SB45: Bill Text

SB45, s. 3118 Section 3118. 938.02 (15m) of the statutes is amended to read:

SB45,1326,8 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).

SB45, s. 3119 Section 3119. 938.02 (15p) of the statutes is created to read:

SB45,1326,13 938.02 (15p) "Secured group home" means a group home operated by a county department that is licensed under s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4h) or (4m).

SB45, s. 3120 Section 3120. 938.02 (17) of the statutes is amended to read:

SB45,1326,17 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1) (a).

SB45, s. 3121 Section 3121. 938.06 (1) (a) 2. of the statutes is amended to read:

SB45,1326,25 938.06 (1) (a) 2. The Subject to subd. 2m., the chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

SB45, s. 3122 Section 3122. 938.06 (1) (a) 2m. of the statutes is created to read:

SB45,1327,14 938.06 (1) (a) 2m. In formulating judicial policy under subd. 2. governing intake and court services, the chief judge may not direct the department of health and family services to provide those services in any case in which the referral information indicates that a juvenile should be referred to the court as delinquent, in need of protection or services under this chapter or in violation of a civil law or ordinance, unless that information indicates that the juvenile should also be referred to the court as in need of protection or services under ch. 48. The chief judge shall direct the department of health and family services and the county department to coordinate the provision of services in cases in which the intake worker determines under s. 48.24 (1) that prima facie jurisdiction exists under this chapter instead of or in addition to ch. 48 and in cases in which the intake worker determines under s. 938.24 (1) that prima facie jurisdiction exists under ch. 48 instead of or in addition to this chapter.

SB45, s. 3123 Section 3123. 938.069 (1) (dj) of the statutes is amended to read:

SB45,1327,18 938.069 (1) (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or, a secured child caring institution or a secured group home.

SB45, s. 3124 Section 3124. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB45,1328,2 938.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department personnel designated by the department and, personnel of an agency contracted with under s. 301.08 (1) (b) 3. designated by agreement between the agency and the department and personnel of a county contracted with under s. 301.08 (1) (b) 4. designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB45, s. 3125 Section 3125. 938.08 (3) (a) 1. of the statutes is amended to read:

SB45,1328,6 938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or, a child caring institution or a secured group home.

SB45, s. 3126 Section 3126. 938.08 (3) (a) 2. of the statutes is amended to read:

SB45,1328,10 938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional facility or, a child caring institution or a secured group home after any authorized absence.

SB45, s. 3127 Section 3127. 938.08 (3) (b) of the statutes is amended to read:

SB45,1328,15 938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured correctional facility or , child caring institution or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

SB45, s. 3128 Section 3128. 938.17 (1) (c) of the statutes is amended to read:

SB45,1328,22 938.17 (1) (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in s. 938.34, including placement of the juvenile in a secured correctional facility or a secured group home under s. 938.34 (4m), if appropriate.

SB45, s. 3129 Section 3129. 938.17 (2) (d) of the statutes is amended to read:

SB45,1329,13 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but 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 a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that 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 shall thereupon return the license to the person.

SB45, s. 3130 Section 3130. 938.183 (1) (a) of the statutes is amended to read:

SB45,1329,19 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility or, a secured child caring institution or a secured group home or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.20 (2m).

SB45, s. 3131 Section 3131. 938.208 (2) of the statutes is amended to read:

SB45,1329,24 938.208 (2) Probable cause exists to believe that the juvenile is a fugitive from another state or has run away from a secured correctional facility , a secured child caring institution or a secured group home and there has been no reasonable opportunity to return the juvenile.

SB45, s. 3132 Section 3132. 938.22 (title) of the statutes is amended to read:

SB45,1330,2 938.22 (title) Establishment of secure detention facilities and shelter care county or private juvenile facilities.

SB45, s. 3133 Section 3133. 938.22 (1) (a) of the statutes is amended to read:

SB45,1330,15 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any county may establish a secured group home or a secure detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility in accordance with ss. 46.20, 301.36 and 301.37. The county board of supervisors of any county may establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16 and 46.17 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.17 and 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

SB45, s. 3134 Section 3134. 938.22 (1) (b) of the statutes is amended to read:

SB45,1330,23 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of a public secured group home, secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secured group home, secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

SB45, s. 3135 Section 3135. 938.22 (1) (c) of the statutes is amended to read:

SB45,1331,5 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of a public secured group home, secure detention facility and the detention section of the children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

SB45, s. 3136 Section 3136. 938.22 (2) (a) of the statutes is amended to read:

SB45,1331,18 938.22 (2) (a) Counties shall submit plans for the secured group home, secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secured group homes, secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these placed in those facilities.

SB45, s. 3137 Section 3137. 938.22 (3) (a) of the statutes is amended to read:

SB45,1332,3 938.22 (3) (a) In counties having a population of less than 500,000, public secured group homes, secure detention facilities and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secured group homes, secure detention facilities or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention or shelter care placed in those facilities, subject to par. (am) and to civil service regulations in counties having civil service.

SB45, s. 3138 Section 3138. 938.22 (3) (b) of the statutes is amended to read:

SB45,1332,10 938.22 (3) (b) In counties having a population of 500,000 or more, the director of the children's court center shall be in charge of and responsible for public secured group homes, secure detention facilities, the secure detention section of the center and the personnel assigned to this section, including a detention supervisor or superintendent. The director of the children's court center may also serve as superintendent of detention if the county board of supervisors so determines.

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: