SB384, s. 10 24Section 10. 938.355 (4) (a) of the statutes is amended to read:
SB384,7,11
1938.355 (4) (a) Except as provided under par. (b) or s. 938.368, all orders under
2this section made before the juvenile reaches the age of 18 and all extensions under
3s. 938.365 made before the juvenile reaches the age of 18
shall terminate at the end
4of one year unless the court specifies a shorter period of time. Except if s. 938.368
5applies, extensions or revisions shall terminate at the end of one year unless the
6court specifies a shorter period of time. No extension under s. 938.365 of an original
7dispositional order may be granted for a juvenile who is subject to an order under s.
8938.34 (4d), (4h), (4m) or (4n) if the juvenile is 17 years of age or older when the
9original dispositional order terminates. Any order made before the juvenile reaches
10the age of majority shall be effective for a time up to one year after its entry unless
11the court specifies a shorter period of time.
SB384, s. 11 12Section 11. 938.355 (4) (b) of the statutes is amended to read:
SB384,8,413 938.355 (4) (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile
14has been adjudicated delinquent is subject to par. (a), except that the judge may make
15an
Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before
16the juvenile reaches the age of 18 may
apply for up to 2 years or until the juvenile's
1718th birthdate, whichever is earlier and the judge shall make an, unless the court
18specifies a shorter period of time. Except as provided in s. 938.368, an
order under
19s. 938.34 (4h) made before the juvenile reaches the age of 18 shall apply for 5 years,
20if the juvenile is adjudicated delinquent for committing an act that would be
21punishable as a Class B felony if committed by an adult, or until the juvenile reaches
2225 years of age, if the juvenile is adjudicated delinquent for committing an act that
23would be punishable as a Class A felony if committed by an adult. Except as provided
24in s. 938.368, extensions of an order under s. 938.34 (4d), (4h), (4m), or (4n) made
25before the juvenile reaches the age of 17 shall terminate at the end of one year unless

1the court specifies a shorter period of time. No extension under s. 938.365 of an
2original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
3for a juvenile who is 17 years of age or older when the original dispositional order
4terminates.
SB384, s. 12 5Section 12. 938.356 (1) of the statutes is amended to read:
SB384,8,126 938.356 (1) Whenever the court orders a juvenile to be placed outside his or her
7home or denies a parent visitation because the juvenile has been adjudged
8delinquent or to be in need of protection or services under s. 938.183, 938.34, 938.345,
9938.357, 938.363, or 938.365, the court shall orally inform the parent or parents who
10appear in court of any grounds for termination of parental rights under s. 48.415
11which that may be applicable and of the conditions necessary for the juvenile to be
12returned to the home or for the parent to be granted visitation.
SB384, s. 13 13Section 13. 938.357 (4) (d) of the statutes is repealed.
SB384, s. 14 14Section 14. 938.538 (3) (a) 1. of the statutes is amended to read:
SB384,8,1915 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
16correctional facility, or a secured child caring institution or, if the participant is 17
17years of age or over or 15 years of age or over and transferred under s. 938.357 (4)
18(d), a Type 1 prison, as defined in s. 301.01 (5),
for a period of not more than 3 years,
19unless that period is extended under sub. (4m) (a) 1. or 2. or both
.
SB384, s. 15 20Section 15. 938.538 (3) (a) 1m. of the statutes is amended to read:
SB384,9,221 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for
22committing an act that would be a Class A felony if committed by an adult, placement
23in a Type 1 secured correctional facility, or a secured child caring institution or, if the
24participant is 17 years of age or over or 15 years of age or over and transferred under
25s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5),
until the participant

1reaches 25 years of age, unless the participant is released sooner, subject to a
2mandatory minimum period of confinement of not less than one year.
SB384, s. 16 3Section 16. 938.538 (3) (a) 2. of the statutes is amended to read:
SB384,9,64 938.538 (3) (a) 2. Intensive or other field supervision, including corrective
5sanctions supervision under s. 938.533, or aftercare supervision or, if the participant
6is 17 years of age or over, intensive sanctions supervision under s. 301.048
.
SB384, s. 17 7Section 17. 938.538 (3) (b) of the statutes is amended to read:
SB384,9,168 938.538 (3) (b) The department may provide the sanctions under par. (a) in any
9order, may provide more than one sanction at a time and , may return a participant
10to a sanction that was used previously for a the participant, and, in returning a
11participant to the sanction provided in par. (a) 1., may extend the period specified in
12par. (a) 1. as provided in sub. (4 m) (a) 1. or petition the court to extend that period
13as provided in sub. (4m) (a) 2., or both
. Notwithstanding ss. 938.357, 938.363, and
14938.533 (3), but subject to sub. (4m) (a) 2., a participant is not entitled to a hearing
15regarding the department's exercise of authority under this subsection unless the
16department provides for a hearing by rule.
SB384, s. 18 17Section 18 . 938.538 (4) (a) of the statutes, as affected by 2001 Wisconsin Act
1816
, is amended to read:
SB384,9,2519 938.538 (4) (a) A participant in the serious juvenile offender program is under
20the supervision and control of the department, is subject to the rules and discipline
21of the department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
22Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or
23her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2
24secured correctional facility the department may, without a hearing, take the
25participant into custody and return him or her to placement in a Type 1 secured

1correctional facility, or a secured child caring institution or, if the participant is 17
2years of age or over, a Type 1 prison, as defined in s. 301.01 (5)
. Any intentional
3failure of a participant to remain within the extended limits of his or her placement
4while participating in the serious juvenile offender program or to return within the
5time prescribed by the administrator of the division of intensive sanctions in the
6department
is considered an escape under s. 946.42 (3) (c). This paragraph does not
7preclude a juvenile who has violated a condition of the juvenile's participation in the
8program under sub. (3) (a) 2. to 9. from being taken into and held in custody under
9ss. 938.19 to 938.21.
SB384, s. 19 10Section 19. 938.538 (4m) of the statutes is created to read:
SB384,10,1611 938.538 (4m) Extension of Type 1 placement period. (a) 1. The department
12may extend the period for which a participant may be placed as described in sub. (3)
13(a) 1. one or more times for an additional total cumulative period of not more than
1430 days. A participant is not entitled to a hearing regarding the department's
15exercise of authority under this subdivision unless the department provides for a
16hearing by rule.
SB384,11,1517 2. The department or the district attorney of the county in which the
18dispositional order was entered may petition the court to extend the period for which
19a participant may by placed as described in sub. (3) (a) 1. for an additional period of
20not more than 2 years. The petition shall set forth in detail facts showing that the
21participant is in need of the supervision, care, and rehabilitation that a placement
22described in sub. (3) (a) 1. provides and that public safety considerations require that
23the participant be placed in that placement. The court shall hold a hearing on the
24petition, unless written waivers of objection to the extension are signed by all parties
25entitled to receive notice and the court approves. If a hearing is held, the court shall

1provide notice of the hearing, together with a copy of the petition, to the participant,
2the participant's parent, guardian, and legal custodian, all parties bound by the
3dispositional order, and the district attorney of the county in which the dispositional
4order was entered at least 3 days prior to the hearing and, at the hearing, any of those
5persons may present evidence relevant to the issue of extension and make
6alternative placement recommendations. If the court finds by a preponderance of the
7evidence that the participant is in need of the supervision, care, and rehabilitation
8that a placement described in sub. (3) (a) 1. provides and that public safety
9considerations require that the participant be placed in that placement, the court
10may extend the period for which the participant may be placed as described in sub
11(3) (a) 1. for an additional period of not more than 2 years. The department or the
12district attorney may petition the court to extend a participant's placement under
13this subdivision one or more times, and the court may grant one or more extensions,
14but the total cumulative period of all extensions granted under this subdivision may
15not exceed 2 years.
SB384,11,1716 3. An extension of a participant's placement under subd. 1. does not preclude
17an extension of that participant's placement under subd. 2., and vice versa.
SB384,12,218 (b) By the first day of the 2nd month beginning after the effective date of this
19paragraph .... [revisor inserts date], the department shall provide notice to all
20participants in the serious juvenile offender program that a placement under sub.
21(3) (a) 1. may be extended under par. (a) 1. or 2. or both. Notwithstanding par. (a) 1.
22and 2. and sub. (3) (a) 1., the department may not extend, or petition the court to
23extend, the placement under sub. (3) (a) 1. of a juvenile who is a participant in the
24serious juvenile offender program on the effective date of this paragraph .... [revisor

1inserts date], based on acts committed by that participant prior to the date on which
2the notice under this paragraph is given to that participant.
SB384, s. 20 3Section 20. 938.538 (5) (c) of the statutes is amended to read:
SB384,12,74 938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of
5placement and revisions of orders for a juvenile who is a participant in the serious
6juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a
7participant to the Racine youthful offender correctional facility named in s. 302.01
.
SB384, s. 21 8Section 21. 938.538 (6) of the statutes is amended to read:
SB384,12,179 938.538 (6) Purchase of services. The department of corrections may contract
10with the department of health and family services, a county department , or any
11public or private agency for the purchase of goods, care, and services for participants
12in the serious juvenile offender program. The department of corrections shall
13reimburse a person from whom it purchases goods, care, or services under this
14subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom
15the goods, care or services are purchased is placed in a Type 1 prison, as defined s.
16301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the
17appropriate appropriation under s. 20.410 (1)
.
SB384, s. 22 18Section 22. 938.992 (3) of the statutes is amended to read:
SB384,12,2219 938.992 (3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not
20include a person subject to an order under s. 48.366 who is confined to a state prison
21under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years
22of age or over
.
SB384, s. 23 23Section 23. 973.013 (3m) of the statutes, as affected by 2001 Wisconsin Act 16,
24is amended to read:
SB384,13,17
1973.013 (3m) If a person who has not attained the age of 16 15 years is
2sentenced to the Wisconsin state prisons, the department shall place the person at
3a secured juvenile correctional facility or a secured child caring institution, unless
4the department determines that placement in an institution under s. 302.01 is
5appropriate based on the person's prior record of adjustment in a correctional setting,
6if any; the person's present and potential vocational and educational needs, interests
7and abilities; the adequacy and suitability of available facilities; the services and
8procedures available for treatment of the person within the various institutions; the
9protection of the public; and any other considerations promulgated by the
10department by rule. The department may not place any person under the age of 18
11years in the correctional institution authorized in s. 301.16 (1n). This subsection
12does not preclude the department from designating an adult correctional institution,
13other than the correctional institution authorized in s. 301.16 (1n), as a reception
14center for the person and subsequently transferring the person to a secured juvenile
15correctional facility or a secured child caring institution. Section 302.11 and ch. 304
16apply to all persons placed in a secured juvenile correctional facility or a secured
17child caring institution under this subsection.
SB384, s. 24 18Section 24. 976.08 of the statutes is amended to read:
SB384,13,22 19976.08 Additional applicability. In this chapter, "prisoner" includes any
20person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin
21state prison and any person subject to an order under s. 938.34 (4h) who is 17 years
22of age or older
.
SB384, s. 25 23Section 25. Initial applicability.
SB384,14,524 (1) Transfer of juvenile to adult prison. The treatment of sections 301.03 (10)
25(d), 302.11 (10), 302.255, 302.386 (5) (d), 938.183 (3) (with respect to transfer of a

1juvenile to the Racine Youthful Offender Correctional Facility), 938.357 (4) (d),
2938.538 (3) (a) 1. (with respect to placement of a juvenile in a Type 1 prison), 1m., and
32., (5) (c), and (6), 938.992 (3), and 976.08 of the statutes, the amendment of section
4938.538 (4) (a) of the statutes, and the repeal and recreation of section 938.538 (4)
5(a) of the statutes first apply to violations committed on July 1, 1996.
SB384,14,96 (2) Age of juvenile placement in adult prison. The treatment of sections
7938.183 (3) (with respect to placement of a juvenile in a secured correctional facility,
8a secured child caring institution, or a state prison) and 973.013 (3m) of the statutes
9first applies to violations committed on the effective date of this subsection.
SB384, s. 26 10Section 26. Effective dates. This act takes effect on the day after publication,
11except as follows:
SB384,14,1512 (1) Termination of parental rights warning; maximum age of juvenile secured
13correctional facility placement.
The treatment of sections 48.415 (4) (a), 938.355
14(4) (a) and (b), and 938.356 (1) of the statutes takes effect on the first day of the 2nd
15month beginning after publication.
SB384,14,1616 (End)
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