AB729: Bill Text

AB729, s. 12 Section 12. 938.356 (1) of the statutes is amended to read:

AB729,8,12 938.356 (1) Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged delinquent or to be in need of protection or services under s. 938.183, 938.34, 938.345, 938.357, 938.363, or 938.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which that may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.

AB729, s. 13 Section 13. 938.357 (4) (d) of the statutes is repealed.

AB729, s. 14 Section 14. 938.538 (3) (a) 1. of the statutes is amended to read:

AB729,8,19 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, or a secured child caring institution 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, unless that period is extended under sub. (4m) (a) 1. or 2. or both.

AB729, s. 15 Section 15. 938.538 (3) (a) 1m. of the statutes is amended to read:

AB729,9,2 938.538 (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, or a secured child caring institution 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.

AB729, s. 16 Section 16. 938.538 (3) (a) 2. of the statutes is amended to read:

AB729,9,6 938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions supervision under s. 938.533, or aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under s. 301.048.

AB729, s. 17 Section 17. 938.538 (3) (b) of the statutes is amended to read:

AB729,9,16 938.538 (3) (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and , may return a participant to a sanction that was used previously for a the participant, and, in returning a participant to the sanction provided in par. (a) 1., may extend the period specified in par. (a) 1. as provided in sub. (4 m) (a) 1. or petition the court to extend that period as provided in sub. (4m) (a) 2., or both. Notwithstanding ss. 938.357, 938.363, and 938.533 (3), but subject to sub. (4m) (a) 2., a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB729, s. 18 Section 18 . 938.538 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB729,9,25 938.538 (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, or a secured child caring institution 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). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

AB729, s. 19 Section 19. 938.538 (4m) of the statutes is created to read:

AB729,10,16 938.538 (4m) Extension of Type 1 placement period. (a) 1. The department may extend the period for which a participant may be placed as described in sub. (3) (a) 1. one or more times for an additional total cumulative period of not more than 30 days. A participant is not entitled to a hearing regarding the department's exercise of authority under this subdivision unless the department provides for a hearing by rule.

AB729,11,15 2. The department or the district attorney of the county in which the dispositional order was entered may petition the court to extend the period for which a participant may by placed as described in sub. (3) (a) 1. for an additional period of not more than 2 years. The petition shall set forth in detail facts showing that the participant is in need of the supervision, care, and rehabilitation that a placement described in sub. (3) (a) 1. provides and that public safety considerations require that the participant be placed in that placement. The court shall hold a hearing on the petition, unless written waivers of objection to the extension are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall provide notice of the hearing, together with a copy of the petition, to the participant, the participant's parent, guardian, and legal custodian, all parties bound by the dispositional order, and the district attorney of the county in which the dispositional order was entered at least 3 days prior to the hearing and, at the hearing, any of those persons may present evidence relevant to the issue of extension and make alternative placement recommendations. If the court finds by a preponderance of the evidence that the participant is in need of the supervision, care, and rehabilitation that a placement described in sub. (3) (a) 1. provides and that public safety considerations require that the participant be placed in that placement, the court may extend the period for which the participant may be placed as described in sub (3) (a) 1. for an additional period of not more than 2 years. The department or the district attorney may petition the court to extend a participant's placement under this subdivision one or more times, and the court may grant one or more extensions, but the total cumulative period of all extensions granted under this subdivision may not exceed 2 years.

AB729,11,17 3. An extension of a participant's placement under subd. 1. does not preclude an extension of that participant's placement under subd. 2., and vice versa.

AB729,12,2 (b) By the first day of the 2nd month beginning after the effective date of this paragraph .... [revisor inserts date], the department shall provide notice to all participants in the serious juvenile offender program that a placement under sub. (3) (a) 1. may be extended under par. (a) 1. or 2. or both. Notwithstanding par. (a) 1. and 2. and sub. (3) (a) 1., the department may not extend, or petition the court to extend, the placement under sub. (3) (a) 1. of a juvenile who is a participant in the serious juvenile offender program on the effective date of this paragraph .... [revisor inserts date], based on acts committed by that participant prior to the date on which the notice under this paragraph is given to that participant.

AB729, s. 20 Section 20. 938.538 (5) (c) of the statutes is amended to read:

AB729,12,7 938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in s. 302.01.

AB729, s. 21 Section 21. 938.538 (6) of the statutes is amended to read:

AB729,12,17 938.538 (6) Purchase of services. The department of corrections may contract with the department of health and family services, a county department , or any public or private agency for the purchase of goods, care, and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined s. 301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the appropriate appropriation under s. 20.410 (1).

AB729, s. 22 Section 22. 938.992 (3) of the statutes is amended to read:

AB729,12,22 938.992 (3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

AB729, s. 23 Section 23. 973.013 (3m) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB729,13,17 973.013 (3m) If a person who has not attained the age of 16 15 years is sentenced to the Wisconsin state prisons, the department shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.

AB729, s. 24 Section 24. 976.08 of the statutes is amended to read:

AB729,13,22 976.08 Additional applicability. In this chapter, "prisoner" includes any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age or older.

AB729, s. 25 Section 25. Initial applicability.

AB729,14,5 (1) Transfer of juvenile to adult prison. The treatment of sections 301.03 (10) (d), 302.11 (10), 302.255, 302.386 (5) (d), 938.183 (3) (with respect to transfer of a juvenile to the Racine Youthful Offender Correctional Facility), 938.357 (4) (d), 938.538 (3) (a) 1. (with respect to placement of a juvenile in a Type 1 prison), 1m., and 2., (5) (c), and (6), 938.992 (3), and 976.08 of the statutes, the amendment of section 938.538 (4) (a) of the statutes, and the repeal and recreation of section 938.538 (4) (a) of the statutes first apply to violations committed on July 1, 1996.

AB729,14,9 (2) Age of juvenile placement in adult prison. The treatment of sections 938.183 (3) (with respect to placement of a juvenile in a secured correctional facility, a secured child caring institution, or a state prison) and 973.013 (3m) of the statutes first applies to violations committed on the effective date of this subsection.

AB729, s. 26 Section 26. Effective dates. This act takes effect on the day after publication, except as follows:

AB729,14,15 (1) Termination of parental rights warning; maximum age of juvenile secured correctional facility placement. The treatment of sections 48.415 (4) (a), 938.355 (4) (a) and (b), and 938.356 (1) of the statutes takes effect on the first day of the 2nd month beginning after publication.

AB729,14,16 (End)