
AB150, s. 2547 9Section 2547. 48.533 (2) of the statutes is amended to read:
AB150,954,1210 48.533 (2) Corrective sanctions program. From the appropriation under s.
1120.435 (3) (a), the
The department shall provide $433,500, and from the
12appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for

13a corrective sanctions program, beginning on July 1, 1994, to serve an average daily
14population of 105 children, or an average daily population of more than 105 children
15if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515
16and the positions for the program are increased under s. 13.101 or 16.505 (2),
in not
17less than 3 counties, including Milwaukee county. The juvenile offender review
18program in the division of youth services in the department shall evaluate and select
19for participation in the program children who have been placed in a secured
20correctional facility under s. 48.34 (4m). The department shall place a program
21participant in the community, provide intensive surveillance of that participant and
22provide an average of $5,000 per year per participant to purchase community-based
23treatment services for each participant. The department shall make the intensive

1surveillance required under this subsection available 24 hours a day, 7 days a week,
2and may purchase or provide electronic monitoring for the intensive surveillance of
3program participants. The department shall provide a report center in Milwaukee
4county to provide on-site programming after school and in the evening for children
5from Milwaukee county who are placed in the corrective sanctions program. A
6contact worker providing services under the program shall have a case load of
7approximately 10 children and, during the initial phase of placement in the
8community under the program of a child who is assigned to that contact worker, shall
9have not less than one face-to-face contact per day with that child. Case
10management services under the program shall be provided by a corrective sanctions
11agent who shall have a case load of approximately 15 children. The department shall
12promulgate rules to implement the program.
****Note: This is reconciled s. 48.533 (2). This Section has been affected by drafts with the
following LRB numbers: 0926/1, 2481/3 and 2772/3.
AB150, s. 2548 13Section 2548. 48.533 (3) of the statutes, as affected by 1993 Wisconsin Act 385,
14is amended to read:
AB150,955,415 48.533 (3) Institutional status. A participant in the pilot program under sub.
16(1) or the
program under sub. (2) remains under the supervision of the department,
17remains subject to the rules and discipline of that department and is considered to
18be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if
19a child violates a condition of that child's participation in the pilot program under
20sub. (1) or the
program under sub. (2) the department may, without a hearing, take
21the child into custody and return the child to placement in a secured correctional
22facility for up to 72 hours as a sanction for that violation. If the child is returned to
23a secured correctional facility, for longer than 72 hours, the child is entitled to a

1hearing under s. 48.357 (5). If a child runs away from the child's placement in the
2community while participating in the pilot program under sub. (1) or the program
3under sub. (2), that child is considered to have escaped in violation of s. 946.42 (3)
4(c).
AB150, s. 2549 5Section 2549. 48.534 of the statutes is repealed.
AB150, s. 2550 6Section 2550. 48.536 of the statutes is repealed.
****Note: This is reconciled s. 48.536. This Section has been affected by drafts with the
following LRB numbers: 2297/1 and 2481/3.
AB150, s. 2551 7Section 2551. 48.537 (title) of the statutes, as created by 1993 Wisconsin Act
8377
, is amended to read:
AB150,955,9 948.537 (title) Youthful Serious juvenile offender program.
AB150, s. 2552 10Section 2552. 48.537 (2) (intro.) of the statutes, as created by 1993 Wisconsin
11Act 377
, is amended to read:
AB150,955,1512 48.537 (2)Program administration and design. (intro.) The department shall
13administer a youthful serious juvenile offender program for children who have been
14adjudicated delinquent and ordered to participate in the program under s. 48.34 (4g).
15The department shall design the program to provide all of the following:
AB150, s. 2553 16Section 2553. 48.537 (3) (a) 1. of the statutes, as created by 1993 Wisconsin
17Act 377
, is amended to read:
AB150,955,2018 48.537 (3) (a) 1. Subject to subd. 1m., placement in a secured correctional
19facility or, if the participant is 18 17 years of age or over, a Type 1 prison, as defined
20in s. 301.01 (5), for a period of not more than 3 years.
AB150, s. 2554 21Section 2554. 48.537 (3) (a) 1m. of the statutes, as created by 1993 Wisconsin
22Act 377
, is amended to read:
AB150,956,6
148.537 (3) (a) 1m. If the participant has been adjudicated delinquent for
2committing an act that would be a Class A felony if committed by an adult, placement
3in a secured correctional facility or, if the participant is 18 17 years of age or over, a
4Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age,
5unless the participant is released sooner, subject to a mandatory minimum period of
6confinement of not less than one year.
AB150, s. 2555 7Section 2555. 48.537 (4) of the statutes, as created by 1993 Wisconsin Act 377,
8is amended to read:
AB150,956,209 48.537 (4) Institutional status. A participant in the youthful serious juvenile
10offender program is in the legal custody and under the control of the department and
11is subject to the rules and discipline of the department. Notwithstanding ss. 48.19
12to 48.21, if a participant violates a condition of his or her participation in the program
13under sub. (3) (a) 2. to 9. the department may, without a hearing, take the participant
14into custody and return him or her to placement in a secured correctional facility or,
15if the participant is 18 17 years of age or over, a Type 1 prison, as defined in s. 301.01
16(5). Any intentional failure of a participant to remain within the extended limits of
17his or her placement while participating in the youthful serious juvenile offender
18program or to return within the time prescribed by the administrator of the division
19of intensive sanctions in the department is considered an escape under s. 946.42 (3)
20(c).
****Note: This is reconciled s. 48.537 (4). This Section has been affected by drafts with the
following LRB numbers: 2478/2 and 2479/4.
AB150, s. 2556 21Section 2556. 48.537 (5) (a) of the statutes, as created by 1993 Wisconsin Act
22377
, is amended to read:
AB150,957,4
148.537 (5) (a) The parole commission may grant a participant parole under s.
2304.06 at any time after the participant has completed 2 years of participation in the
3youthful serious juvenile offender program. Parole supervision of the participant
4shall be provided by the department.
AB150, s. 2557 5Section 2557. 48.537 (5) (b) of the statutes, as created by 1993 Wisconsin Act
6377
, is amended to read:
AB150,957,107 48.537 (5) (b) The department may discharge a participant from participation
8in the youthful serious juvenile offender program and from departmental custody
9and control at any time after the participant has completed 3 years of participation
10in the youthful serious juvenile offender program.
AB150, s. 2558 11Section 2558. 48.537 (5) (c) of the statutes, as created by 1993 Wisconsin Act
12377
, is amended to read:
AB150,957,1513 48.537 (5) (c) Sections 48.357 and 48.363 do not apply to changes of placement
14and revisions of orders for a child who is a participant in the youthful serious juvenile
15offender program.
AB150, s. 2559 16Section 2559. 48.537 (5) (dm) of the statutes, as created by 1993 Wisconsin Act
17377
, is renumbered 48.537 (5) (dm) 1. and amended to read:
AB150,957,2118 48.537 (5) (dm) 1. The If the department of health and social services agrees,
19the
department of corrections may not transfer legal custody supervision and control
20over a participant in the youthful serious juvenile offender program to the
21department of health and social services.
AB150, s. 2560 22Section 2560. 48.537 (5) (dm) 2. of the statutes is created to read:
AB150,958,223 48.537 (5) (dm) 2. If the department of corrections agrees, the department of
24health and social services may transfer supervision and control over a person who

1is under the supervision of the department of health and social services to the
2department of corrections for participation in the serious juvenile offender program.
AB150, s. 2561 3Section 2561 . 48.537 (6) of the statutes, as created by 1993 Wisconsin Act 377,
4is amended to read:
AB150,958,105 48.537 (6) Purchase of services. The department of corrections may contract
6with the department of health and social services, a county department or any public
7or private agency for the purchase of goods, care and services for participants in the
8youthful serious juvenile offender program. The department of corrections shall
9reimburse a person from whom it purchases goods, care or services under this
10subsection from the appropriation under s. 20.410 (1) (am).
AB150, s. 2562 11Section 2562. 48.537 (6) of the statutes, as affected by 1993 Wisconsin Act 377
12and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
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