SB45: Bill Text

SB45, s. 3139 Section 3139. 938.22 (7) (a) of the statutes is amended to read:

SB45,1332,18 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

SB45, s. 3140 Section 3140. 938.22 (7) (b) of the statutes is amended to read:

SB45,1333,2 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee under this paragraph by the continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

SB45, s. 3141 Section 3141. 938.22 (7) (c) of the statutes is amended to read:

SB45,1333,8 938.22 (7) (c) A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) and that fails to pay the fee under par. (b) by the continuation date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

SB45, s. 3142 Section 3142. 938.23 (1) (a) of the statutes is amended to read:

SB45,1333,17 938.23 (1) (a) Any juvenile alleged to be delinquent under s. 938.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a secured correctional facility, a secured child caring institution or a secured group home, transfer supervision of the juvenile to the department for participation in the serious juvenile offender program or transfer jurisdiction over the juvenile to adult court.

SB45, s. 3143 Section 3143. 938.24 (5) of the statutes is amended to read:

SB45,1334,16 938.24 (5) The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection. Failure to object if a petition is not referred or filed within a time limit specified in this subsection waives that time limit.

SB45, s. 3144 Section 3144. 938.245 (2) (a) 9. of the statutes is repealed.

SB45, s. 3145 Section 3145. 938.245 (2) (b) of the statutes is amended to read:

SB45,1334,21 938.245 (2) (b) A deferred prosecution agreement, other than an agreement under par. (a) 9., may not include any form of out-of-home placement and may not exceed one year.

SB45, s. 3146 Section 3146. 938.245 (3) of the statutes is amended to read:

SB45,1335,5 938.245 (3) The obligations imposed under a deferred prosecution agreement and its effective date shall be set forth in writing. If the deferred prosecution agreement places the juvenile in a youth village program under sub. (2) (a) 9., the judge or juvenile court commissioner shall receive written notice that a deferred prosecution agreement has been entered into and, on receipt of that notice, shall enter an order requiring compliance with that agreement. The juvenile and a parent, guardian and legal custodian shall receive a copy of the agreement and order, as shall any agency providing services under the agreement.

SB45, s. 3147 Section 3147. 938.245 (4) of the statutes is amended to read:

SB45,1335,15 938.245 (4) The intake worker shall inform the juvenile and the juvenile's parent, guardian and legal custodian in writing of their right to terminate or, if the juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9., to request the court to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If an objection arises the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the deferred prosecution agreement is terminated the intake worker may request the district attorney or corporation counsel to file a petition.

SB45, s. 3148 Section 3148. 938.245 (5) of the statutes is amended to read:

SB45,1335,20 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

SB45, s. 3149 Section 3149. 938.32 (1) (a) of the statutes is amended to read:

SB45,1336,8 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

SB45, s. 3150 Section 3150. 938.32 (2) (c) of the statutes is amended to read:

SB45,1336,20 938.32 (2) (c) Upon the motion of the court or the application of the juvenile, parent, guardian, legal custodian, intake worker or any agency supervising the juvenile under the consent decree, the court may, after giving notice to the parties to the consent decree and their counsel, if any, extend the decree for up to an additional 6 months or, if the consent decree places the juvenile in a youth village program as described in s. 118.42, for up to an additional one year in the absence of objection to extension by the parties to the initial consent decree. If the parent, guardian or legal custodian objects to the extension, the court shall schedule a hearing and make a determination on the issue of extension. A consent decree placing a juvenile in a youth village program as described in s. 118.42 may be extended no more than twice.

SB45, s. 3151 Section 3151. 938.33 (3) (intro.) of the statutes is amended to read:

SB45,1337,4 938.33 (3) Correctional placement reports. (intro.) A report recommending placement of a juvenile in a secured correctional facility under the supervision of the department or, a secured child caring institution or a secured group home shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following:

SB45, s. 3152 Section 3152. 938.33 (3) (a) of the statutes is amended to read:

SB45,1337,11 938.33 (3) (a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, the report shall indicate that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate.

SB45, s. 3153 Section 3153. 938.33 (3r) of the statutes is amended to read:

SB45,1337,22 938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a secured correctional facility or a secured group home under s. 938.34 (4m), a placement specified in s. 938.34 (3) or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.

SB45, s. 3154 Section 3154. 938.34 (3) (dm) of the statutes is repealed.

SB45, s. 3155 Section 3155. 938.34 (4m) (intro.) of the statutes is amended to read:

SB45,1338,7 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a secured correctional facility, a secured child caring institution or a secured group home under the supervision of the department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution or a secured group home under the supervision of the department, unless the department, after an examination under s. 938.50, determines that placement in a secured correctional facility is more appropriate, but only if all of the following apply:

SB45, s. 3156 Section 3156. 938.34 (4n) (intro.) of the statutes is amended to read:

SB45,1338,15 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility or, a secured child caring institution or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility or, secured child caring institution or secured group home:

SB45, s. 3157 Section 3157. 938.34 (4n) (b) of the statutes is amended to read:

SB45,1338,19 938.34 (4n) (b) The county department of the county of the court that placed the juvenile in the secured correctional facility or, secured child caring institution or secured group home.

SB45, s. 3158 Section 3158. 938.34 (5m) of the statutes is amended to read:

SB45,1338,24 938.34 (5m) Community service work program. Order the juvenile to participate in a youth corps program, as defined in s. 16.22 46.78 (1) (dm) or another community service work program, if the sponsor of the program approves the juvenile's participation in the program.

SB45, s. 3159 Section 3159. 938.34 (8) of the statutes is amended to read:

SB45,1339,22 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, subject to the fee under s. 85.135, if applicable, may suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB45, s. 3160 Section 3160. 938.34 (8d) (c) of the statutes is amended to read:

SB45,1340,3 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or, a secured child caring institution or a secured group home fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

SB45, s. 3161 Section 3161. 938.343 (2) of the statutes is amended to read:

SB45,1340,19 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or, subject to the fee under s. 85.135, if applicable, may suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB45, s. 3162 Section 3162. 938.345 (1) (a) of the statutes is amended to read:

SB45,1340,23 938.345 (1) (a) Place the juvenile in the serious juvenile offender program, a secured correctional facility or, a secured child caring institution or a secured group home.

SB45, s. 3163 Section 3163. 938.355 (1) of the statutes is amended to read:

SB45,1341,14 938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in s. 938.01. If the disposition places a juvenile who has been adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall include a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. If the judge has determined that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate. If information under s. 938.331 has been provided in a court report under s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

SB45, s. 3164 Section 3164. 938.357 (3) of the statutes is amended to read:

SB45,1341,25 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility or in, a secured child caring institution or a secured group home, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4h) or (4m) have been met.

SB45, s. 3165 Section 3165. 938.357 (4) (a) of the statutes is amended to read:

SB45,1342,16 938.357 (4) (a) When the juvenile is placed with the department under s. 938.183 or 938.34 (4m), the department may, after an examination under s. 938.50, place the juvenile in a secured correctional facility or , a secured child caring institution, a secured group home or on aftercare supervision, either immediately or after a period of placement in a secured correctional facility or, a secured child caring institution or a secured group home. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 secured correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under s. 46.037 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 secured correctional facility or, a secured child caring institution or a secured group home remains under the supervision of the department, remains subject to the rules and discipline of that the department and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB45, s. 3166 Section 3166. 938.357 (4g) (a) of the statutes is amended to read:

SB45,1343,2 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a secured correctional facility or, a secured child caring institution or a secured group home, or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare provider designated under s. 938.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

SB45, s. 3167 Section 3167. 938.357 (4g) (b) of the statutes is amended to read:

SB45,1343,11 938.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or, secured child caring institution or secured group home for a period exceeding 8 months or if the juvenile is subject to s. 48.366 or 938.183. If the department waives that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.

SB45, s. 3168 Section 3168. 938.357 (4g) (d) of the statutes is amended to read:

SB45,1343,15 938.357 (4g) (d) A juvenile may be released from a secured correctional facility or, a secured child caring institution or a secured group home whether or not an aftercare plan has been prepared under this subsection.

SB45, s. 3169 Section 3169. 938.357 (5) (e) of the statutes is amended to read:

SB45,1343,21 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or, a secured child caring institution or a secured group home is necessary to protect the public, to provide for the juvenile's rehabilitation or to not depreciate the seriousness of the violation.

SB45, s. 3170 Section 3170. 938.357 (5) (f) of the statutes is amended to read:

SB45,1343,25 938.357 (5) (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or, a secured child caring institution or a secured group home.

SB45, s. 3171 Section 3171. 938.38 (3) (a) of the statutes is amended to read:

SB45,1344,10 938.38 (3) (a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility or, a secured child caring institution or a secured group home, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility or, a secured child caring institution or a secured group home, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

SB45, s. 3172 Section 3172. 938.48 (4) of the statutes is amended to read:

SB45,1344,24 938.48 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile secured correctional institutions or facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

SB45, s. 3173 Section 3173. 938.51 (1) (intro.) of the statutes is amended to read:

SB45,1345,7 938.51 (1) (intro.) At least 15 days prior to the date of release from a secured correctional facility or, a secured child caring institution or a secured group home of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

SB45, s. 3174 Section 3174. 938.51 (1m) of the statutes is amended to read:

SB45,1345,17 938.51 (1m) The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility or, from , a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

SB45, s. 3175 Section 3175. 938.51 (4) (intro.) of the statutes is amended to read:

SB45,1346,4 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution, home or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified period of time and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:

SB45, s. 3176 Section 3176. 938.533 (2) of the statutes is amended to read:

SB45,1347,7 938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99, or an average daily population of more than 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99 if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions to serve more than those that average daily populations population are otherwise available, in not less than 3 counties, including Milwaukee County. The office of juvenile offender review in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 $3,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

SB45, s. 3177 Section 3177. 938.533 (3) (a) of the statutes is amended to read:

SB45,1347,16 938.533 (3) (a) A participant in the corrective sanctions program remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition of that juvenile's participation in the corrective sanctions program the department may, without a hearing, take the juvenile into custody and place the juvenile in a secured detention facility or return the juvenile to placement in a Type 1 secured correctional facility or, a secured child caring institution or a secured group home.

SB45, s. 3178 Section 3178. 938.535 of the statutes is amended to read:

SB45,1347,25 938.535 Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a secured correctional facility or, a secured child caring institution or a secured group home under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a secured correctional facility or, a secured child caring institution or a secured group home as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

SB45, s. 3179 Section 3179. 938.538 (3) (a) 1. of the statutes is amended to read:

SB45,1348,6 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, a secured child caring institution, a secured group home or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

SB45, s. 3180 Section 3180. 938.538 (3) (a) 1m. of the statutes is amended to read:

SB45,1348,15 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution, a secured group home or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

SB45, s. 3181 Section 3181. 938.538 (3) (a) 1p. of the statutes is amended to read:

SB45,1348,19 938.538 (3) (a) 1p. Alternate care, including placement in a foster home, treatment foster home, group home, secured group home, child caring institution or secured child caring institution.

SB45, s. 3182 Section 3182. 938.538 (4) (a) of the statutes is amended to read:

SB45,1349,8 938.538 (4) (a) A participant in the serious juvenile offender program is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility, a secured child caring institution, a secured group home or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c).

SB45, s. 3183 Section 3183. 938.57 (1) (c) of the statutes is amended to read:

SB45,1349,22 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile secured correctional institutions or facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

SB45, s. 3184 Section 3184. 938.57 (4) of the statutes is amended to read: