AB150-engrossed,883,2522
48.52
(2) (c) The department shall have the right to inspect all facilities it is
23using and to examine and consult with persons
in its legal custody or under its
24supervision under s. 48.34 (4m) or (4n) who have been whom the department has 25placed in that facility.
AB150-engrossed,884,64
48.532
(1) Program. Beginning 1995, the The department shall provide a
5juvenile boot camp program for children
who have been placed under s. 48.34 (4m)
6in a secured correctional facility under the supervision of the department.
AB150-engrossed, s. 2543m
7Section 2543m. 48.532 (1) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is repealed and recreated to read:
AB150-engrossed,884,119
48.532
(1) Program. The department of corrections shall provide a juvenile
10bootcamp program for children who have been placed in the serious juvenile offender
11program under s. 48.34 (4h) or in a secured correctional facility under s. 48.34 (4m).
AB150-engrossed,884,1613
48.532
(2) Program eligibility. The department may place in the juvenile boot
14camp program any child
whose legal custody has been transferred to the department
15under s. 48.34 (4m) for placement who has been placed under s. 48.34 (4m) in a
16secured correctional facility
under the supervision of the department.
AB150-engrossed, s. 2544m
17Section 2544m. 48.532 (2) of the statutes, as affected by 1995 Wisconsin Act
18.... (this act), is repealed and recreated to read:
AB150-engrossed,884,2219
48.532
(2) Program eligibility. The department of corrections may place in the
20juvenile boot camp program any child who has been placed in the serious juvenile
21offender program under s. 48.34 (4h) or in a secured correctional facility under s.
2248.34 (4m).
AB150-engrossed,885,224
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
25has completed the juvenile boot camp program and who is released from a secured
1correctional facility shall be placed under aftercare supervision administered by the
2department.
AB150-engrossed, s. 2545m
3Section 2545m. 48.532 (3) of the statutes, as created by 1995 Wisconsin Act
4.... (this act), is amended to read:
AB150-engrossed,885,85
48.532
(3) Aftercare supervision. Notwithstanding s. 48.34 (4n), a child who
6has completed the juvenile boot camp program and who is released from a secured
7correctional facility shall be placed under aftercare supervision administered by the
8department
of corrections.
AB150-engrossed,886,1111
48.533
(2) Corrective sanctions program. From the appropriation under s.
1220.435 (3)
(a) (hr), the department shall provide
$433,500, and from the
13appropriation under s. 20.435 (3) (hr), the department shall provide $2,192,900, for 14a corrective sanctions program
, beginning on July 1, 1994, to serve an average daily
15population of 105 children, or an average daily population of more that 105 children
16if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515
17and the positions for the program are increased under s. 13.101 or 16.505 (2), in not
18less than 3 counties, including Milwaukee county. The juvenile offender review
19program
in the division of youth services in the department shall evaluate and select
20for participation in the program children who have been placed in a secured
21correctional facility under s. 48.34 (4m). The department shall place a program
22participant in the community, provide intensive surveillance of that participant and
23provide an average of $5,000 per year per participant to purchase community-based
24treatment services for each participant. The department shall make the intensive
25surveillance required under this subsection available 24 hours a day, 7 days a week,
1and may purchase or provide electronic monitoring for the intensive surveillance of
2program participants. The department shall provide a report center in Milwaukee
3county to provide on-site programming after school and in the evening for children
4from Milwaukee county who are placed in the corrective sanctions program. A
5contact worker providing services under the program shall have a case load of
6approximately 10 children and, during the initial phase of placement in the
7community under the program of a child who is assigned to that contact worker, shall
8have not less than one face-to-face contact per day with that child. Case
9management services under the program shall be provided by a corrective sanctions
10agent who shall have a case load of approximately 15 children. The department shall
11promulgate rules to implement the program.
AB150-engrossed, s. 2547p
12Section 2547p. 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed and recreated to read:
AB150-engrossed,887,1414
48.533
(2) Corrective sanctions program. From the appropriation under s.
1520.410 (3) (hr), the department of corrections shall provide a corrective sanctions
16program to serve an average daily population of 105 children, or an average daily
17population of more that 105 children if the appropriation under s. 20.410 (3) (hr) is
18supplemented under s. 13.101 or 16.515 and the positions for the program are
19increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including
20Milwaukee County. The juvenile offender review program in the division of juvenile
21corrections in the department of corrections shall evaluate and select for
22participation in the program children who have been placed in the serious juvenile
23offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34
24(4m). The department of corrections shall place a program participant in the
25community, provide intensive surveillance of that participant and provide an
1average of $5,000 per year per participant to purchase community-based treatment
2services for each participant. The department of corrections shall make the intensive
3surveillance required under this subsection available 24 hours a day, 7 days a week,
4and may purchase or provide electronic monitoring for the intensive surveillance of
5program participants. The department of corrections shall provide a report center
6in Milwaukee County to provide on-site programming after school and in the
7evening for children from Milwaukee County who are placed in the corrective
8sanctions program. A contact worker providing services under the program shall
9have a case load of approximately 10 children and, during the initial phase of
10placement in the community under the program of a child who is assigned to that
11contact worker, shall have not less than one face-to-face contact per day with that
12child. Case management services under the program shall be provided by a
13corrective sanctions agent who shall have a case load of approximately 15 children.
14The department of corrections shall promulgate rules to implement the program.
AB150-engrossed,888,417
48.533
(3) Institutional status. A participant in the
pilot program under sub.
18(1) or the program under sub. (2) remains under the supervision of the department,
19remains subject to the rules and discipline of that department and is considered to
20be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, if
21a child violates a condition of that child's participation in the
pilot program under
22sub. (1) or the program under sub. (2) the department may, without a hearing, take
23the child into custody and return the child to placement in a secured correctional
24facility for up to 72 hours as a sanction for that violation. If the child is returned to
25a 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-engrossed,888,187
48.533
(3) Institutional status. A participant in the program under sub. (2)
8remains under the supervision of the department of corrections, remains subject to
9the rules and discipline of that department of corrections and is considered to be in
10custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 48.19 to 48.21, but subject
11to s. 48.538 (4), if a child violates a condition of that child's participation in the
12program under sub. (2) the department of corrections may, without a hearing, take
13the child into custody and return the child to placement in a secured correctional
14facility for up to 72 hours as a sanction for that violation. If the child is returned to
15a secured correctional facility, for longer than 72 hours, the child is entitled to a
16hearing under s. 48.357 (5). If a child runs away from the child's placement in the
17community while participating in the program under sub. (2), that child is
18considered to have escaped in violation of s. 946.42 (3) (c).
AB150-engrossed,888,2420
48.534
(2) The department
of corrections shall promulgate rules specifying the
21requirements for an intensive supervision program under this section. The rules
22shall include rules that govern the use of placement in a secure detention facility for
23not more than 72 hours as a sanction for a violation of a condition of a child's
24participation in the program.
AB150-engrossed,889,9
348.535 Early release and intensive supervision program; limits. The
4department
of corrections may establish a program for the early release and
5intensive supervision of children who have been placed in a secured correctional
6facility under s. 48.34 (4m). The program may not include any children who have
7been placed in a secured correctional facility as a result of a delinquent act involving
8the commission of a violent crime as defined in s. 969.035, but not including the crime
9specified in s. 948.02 (1).
AB150-engrossed,889,15
1448.538 Serious offender program. (1) Definition. In this section,
15"department" means the department of corrections.
AB150-engrossed,889,19
16(2) Program administration and design. The department shall administer a
17serious juvenile offender program for children who have been adjudicated
18delinquent and ordered to participate in the program under s. 48.34 (4h). The
19department shall design the program to provide all of the following:
AB150-engrossed,889,2120
(a) Supervision, care and rehabilitation that is more restrictive than ordinary
21supervision in the community.
AB150-engrossed,889,2222
(b) Component phases that are intensive and highly structured.
AB150-engrossed,889,2523
(c) A series of component phases for each participant that is based on public
24safety considerations and the participant's need for supervision, care and
25rehabilitation.
AB150-engrossed,890,2
1(3) Component phases. (a) The department shall provide each participant with
2one or more of the following sanctions:
AB150-engrossed,890,53
1. Subject to subd. 1m., placement in a secured correctional facility, a secured
4child caring institution or, if the participant is 17 years of age or over, a Type 1 prison,
5as defined in s. 301.01 (5), for a period of not more than 3 years.
AB150-engrossed,890,116
1m. If the participant has been adjudicated delinquent for committing an act
7that would be a Class A felony if committed by an adult, placement in a secured
8correctional facility, a secured child caring institution or, if the participant is 17 years
9of age or over, a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches
1025 years of age, unless the participant is released sooner, subject to a mandatory
11minimum period of confinement of not less than one year.
AB150-engrossed,890,1312
1p. Alternate care, including placement in a foster home, treatment foster
13home, group home or child caring institution.
AB150-engrossed,890,1614
2. Intensive or other field supervision, including corrective sanctions
15supervision under s. 48.533, aftercare supervision or, if the participant is 17 years
16of age or over, intensive sanctions supervision under s. 301.048.
AB150-engrossed,890,1717
3. Electronic monitoring.
AB150-engrossed,890,1818
4. Alcohol or other drug abuse outpatient treatment and services.
AB150-engrossed,890,1919
5. Mental health treatment and services.
AB150-engrossed,890,2020
6. Community service.
AB150-engrossed,890,2222
8. Transitional services for education and employment.
AB150-engrossed,890,2323
9. Other programs as prescribed by the department.
AB150-engrossed,891,424
(b) The department may provide the sanctions under par. (a) in any order, may
25provide more than one sanction at a time and may return to a sanction that was used
1previously for a participant. Notwithstanding ss. 48.357, 48.363 and 48.533 (3), a
2participant is not entitled to a hearing regarding the department's exercise of
3authority under this subsection unless the department provides for a hearing by
4rule.
AB150-engrossed,891,16
5(4) Institutional status. A participant in the serious juvenile offender
6program is under the supervision and control of the department and is subject to the
7rules and discipline of the department. Notwithstanding ss. 48.19 to 48.21, if a
8participant violates a condition of his or her participation in the program under sub.
9(3) (a) 2. to 9. the department may, without a hearing, take the participant into
10custody and return him or her to placement in a secured correctional facility or
11secured child caring institution or, if the participant is 17 years of age or over, a Type
121 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain
13within the extended limits of his or her placement while participating in the serious
14juvenile offender program or to return within the time prescribed by the
15administrator of the division of intensive sanctions in the department is considered
16an escape under s. 946.42 (3) (c).
AB150-engrossed,891,20
17(5) Transfers and discharge. (a) The parole commission may grant a
18participant parole under s. 304.06 at any time after the participant has completed
192 years of participation in the serious juvenile offender program. Parole supervision
20of the participant shall be provided by the department.
AB150-engrossed,891,2421
(b) The department may discharge a participant from participation in the
22serious juvenile offender program and from departmental supervision and control at
23any time after the participant has completed 3 years of participation in the serious
24juvenile offender program.
AB150-engrossed,892,3
1(c) Sections 48.357 and 48.363 do not apply to changes of placement and
2revisions of orders for a child who is a participant in the serious juvenile offender
3program.
AB150-engrossed,892,12
4(6) Purchase of services. The department of corrections may contract with the
5department of health and social services, a county department or any public or
6private agency for the purchase of goods, care and services for participants in the
7serious juvenile offender program. The department of corrections shall reimburse
8a person from whom it purchases goods, care or services under this subsection from
9the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care
10or services are purchased is placed in a Type 1 prison, as defined in s. 301.01 (5), or
11is under intensive sanctions supervision under s. 301.048, from the appropriate
12appropriation under s. 20.410 (1).
AB150-engrossed,892,13
13(6m) Minority hiring. (a) In this subsection:
AB150-engrossed,892,1714
1. "American Indian" means a person who is enrolled as a member of a federally
15recognized American Indian tribe or band or who possesses documentation of at least
16one-fourth American Indian ancestry or documentation of tribal recognition as an
17American Indian.
AB150-engrossed,892,1918
2. "Black" means a person whose ancestors originated in any of the black racial
19groups of Africa.
AB150-engrossed,892,2220
3. "Hispanic" means a person of any race whose ancestors originated in Mexico,
21Puerto Rico, Cuba, Central America or South America or whose culture or origin is
22Spanish.
AB150-engrossed,892,2323
4. "Minority group member" means a Black, a Hispanic or an American Indian.
AB150-engrossed,893,824
(b) In the selection of classified service employes for a secured correctional
25facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a), the appointing
1authority shall make every effort to use the expanded certification program under
2s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and
3selection in the department of employment relations to ensure that the percentage
4of employes who are minority group members approximates the percentage of the
5children placed at that secured correctional facility who are minority group
6members. The administrator of the division of merit recruitment and selection in the
7department of employment relations shall provide guidelines for the administration
8of this selection procedure.
AB150-engrossed,893,9
9(7) Rules. The department shall promulgate rules to implement this section.
AB150-engrossed,893,1713
48.551
(1) The department shall establish a state adoption center for the
14purposes of increasing public knowledge of adoption and promoting to adolescents
15and pregnant women the availability of adoption services. From the appropriation
16under s. 20.435
(6) (3) (dg), the department may contract with individuals and
17private agencies to operate the adoption center.
AB150-engrossed,893,20
1948.553 Authority of department of corrections. The department of
20corrections may do all of the following:
AB150-engrossed,893,25
21(1) Promote the enforcement of the laws relating to delinquent children and
22take the initiative in all matters involving the interests of such children where
23adequate provision therefor is not made. This duty shall be discharged in
24cooperation with the courts, county departments, licensed child welfare agencies and
25with parents and other individuals interested in the welfare of children.
AB150-engrossed,894,5
1(2) Accept supervision of children transferred to it by the court under s. 48.34
2(4h), (4m) or (4n) or 48.357 (4) and provide special treatment and care when directed
3by the court. A court may not direct the department of corrections to administer
4psychotropic medications to children who receive special treatment or care under
5this subsection.
AB150-engrossed,894,17
6(3) Provide appropriate care and training for children under its supervision
7under s. 48.34 (4h), (4m) or (4n) or 48.357 (4); including serving those children in
8their own homes, placing them in licensed foster homes or licensed treatment foster
9homes in accordance with s. 48.63 or licensed group homes, contracting for their care
10by licensed child welfare agencies or replacing them in juvenile correctional
11institutions in accordance with rules promulgated under ch. 227, except that the
12department of corrections may not purchase the educational component of private
13day treatment programs for children in its custody unless that department, the
14school board as defined in s. 115.001 (7) and the state superintendent of public
15instruction all determine that an appropriate public education program is not
16available. Disputes between the department of corrections and the school district
17shall be resolved by the state superintendent of public instruction.
AB150-engrossed,894,20
18(5) Provide for the moral and religious training of a child under its supervision
19under s. 48.34 (4h), (4m) or (4n) according to the religious belief of the child or of the
20child's parents.
AB150-engrossed,894,25
21(6) Consent to emergency surgery under the direction of a licensed physician
22or surgeon for any child under its supervision under s. 48.34 (4h), (4m) or (4n) upon
23notification by a licensed physician or surgeon of the need for such surgery and if
24reasonable effort, compatible with the nature and time limitation of the emergency,
25has been made to secure the consent of the child's parent or guardian.
AB150-engrossed,895,3
1(7) Promulgate rules for the payment of an allowance to children in its
2institutions and a cash grant to a child being discharged from its institutions or
3released to aftercare or serious juvenile offender supervision in the community.
AB150-engrossed,895,10
4(8) Pay maintenance, tuition and related expenses from the appropriations
5under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age
6were students regularly attending a school, college or university or regularly
7attending a course of vocational or technical training designed to fit them for gainful
8employment, and who when reaching that age were under the supervision of the
9department of corrections under s. 48.34 (4h), (4m) or (4n) as a result of a judicial
10decision.
AB150-engrossed,895,11
11(9) Establish and enforce standards for services provided under s. 48.34.
AB150-engrossed,895,19
1348.554 Notification by court of placement with department of
14corrections; information for department. (1) When the court places a child
15under the supervision of the department of corrections, the court shall immediately
16notify the department of corrections of that action. The court shall, in accordance
17with procedures established by the department of corrections, provide
18transportation for the child to a receiving center designated by that department or
19deliver the child to personnel of that department.
AB150-engrossed,895,24
20(2) When the court places a child under the supervision of the department of
21corrections, the court and all other public agencies shall also immediately transfer
22to the department of corrections a copy of the report submitted to the court under s.
2348.33 and all other pertinent data in their possession and shall immediately notify
24the child's last school district in writing of its obligation under s. 118.125 (4).
AB150-engrossed,896,11
148.555 Examination of children under supervision of department of
2corrections. (1) The department of corrections shall examine every child who is
3placed under its supervision by the court to determine the type of placement best
4suited to the child and to the protection of the public. This examination shall include
5an investigation of the personal and family history of the child and his or her
6environment, any physical or mental examinations considered necessary to
7determine the type of placement that is necessary for the child and an evaluation to
8determine whether the child is eligible for serious juvenile offender supervision. A
9child who is examined under this subsection shall be screened to determine whether
10the child is in need of special treatment or care because of alcohol or other drug abuse,
11mental illness or severe emotional disturbance.
AB150-engrossed,896,14
12(2) In making this examination the department of corrections may use any
13facilities, public or private, that offer aid to it in the determination of the correct
14placement for the child.
AB150-engrossed,896,19
1648.556 Notification by department of corrections of release of child
17from correctional custody. (1) At least 15 days prior to the date of release of a
18child from a secured correctional facility or a placement in the community under the
19serious juvenile offender program, the department of corrections shall:
AB150-engrossed,896,2120
(a) Notify all of the following local agencies in the community in which the child
21will reside of the child's return to the community:
AB150-engrossed,896,2222
1. The law enforcement agencies.
AB150-engrossed,896,2323
2. The school district.
AB150-engrossed,896,2424
3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB150-engrossed,897,2
1(b)
Notify any known victim of an act for which the child has been found
2delinquent of the child's release, if all of the following apply:
AB150-engrossed,897,43
1. The commission of the act by the child is an act which, if committed by an
4adult, would have been punishable as a crime against another person.
AB150-engrossed,897,55
2. The victim can be found.