AB150-engrossed,852,1310
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
11to be delinquent or in need of protection or services the court shall designate an
12agency
, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
13following:
AB150-engrossed,852,2517
48.33
(3r) Serious juvenile offender report. If a child 14 years of age or over
18has been adjudicated delinquent for committing a violation specified in s. 48.34 (4h)
19(a), the report shall be submitted in writing by the department of corrections and, in
20addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable,
21shall include an analysis of the child's suitability for placement in the serious
22juvenile offender program under s. 48.34 (4h) or in a secured correctional facility
23under s. 48.34 (4m), a placement specified in s. 48.34 (3) or placement in the child's
24home with supervision and community-based programming and a recommendation
25as to the type of placement for which the child is best suited.
AB150-engrossed,853,73
48.34
(2) Place the child under supervision of an agency, the department
of
4corrections, if the department
of corrections approves, or a suitable adult, including
5a friend of the child, under conditions prescribed by the judge including reasonable
6rules for the child's conduct, designed for the physical, mental and moral well-being
7and behavior of the child.
AB150-engrossed,853,1510
48.34
(2m) Place the child in his or her home under the supervision of an
11agency
, as defined under s. 48.38 (1) (a) or the department of health and social
12services, if that department approves, and order the agency
or department to provide
13specified services to the child and the child's family, which may include but are not
14limited to individual or group counseling, homemaker or parent aide services, respite
15care, housing assistance, day care or parent skills training.
AB150-engrossed,853,2518
48.34
(2m) Place the child in the child's home under the supervision of an
19agency, the department of health and social services, if the child is in need of
20protection or services and that department approves, or the department of
21corrections, if the child is delinquent and that department approves, and order the
22agency or department to provide specified services to the child and the child's family,
23which may include but are not limited to individual, family or group counseling,
24homemaker or parent aide services, respite care, housing assistance, day care or
25parent skills training.
AB150-engrossed,854,52
48.34
(3g) If the judge places the child in the community under sub. (2m), (2r),
3(3) or (10), the judge may order the child to be monitored Monitoring by an electronic
4monitoring system
for a child subject to an order under sub. (2m), (2r), (3), (4n) or (10)
5who is placed in the community.
AB150-engrossed, s. 2453p
6Section 2453p. 48.34 (3g) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed and recreated to read:
AB150-engrossed,854,98
48.34
(3g) Monitoring by an electronic monitoring system for a child subject
9to an order under sub. (2m), (2r), (3), (4h), (4n) or (10) who is placed in the community.
AB150-engrossed,854,1413
48.34
(4h) Place the child in the serious juvenile offender program under s.
1448.538, but only if all of the following apply:
AB150-engrossed,854,1815
(a) The child is 14 years of age or over and has been adjudicated delinquent for
16committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
17940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
18(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB150-engrossed,854,2119
(b) The judge finds that the only other disposition that would be appropriate
20for the child would be placement of the child in a secured correctional facility under
21sub. (4m).
AB150-engrossed,854,2524
48.34
(4m) (intro.) Place the child in a secured correctional facility under the
25supervision of the department
of corrections, but only if
all of the following apply:
AB150-engrossed,855,42
48.34
(4m) (a) The child has been found to be delinquent for the commission
3of an act which if committed by an adult would be punishable by a sentence of 6
4months or more
; and.
AB150-engrossed,855,117
48.34
(4n) (intro.) Subject to
s. 48.532 (3) and to any arrangement between the
8department and a county department regarding the provision of aftercare
9supervision for children, designate one of the following to provide aftercare
10supervision for the child following the child's release from a secured correctional
11facility:
AB150-engrossed, s. 2461m
12Section 2461m. 48.34 (4n) (intro.) of the statutes, as affected by 1995
13Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,855,1814
48.34
(4n) (intro.) Subject to s. 48.532 (3) and to any arrangement between
15the department of corrections and a county department regarding the provision of
16aftercare supervision for children, designate one of the following to provide aftercare
17supervision for the child following the child's release from a secured correctional
18facility:
AB150-engrossed,855,2121
48.34
(4n) (a) The department
of corrections.
AB150-engrossed,855,2523
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
24of age
, be allowed to live independently, either alone or with friends, under such
25supervision as the judge deems appropriate.
AB150-engrossed, s. 2464m
1Section 2464m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
2Acts 377, 385 and 491, is amended to read:
AB150-engrossed,856,43
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
4custody of the child to the department of corrections.
AB150-engrossed, s. 2464p
5Section 2464p. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated
7to read:
AB150-engrossed,856,98
48.345
(1) (a) Place the child in the serious juvenile offender program or in a
9secured correctional facility.
AB150-engrossed,856,1511
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
12chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
13matter in criminal court when the child reaches the age of
18 17. This paragraph
14does not affect proceedings in criminal court which have been transferred under s.
1548.18.
AB150-engrossed, s. 2465m
16Section 2465m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
17Acts 377, 385 and 491, is amended to read:
AB150-engrossed,857,418
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
19this section shall terminate at the end of one year unless the judge specifies a shorter
20period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
21at the end of one year unless the judge specifies a shorter period of time. No extension
22under s. 48.365 of an original dispositional order may be granted for a child
whose
23legal custody has been transferred to the department of corrections under s. 48.34
24(4g) or who is under the supervision of the department
of health and social services 25under s. 48.34 (4m) or (4n) or under the supervision of a county department under
1s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
2order terminates. Any order made before the child reaches the age of majority shall
3be effective for a time up to one year after its entry unless the judge specifies a shorter
4period of time.
AB150-engrossed, s. 2465n
5Section 2465n. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), section 2465m, is
7amended to read:
AB150-engrossed,857,188
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
9this section shall terminate at the end of one year unless the judge specifies a shorter
10period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
11at the end of one year unless the judge specifies a shorter period of time. No extension
12under s. 48.365 of an original dispositional order may be granted for a child whose
13legal custody has been transferred to the department of corrections under s. 48.34
14(4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n)
15or under the supervision of a county department under s. 48.34 (4n) if the child is
18 1617 years of age or older when the original dispositional order terminates. Any order
17made before the child reaches the age of majority shall be effective for a time up to
18one year after its entry unless the judge specifies a shorter period of time.
AB150-engrossed, s. 2465p
19Section 2465p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
20Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), sections 2465m and
212465n, is repealed and recreated to read:
AB150-engrossed,858,622
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
23this section shall terminate at the end of one year unless the judge specifies a shorter
24period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
25at the end of one year unless the judge specifies a shorter period of time. No extension
1under s. 48.365 of an original dispositional order may be granted for a child who is
2under the supervision of the department of corrections under s. 48.34 (4h), (4m) or
3(4n) or under the supervision of a county department under s. 48.34 (4n) if the child
4is 17 years of age or older when the original dispositional order terminates. Any
5order made before the child reaches the age of majority shall be effective for a time
6up to one year after its entry unless the judge specifies a shorter period of time.
AB150-engrossed,858,169
48.355
(4) (b)
An order under s. 48.34
(4g) or (4m) for which a child has been
10adjudicated delinquent is subject to par. (a), except that the judge may make
an order
11under s. 48.34 (4m) the order apply for up to 2 years or until the child's 19th birthdate,
12whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
135 years, if the child is adjudicated delinquent for committing an act that would be
14punishable as a Class B, C or D felony if committed by an adult, or until the child
15reaches 25 years of age, if the child is adjudicated delinquent for committing an act
16that would be punishable as a Class A felony if committed by an adult.
AB150-engrossed,858,2220
48.355
(4) (b) An order under s. 48.34 (4m) for which a child has been
21adjudicated delinquent is subject to par. (a), except that the judge may make the
22order apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.
AB150-engrossed,859,8
148.355
(4) (b) An order under s. 48.34
(4h) or (4m) for which a child has been
2adjudicated delinquent is subject to par. (a), except that the judge may make
the
3order an order under s. 48.34 apply for up to 2 years or until the child's 18th birthdate,
4whichever is earlier
, and the judge shall make an order under s. 48.34 (4h) apply for
55 years, if the child is adjudicated delinquent for committing an act that would be
6punishable as a Class B felony if committed by an adult, or until the child reaches
725 years of age, if the child is adjudicated delinquent for committing an act that
8would be punishable as a Class A felony if committed by an adult.
AB150-engrossed,859,2011
48.357
(4) (a) When the child is placed with the department
of corrections, the
12department
of corrections may, after an examination under s.
48.50 48.555, place the
13child in a secured correctional facility
or in a secured child caring institution or on
14aftercare or corrective sanctions supervision, either immediately or after a period of
15placement in a secured correctional facility. The department shall send written
16notice of the change to the parent, guardian, legal custodian, county department
17designated under s. 48.34 (4n), if any, and committing court.
A child is who placed
18in a secured child caring institution remains under the supervision of the
19department of corrections, remains subject to the rules and discipline of that
20department and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB150-engrossed,860,322
48.357
(4) (b) The child welfare agency that is operating a secured child caring
23institution in which a child has been placed under par. (a) may place the child in a
24less restrictive placement or in a secured correctional facility and may transfer the
25child between secured child caring institutions, without a hearing under sub. (1).
1The child welfare agency shall establish a rate for each type of placement in the
2manner provided in s. 46.037, except that a child welfare agency is not entitled to
3receive payment for time that a child is placed in a secured correctional facility.
AB150-engrossed,860,185
48.357
(4d) If a child who is placed in a child caring institution as a result of
6a delinquency adjudication violates a rule of the child caring institution or is
7otherwise in need of crisis intervention, the child welfare agency operating the child
8caring institution shall notify the department of corrections and may, without a
9hearing under sub. (1), place the child in a secured correctional facility or in a secure
10detention facility for not more than 30 days. The department shall send written
11notice of the change to the parent, guardian, legal custodian and committing court.
12If a child is placed in a secured correctional facility or secure detention facility under
13this subsection, the child welfare agency operating the child caring institution in
14which the child was placed shall reimburse the department of corrections at the rate
15specified in s. 301.26 (4) (d) 3m. or 4., whichever is applicable, or county operating
16the secure detention facility at the rate established by that county for the cost of the
17child's care while placed in the secured correctional facility or secure detention
18facility under this subsection.
AB150-engrossed,861,421
48.357
(4g) (a) Not later than 120 days after the date on which the child is
22placed in a secured correctional facility, or not less than 30 days before the date on
23which the department
of corrections determines that the child is eligible for release
24to aftercare supervision, whichever is earlier, the aftercare provider designated
25under s. 48.34 (4n) shall prepare an aftercare plan for the child. If the aftercare
1provider designated under s. 48.34 (4n) is a county department, that county
2department shall submit the aftercare plan to the department
of corrections within
3the time limits specified in this paragraph, unless the department
of corrections 4waives those time limits under par. (b).
AB150-engrossed,861,217
48.357
(4g) (b) The department
of corrections may waive the time period within
8which an aftercare plan must be prepared and submitted under par. (a) if
the that 9department anticipates that the child will remain in the secured correctional facility
10for a period exceeding 8 months, if the child is subject to extended jurisdiction under
11s. 48.366 or if the child is under corrective sanctions supervision under s. 48.533. If
12the department
of corrections has waived the time period within which an aftercare
13plan must be prepared and submitted and if there will be a reasonable time period
14after release from the secured correctional facility or from corrective sanctions
15supervision during which the child may remain subject to court jurisdiction,
the that 16department shall notify the county department providing aftercare supervision of
17the anticipated release date not less than 60 days before the date on which the child
18will be eligible for release. If the department
of corrections waives the time limits
19specified under par. (a), the aftercare plan shall be prepared by
the that department
20or prepared and submitted by the county department providing aftercare
21supervision on or before the date on which the child becomes eligible for release.
AB150-engrossed,861,2523
48.357
(4m) The department
of corrections shall try to release a child to
24aftercare or corrective sanctions supervision under sub. (4) within 30 days after the
25date
the that department determines the child is eligible for the release.
AB150-engrossed,862,83
48.357
(5) (a) The department
of corrections or a county department,
4whichever has been designated as a child's aftercare provider under s. 48.34 (4n),
5may revoke the aftercare status of that child. The department
of corrections may
6revoke a child's placement in the community under corrective sanctions supervision.
7Revocation of aftercare or corrective sanctions supervision shall not require prior
8notice under sub. (1).
AB150-engrossed,862,1611
48.357
(5) (g) The department
of corrections shall promulgate rules setting
12standards to be used by a hearing examiner to determine whether to revoke a child's
13aftercare or corrective sanctions status. The standards shall specify that the burden
14is on the department
of corrections or county department seeking revocation to show
15by a preponderance of the evidence that the child violated a condition of aftercare or
16corrective sanctions supervision.
AB150-engrossed,863,318
48.357
(5m) If a proposed change in placement changes a child's placement
19from a placement in the child's home to a placement outside the child's home, the
20court shall order the child's parent to provide a statement of income, assets, debts
21and living expenses to the court or the person or agency primarily responsible for
22implementing the dispositional order by a date specified by the court. The clerk of
23court shall provide, without charge, to any parent ordered to provide a statement of
24income, assets, debts and living expenses a document setting forth the percentage
25standard established by the department
of revenue under s.
46.25 73.25 (9) and
1listing the factors that a court may consider under s. 46.10 (14) (c). If the child is
2placed outside the child's home, the court shall determine the liability of the parent
3in the manner provided in s. 46.10 (14).
AB150-engrossed,863,175
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
6court otherwise designates an alternative placement for the child by a disposition
7made under s. 48.34 or 48.345 or by a change in placement under s. 48.357, the duty
8of the parent or guardian or, in the case of a transfer of guardianship and custody
9under s. 48.839 (4), the duty of the former guardian to provide support shall continue
10even though the legal custodian or the placement designee may provide the support.
11A copy of the order transferring custody or designating alternative placement for the
12child shall be submitted to the agency or person receiving custody or placement and
13the agency or person may apply to the court for an order to compel the parent or
14guardian to provide the support. Support payments for residential services, when
15purchased or otherwise funded or provided by the department
of health and social
16services, the department of corrections, or a county department under s. 46.215,
1746.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).
AB150-engrossed,864,218
(b) In determining the amount of support under par. (a), the court may consider
19all relevant financial information or other information relevant to the parent's
20earning capacity, including information reported to the department
of revenue, or
21the county child and spousal support agency, under s.
46.25 73.25 (2m). If the court
22has insufficient information with which to determine the amount of support, the
23court shall order the child's parent to furnish a statement of income, assets, debts and
24living expenses, if the parent has not already done so, to the court within 10 days
1after the court's order transferring custody or designating an alternative placement
2is entered or at such other time as ordered by the court.
AB150-engrossed,865,54
48.363
(1) A child, the child's parent, guardian or legal custodian, any person
5or agency bound by a dispositional order or the district attorney or corporation
6counsel in the county in which the dispositional order was entered may request a
7revision in the order that does not involve a change in placement, including a revision
8with respect to the amount of child support to be paid by a parent, or the court may
9on its own motion propose such a revision. The request or court proposal shall set
10forth in detail the nature of the proposed revision and what new information is
11available that affects the advisability of the court's disposition. The request or court
12proposal shall be submitted to the court. The court shall hold a hearing on the matter
13if the request or court proposal indicates that new information is available which
14affects the advisability of the court's dispositional order and prior to any revision of
15the dispositional order, unless written waivers of objections to the revision are signed
16by all parties entitled to receive notice and the court approves. If a hearing is held,
17the court shall notify the parent, child, guardian and legal custodian, all parties
18bound by the dispositional order and the district attorney or corporation counsel in
19the county in which the dispositional order was entered at least 3 days prior to the
20hearing. A copy of the request or proposal shall be attached to the notice. If the
21proposed revision is for a change in the amount of child support to be paid by a parent,
22the court shall order the child's parent to provide a statement of income, assets, debts
23and living expenses to the court and the person or agency primarily responsible for
24implementing the dispositional order by a date specified by the court. The clerk of
25court shall provide, without charge, to any parent ordered to provide a statement of
1income, assets, debts and living expenses a document setting forth the percentage
2standard established by the department
of revenue under s.
46.25 73.25 (9) and
3listing the factors that a court may consider under s. 46.10 (14) (c). If all parties
4consent, the court may proceed immediately with the hearing. No revision may
5extend the effective period of the original order.
AB150-engrossed,865,128
48.365
(7) Nothing in this section may be construed to allow any changes in
9placement or revocation of aftercare
, or corrective sanctions
or youthful offender 10supervision. Revocation and other changes in placement may take place only under
11s. 48.357
or, for a child who is a participant in the youthful offender program, s.
1248.537.
AB150-engrossed,865,1915
48.365
(7) Nothing in this section may be construed to allow any changes in
16placement or revocation of aftercare, corrective sanctions or serious juvenile offender
17supervision. Revocation and other changes in placement may take place only under
18s. 48.357 or, for a child who is a participant in the serious juvenile offender program,
19s. 48.538.
AB150-engrossed,866,222
48.366
(1) (a) (intro.)
If Subject to par. (c), if the person committed any crime
23specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
24948.04, is adjudged delinquent on that basis and is placed in a secured correctional
1facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
2as follows:
AB150-engrossed,866,84
48.366
(1) (b)
If Subject to par. (c), if the person committed a crime specified in
5s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
6delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
7shall enter an order extending its jurisdiction until the person reaches 21 years of
8age or until termination of the order under sub. (6), whichever occurs earlier.
AB150-engrossed,866,1110
48.366
(1) (c) A court may not enter an order extending its jurisdiction as
11provided in par. (a) or (b) with respect to any violation committed after June 30, 1996.
AB150-engrossed,866,1514
48.366
(5) (a) 2. The department
of corrections or county department ordered
15under s. 48.34 (4n) to provide aftercare supervision of the person.
AB150-engrossed,866,2017
48.366
(5) (b) (intro.) The department
of corrections or county department may,
18at any time, file a petition proposing either release of a person subject to an order to
19aftercare supervision or revocation of the person's aftercare supervision. The
20petition shall set forth in detail:
AB150-engrossed,867,522
48.366
(5) (d) 1. At the time the department
of corrections or county
23department files a petition under par. (a), it shall provide written notice of the
24petition to the person who is the subject of the petition. The notice to the person who
25is the subject of the petition shall state that the person has a right to request a
1hearing on the petition and, if the petition is for revocation of a person's aftercare
2supervision, that the person has the right to counsel. The department
of corrections 3or county department shall also provide written notice of the petition to the office of
4the district attorney that filed the petition on the basis of which the child was
5adjudged delinquent and the victim, if any, of the delinquent act.