AB100, s. 5252 19Section 5252. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB100,1949,321 938.22 (7) (b) Before the department of health and family services may issue
22a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
23must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15
24per juvenile, based on the number of juveniles that the shelter care facility is licensed
25to serve. A shelter care facility that wishes to continue a license issued under s. 48.66

1(1) shall pay the fee under this paragraph by the continuation date of the license.
2A new shelter care facility shall pay the fee under this paragraph by no later than
330 days before the opening of the shelter care facility.
AB100, s. 5253 4Section 5253. 938.22 (7) (c) of the statutes is amended to read:
AB100,1949,105 938.22 (7) (c) A shelter care facility that wishes to renew continue a license
6issued under s. 48.66 (1) and that fails to pay the fee under par. (b) by the renewal
7continuation date of the license or a new shelter care facility that fails to pay the fee
8under par. (b) by 30 days before the opening of the shelter care facility shall pay an
9additional fee of $5 per day for every day after the deadline that the facility fails to
10pay the fee.
AB100, s. 5254 11Section 5254. 938.223 (1) of the statutes is amended to read:
AB100,1949,1712 938.223 (1) The county board of supervisors of any county may contract with
13one or more counties in Minnesota that operate a secure detention facility for the use
14of one or more Minnesota secure detention facilities for the holding of juveniles who
15meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are
16subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s.
17938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1)
.
AB100, s. 5255 18Section 5255. 938.224 of the statutes is created to read:
AB100,1949,25 19938.224 Contracts with department for secure detention facility
20services.
(1) The county board of supervisors of any county may contract with the
21department for the use of a secured correctional facility operated by the department
22for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183
23(1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34
24(3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355
25(6d) or 938.534 (1).
AB100,1950,1
1(2) A contract under sub. (1) shall require all of the following:
AB100,1950,32 (a) That the county may use a secured correctional facility for holding a juvenile
3under sub. (1) only if any of the following criteria are met:
AB100,1950,54 1. There is no county-operated secure detention facility approved by the
5department within 75 miles of the county seat of the county.
AB100,1950,76 2. There is no bed space available in a county-operated secure detention facility
7approved by the department within 75 miles of the county seat of the county.
AB100,1950,118 (b) That the county may use a secured correctional facility for holding a juvenile
9under sub. (1) only if the department approves that use based on the availability of
10beds in the secured correctional facility and on the programming needs of the
11juvenile.
AB100,1950,13 12(3) In addition to the requirements under sub. (2), a contract under sub. (1)
13shall include all of the following:
AB100,1950,1714 (a) The per person daily rate to be paid by the county for holding a juvenile
15under sub. (1) and the charges to be paid by the county for any extraordinary medical
16and dental expenses and any programming provided for the juvenile by the
17department.
AB100,1950,2018 (b) Any other matters that are necessary and appropriate concerning the
19obligations, responsibilities and rights of the contracting county and the
20department.
AB100,1950,22 21(4) A juvenile held in custody under sub. (1) is under the supervision and
22control of the department and is subject to the rules and discipline of the department.
AB100, s. 5256 23Section 5256. 938.296 (6) of the statutes is amended to read:
AB100,1951,324 938.296 (6) The court may order the county to pay for the cost of a test or series
25of tests ordered under sub. (4). This subsection does not prevent recovery of

1reasonable contribution toward the cost of that test or series of tests from the parent
2or guardian of the juvenile as the court may order based on the ability of the parent
3or guardian to pay. This subsection is subject to s. 46.03 301.03 (18).
AB100, s. 5257 4Section 5257. 938.30 (6) of the statutes is amended to read:
AB100,1951,205 938.30 (6) If a petition is not contested, the court shall set a date for the
6dispositional hearing which allows reasonable time for the parties to prepare but is
7no more than 10 days from the plea hearing for a juvenile who is held in secure
8custody and no more than 30 days from the plea hearing for a juvenile who is not held
9in secure custody. If it appears to the court that disposition of the case may include
10placement of the juvenile outside the juvenile's home, the court shall order the
11juvenile's parent to provide a statement of income, assets, debts and living expenses
12to the court or the designated agency under s. 938.33 (1) at least 5 days before the
13scheduled date of the dispositional hearing or as otherwise ordered by the court. The
14clerk of court shall provide, without charge, to any parent ordered to provide a
15statement of income, assets, debts and living expenses a document setting forth the
16percentage standard established by the department of health and family services
17industry, labor and job development under s. 46.25 49.22 (9) and listing the factors
18that a court may consider under s. 46.10 301.12 (14) (c). If all parties consent the
19court may proceed immediately with the dispositional hearing. If a citation is not
20contested, the court may proceed immediately to enter a dispositional order.
AB100, s. 5258 21Section 5258. 938.31 (7) of the statutes is amended to read:
AB100,1952,1122 938.31 (7) At the close of the fact-finding hearing, the court shall set a date for
23the dispositional hearing which allows a reasonable time for the parties to prepare
24but is no more than 10 days after the fact-finding hearing for a juvenile in secure
25custody and no more than 30 days after the fact-finding hearing for a juvenile not

1held in secure custody. If it appears to the court that disposition of the case may
2include placement of the juvenile outside the juvenile's home, the court shall order
3the juvenile's parent to provide a statement of income, assets, debts and living
4expenses to the court or the designated agency under s. 938.33 (1) at least 5 days
5before the scheduled date of the dispositional hearing or as otherwise ordered by the
6court. The clerk of court shall provide, without charge, to any parent ordered to
7provide a statement of income, assets, debts and living expenses a document setting
8forth the percentage standard established by the department of health and family
9services
industry, labor and job development under s. 46.25 49.22 (9) and listing the
10factors that a court may consider under s. 46.10 301.12 (14) (c). If all parties consent,
11the court may immediately proceed with a dispositional hearing.
AB100, s. 5259 12Section 5259. 938.33 (3) (b) of the statutes is amended to read:
AB100,1952,1513 938.33 (3) (b) A recommendation for an amount of child support to be paid by
14either or both of the juvenile's parents or for referral to the county designee child
15support agency
under s. 59.07 (97) 59.53 (5) for the establishment of child support.
AB100, s. 5260 16Section 5260. 938.33 (4) (b) of the statutes is amended to read:
AB100,1952,1917 938.33 (4) (b) A recommendation for an amount of child support to be paid by
18either or both of the juvenile's parents or for referral to the county designee child
19support agency
under s. 59.07 (97) 59.53 (5) for the establishment of child support.
AB100, s. 5261 20Section 5261. 938.33 (4m) (intro.) of the statutes is amended to read:
AB100,1953,221 938.33 (4m) Support recommendations; information to parents. (intro.) In
22making a recommendation for an amount of child support under sub. (3) or (4), the
23agency shall consider the factors that the court considers under s. 46.10 301.12 (14)
24(c) for deviation from the percentage standard. At or before the dispositional hearing

1under s. 938.335, the agency shall provide the juvenile's parent with all of the
2following:
AB100, s. 5262 3Section 5262. 938.33 (4m) (b) of the statutes is amended to read:
AB100,1953,54 938.33 (4m) (b) A written explanation of how the parent may request that the
5court modify the amount of child support under s. 46.10 301.12 (14) (c).
AB100, s. 5263 6Section 5263. 938.34 (8d) of the statutes is created to read:
AB100,1953,97 938.34 (8d) Delinquency victim and witness assistance surcharge. (a) In
8addition to any other disposition imposed under this section, the court shall impose
9a delinquency victim and witness assistance surcharge of $20.
AB100,1953,1210 (b) The clerk of court shall collect and transmit the amount to the county
11treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
12the state treasurer under s. 59.25 (3) (f) 2.
AB100,1953,1613 (c) If a juvenile placed in a secured correctional facility or a secured child caring
14institution fails to pay the surcharge under par. (a), the department shall assess and
15collect the amount owed from the juvenile's wages or other moneys. Any amount
16collected shall be transmitted to the state treasurer.
AB100,1954,417 (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate
18the surcharge and order other alternatives under this section, in accordance with the
19conditions specified in this chapter; or the court may suspend any license issued
20under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's
21operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more
22than 5 years. If the court suspends any license under this subsection, the clerk of the
23court shall immediately take possession of the suspended license and forward it to
24the department which issued the license, together with a notice of suspension clearly
25stating that the suspension is for failure to pay a surcharge imposed by the court.

1If the surcharge is paid during the period of suspension, the suspension shall be
2reduced to the time period which has already elapsed and the court shall
3immediately notify the department which shall then return the license to the
4juvenile.
AB100, s. 5264 5Section 5264. 938.343 (7) of the statutes is amended to read:
AB100,1954,86 938.343 (7) If the violation is related to the unsafe use of firearms, order the
7juvenile to attend a course under the hunter education and firearm safety program
8under s. 29.225 that includes the firearm safety component.
AB100, s. 5265 9Section 5265. 938.345 (1) (c) of the statutes is amended to read:
AB100,1954,1010 938.345 (1) (c) Order payment of a forfeiture or surcharge.
AB100, s. 5266 11Section 5266. 938.355 (2) (b) 4. of the statutes is amended to read:
AB100,1954,1612 938.355 (2) (b) 4. If the juvenile is placed outside the juvenile's home, a
13designation of the amount of support, if any, to be paid by the juvenile's parent,
14guardian or trustee, specifying that the support obligation begins on the date of the
15placement, or a referral to the county designee child support agency under s. 59.07
16(97)
59.53 (5) for establishment of child support.
AB100, s. 5267 17Section 5267. 938.357 (4) (b) 2. of the statutes is amended to read:
AB100,1955,818 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
19caring institution under s. 938.34 (4d) violates a condition of his or her placement in
20the Type 2 child caring institution, the child welfare agency operating the Type 2
21child caring institution shall notify the county department that has supervision over
22the juvenile and, if the county department agrees to a change in placement under this
23subdivision, the child welfare agency shall notify the department and the
24department, after consulting with the child welfare agency, may place the juvenile
25in a Type 1 secured correctional facility under the supervision of the department,

1without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
2in a Type 1 secured correctional facility under this subdivision, the county
3department that has supervision over the juvenile shall reimburse the child welfare
4agency operating the Type 2 child caring institution in which the juvenile was placed
5at the rate established under s. 46.037, and that child welfare agency shall reimburse
6the department at the rate specified in s. 301.26 (4) (d) 3m. 2., 3. or 4., whichever is
7applicable, for the cost of the juvenile's care while placed in a Type 1 secured
8correctional facility.
AB100, s. 5268 9Section 5268. 938.357 (4) (d) of the statutes is created to read:
AB100,1956,210 938.357 (4) (d) The department may transfer a juvenile who is placed in a Type
111 secured correctional facility to the Racine youthful offender correctional facility
12named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile
13offender review in the department has determined that the conduct of the juvenile
14in the Type 1 secured correctional facility presents a serious problem to the juvenile
15or others. The factors that the office of juvenile offender review may consider in
16making that determination shall include, but are not limited to, whether and to what
17extent the juvenile's conduct in the Type 1 secured correctional facility is violent and
18disruptive, the security needs of the Type 1 secured correctional facility and whether
19and to what extent the juvenile is refusing to cooperate or participate in the
20treatment programs provided for the juvenile in the Type 1 secured correctional
21facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding
22the department's exercise of authority under this paragraph unless the department
23provides for a hearing by rule. A juvenile may seek review of a decision of the
24department under this paragraph only by the common law writ of certiorari. If the
25department transfers a juvenile under this paragraph, the department shall send

1written notice of the transfer to the parent, guardian, legal custodian and
2committing court.
AB100, s. 5269 3Section 5269. 938.357 (4g) (b) of the statutes is amended to read:
AB100,1956,104 938.357 (4g) (b) The department may waive the time period within which an
5aftercare plan must be prepared and submitted under par. (a) if the department
6anticipates that the juvenile will remain in the secured correctional facility or
7secured child caring institution for a period exceeding 8 months or if the juvenile is
8subject to s. 48.366 or 938.183 (2). If the department waives that time period, the
9aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan
10within 30 days after the date on which the department requests the aftercare plan.
AB100, s. 5270 11Section 5270. 938.357 (5m) of the statutes is amended to read:
AB100,1956,2312 938.357 (5m) If a proposed change in placement changes a juvenile's placement
13from a placement in the juvenile's home to a placement outside the juvenile's home,
14the court shall order the juvenile's parent to provide a statement of income, assets,
15debts and living expenses to the court or the person or agency primarily responsible
16for implementing the dispositional order by a date specified by the court. The clerk
17of court shall provide, without charge, to any parent ordered to provide a statement
18of income, assets, debts and living expenses a document setting forth the percentage
19standard established by the department of health and family services industry, labor
20and job development
under s. 46.25 49.22 (9) and listing the factors that a court may
21consider under s. 46.10 301.12 (14) (c). If the juvenile is placed outside the juvenile's
22home, the court shall determine the liability of the parent in the manner provided
23in s. 46.10 301.12 (14).
AB100, s. 5271 24Section 5271. 938.36 (1) (a) of the statutes is amended to read:
AB100,1957,15
1938.36 (1) (a) If legal custody is transferred from the parent or guardian or the
2court otherwise designates an alternative placement for the juvenile by a disposition
3made under s. 938.183 (2), 938.34 or 938.345 or by a change in placement under s.
4938.357, the duty of the parent or guardian to provide support shall continue even
5though the legal custodian or the placement designee may provide the support. A
6copy of the order transferring custody or designating alternative placement for the
7juvenile shall be submitted to the agency or person receiving custody or placement
8and the agency or person may apply to the court for an order to compel the parent
9or guardian to provide the support. Support payments for residential services, when
10purchased or otherwise funded or provided by the department of corrections, or a
11county department under s. 46.215, 46.22, or 46.23, 51.42 or 51.437, shall be
12determined under s. 46.10 301.12 (14). Support payments for residential services,
13when purchased or otherwise funded by the department of health and family
14services, or a county department under s. 51.42 or 51.437, shall be determined under
15s. 46.10 (14).
AB100, s. 5272 16Section 5272. 938.36 (1) (b) of the statutes is amended to read:
AB100,1958,217 938.36 (1) (b) In determining the amount of support under par. (a), the court
18may consider all relevant financial information or other information relevant to the
19parent's earning capacity, including information reported under s. 49.22 (2m) to the
20department of health and family services, industry, labor and job development or the
21county child and spousal support agency, under s. 46.25 (2m) 59.53 (5). If the court
22has insufficient information with which to determine the amount of support, the
23court shall order the juvenile's parent to furnish a statement of income, assets, debts
24and living 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.
AB100, s. 5273 3Section 5273. 938.36 (2) of the statutes is amended to read:
AB100,1958,104 938.36 (2) If a juvenile whose legal custody has not been taken from a parent
5or guardian is given educational and social services, or medical, psychological or
6psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
7shall be a charge upon the county. This section does not prevent recovery of
8reasonable contribution toward the costs from the parent or guardian of the juvenile
9as the court may order based on the ability of the parent or guardian to pay. This
10subsection is subject to s. 46.03 301.03 (18).
AB100, s. 5274 11Section 5274. 938.363 (1) of the statutes is amended to read:
AB100,1959,1712 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any
13person or agency bound by a dispositional order or the district attorney or
14corporation counsel in the county in which the dispositional order was entered may
15request a revision in the order that does not involve a change in placement, including
16a revision with respect to the amount of child support to be paid by a parent, or the
17court may on its own motion propose such a revision. The request or court proposal
18shall set forth in detail the nature of the proposed revision and what new information
19is available that affects the advisability of the court's disposition. The request or
20court proposal shall be submitted to the court. The court shall hold a hearing on the
21matter if the request or court proposal indicates that new information is available
22which affects the advisability of the court's dispositional order and prior to any
23revision of the dispositional order, unless written waivers of objections to the revision
24are signed by all parties entitled to receive notice and the court approves. If a hearing
25is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal

1custodian, all parties bound by the dispositional order, the juvenile's foster parent,
2treatment foster parent or other physical custodian described in s. 48.62 (2), and the
3district attorney or corporation counsel in the county in which the dispositional order
4was entered at least 3 days prior to the hearing. A copy of the request or proposal
5shall be attached to the notice. If the proposed revision is for a change in the amount
6of child support to be paid by a parent, the court shall order the juvenile's parent to
7provide a statement of income, assets, debts and living expenses to the court and the
8person or agency primarily responsible for implementing the dispositional order by
9a date specified by the court. The clerk of court shall provide, without charge, to any
10parent ordered to provide a statement of income, assets, debts and living expenses
11a document setting forth the percentage standard established by the department of
12health and family services industry, labor and job development under s. 46.25 (9)
1349.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If
14all parties consent, the court may proceed immediately with the hearing. No revision
15may extend the effective period of the original order, or revise an original order under
16s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure
17custody or inpatient treatment on a child.
AB100, s. 5275 18Section 5275. 938.365 (2g) (a) of the statutes is amended to read:
AB100,1959,2419 938.365 (2g) (a) At the hearing the person or agency primarily responsible for
20providing services to the juvenile shall file with the court a written report stating to
21what extent the dispositional order has been meeting the objectives of the plan for
22the juvenile's rehabilitation or care and treatment. The office of juvenile offender
23review program may file a written report regarding any juvenile examined by the
24program.
AB100, s. 5276 25Section 5276. 938.396 (4) of the statutes is amended to read:
AB100,1960,9
1938.396 (4) When a court revokes, suspends or restricts a juvenile's operating
2privilege under this chapter, the department of transportation shall not disclose
3information concerning or relating to the revocation, suspension or restriction to any
4person other than a court, district attorney, county corporation counsel, city, village
5or town attorney, law enforcement agency, or the minor juvenile whose operating
6privilege is revoked, suspended or restricted, or his or her parent or guardian.
7Persons entitled to receive this information may not disclose the information to other
8persons or agencies. This subsection does not apply to any information requested by
9the department of industry, labor and job development under s. 49.22 (2m).
AB100, s. 5277 10Section 5277. 938.48 (4) of the statutes is amended to read:
AB100,1960,2311 938.48 (4) Provide appropriate care and training for juveniles under its
12supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including
13serving those juveniles in their own homes, placing them in licensed foster homes or
14licensed treatment foster homes in accordance with s. 48.63 or licensed group homes,
15contracting for their care by licensed child welfare agencies or replacing them in
16juvenile correctional institutions or secured child caring institutions in accordance
17with rules promulgated under ch. 227, except that the department may not purchase
18the educational component of private day treatment programs for juveniles in its
19custody unless the department, the school board as defined in s. 115.001 (7) and the
20secretary of education state superintendent of public instruction all determine that
21an appropriate public education program is not available. Disputes between the
22department and the school district shall be resolved by the secretary of education
23state superintendent of public instruction.
AB100, s. 5278 24Section 5278. 938.48 (14) of the statutes is amended to read:
AB100,1961,7
1938.48 (14) Pay maintenance, tuition and related expenses from the
2appropriation under s. 20.410 (3) (am) and (ho) for persons who when they reached
317 years of age were students regularly attending a school, college or university or
4regularly attending a course of vocational or technical training designed to fit them
5for gainful employment, and who when reaching that age were under the supervision
6of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result
7of a judicial decision.
AB100, s. 5279 8Section 5279. 938.53 of the statutes is amended to read:
AB100,1961,15 9938.53 Duration of control of department over delinquents. Except as
10provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
11been placed under the supervision of the department under s. 938.183, 938.34 (4h),
12(4m), (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department
13determines that there is a reasonable probability that it is no longer necessary either
14for the rehabilitation and treatment of the juvenile or for the protection of the public
15that the department retain supervision.
AB100, s. 5280 16Section 5280. 938.533 (2) of the statutes is amended to read:
AB100,1962,1917 938.533 (2) Corrective sanctions program. From the appropriation under s.
1820.410 (3) (hr), the department shall provide a corrective sanctions program to serve
19an average daily population of 105 119 juveniles in fiscal year 1997-98 and 161
20juveniles in fiscal year 1998-99, or an average daily population of more than 105 119
21juveniles in fiscal year 1997-98 and 161
juveniles in fiscal year 1998-99 if the
22appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
23the positions for the program are increased under s. 13.101 or 16.505 (2) or if funding
24and positions to serve more than those average daily populations are otherwise
25available
, in not less than 3 counties, including Milwaukee County. The office of

1juvenile offender review program in the department shall evaluate and select for
2participation in the program juveniles who have been placed under the supervision
3of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The
4department shall place a program participant in the community, provide intensive
5surveillance of that participant and provide an average of $5,000 per year per slot
6to purchase community-based treatment services for each participant. The
7department shall make the intensive surveillance required under this subsection
8available 24 hours a day, 7 days a week, and may purchase or provide electronic
9monitoring for the intensive surveillance of program participants. The department
10shall provide a report center in Milwaukee County to provide on-site programming
11after school and in the evening for juveniles from Milwaukee County who are placed
12in the corrective sanctions program. A contact worker providing services under the
13program shall have a case load of approximately 10 juveniles and, during the initial
14phase of placement in the community under the program of
for a juvenile who is
15assigned to that contact worker, shall have not less than one face-to-face contact per
16day with that juvenile. Case management services under the program shall be
17provided by a corrective sanctions agent who shall have a case load of approximately
1815 juveniles
during the initial phase of placement in the community under the
19program
. The department shall promulgate rules to implement the program.
AB100, s. 5281 20Section 5281. 938.538 (3) (a) 1. of the statutes is amended to read:
AB100,1962,2421 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
22correctional facility, a secured child caring institution or, if the participant is 17 years
23of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a
24Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB100, s. 5282 25Section 5282. 938.538 (3) (a) 1m. of the statutes is amended to read:
AB100,1963,7
1938.538 (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 Type 1 secured correctional facility, a secured child caring institution or, if the
4participant is 17 years of age or over or 15 years of age or over and transferred under
5s. 938.357 (4) (d)
, a Type 1 prison, as defined in s. 301.01 (5), until the participant
6reaches 25 years of age, unless the participant is released sooner, subject to a
7mandatory minimum period of confinement of not less than one year.
AB100, s. 5283 8Section 5283. 938.538 (5) (a) of the statutes is amended to read:
AB100,1963,139 938.538 (5) (a) The office of juvenile offender review program in the division
10of juvenile corrections in the department may release a participant to aftercare
11supervision under s. 301.03 (10) (d) at any time after the participant has completed
122 years of participation in the serious juvenile offender program. Aftercare
13supervision of the participant shall be provided by the department.
AB100, s. 5284 14Section 5284. 938.538 (5) (c) of the statutes is amended to read:
AB100,1963,1815 938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of
16placement and revisions of orders for a juvenile who is a participant in the serious
17juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a
18participant to the Racine youthful offender correctional facility named in s. 302.01
.
AB100, s. 5285 19Section 5285. 938.57 (1) (c) of the statutes is amended to read:
AB100,1964,720 938.57 (1) (c) Provide appropriate protection and services for juveniles in its
21care, including providing services for juveniles and their families in their own homes,
22placing the juveniles in licensed foster homes, licensed treatment foster homes or
23licensed group homes in this state or another state within a reasonable proximity to
24the agency with legal custody or contracting for services for them by licensed child
25welfare agencies or replacing them in juvenile correctional institutions or secured

1child caring institutions in accordance with rules promulgated under ch. 227, except
2that the county department may not purchase the educational component of private
3day treatment programs unless the county department, the school board as defined
4in s. 115.001 (7) and the secretary of education state superintendent of public
5instruction
all determine that an appropriate public education program is not
6available. Disputes between the county department and the school district shall be
7resolved by the secretary of education state superintendent of public instruction.
AB100, s. 5286 8Section 5286. 938.57 (4) of the statutes is amended to read:
AB100,1964,199 938.57 (4) A county department may provide aftercare supervision under s.
1048.34 938.34 (4n) for juveniles who are released from secured correctional facilities
11or secured child caring institutions operated by the department. If a county
12department intends to change its policy regarding whether the county department
13or the department shall provide aftercare supervision for juveniles released from
14secured correctional facilities or secured child caring institutions operated by the
15department, the county executive or county administrator, or, if the county has no
16county executive or county administrator, the chairperson of the county board of
17supervisors, or, for multicounty departments, the chairpersons of the county boards
18of supervisors jointly, shall submit a letter to the department stating that intent
19before July 1 of the year preceding the year in which the policy change will take effect.
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