AB443,268,16
6(2) Right to hearing on orders. No order under sub. (1) (a), (1m) (a)
, or (1r)
7(a) or (b) may be entered until the person who is the subject of the contemplated order
8is given an opportunity to be heard on the
contemplated order. The court shall cause
9notice of the time, place
, and purpose of the hearing to be served on the person
10personally at least 10 days before the date of hearing. The procedure in these cases
11shall, as far as practicable, be the same as in other cases in the court. At the hearing
12the person may be represented by counsel and may produce and cross-examine
13witnesses.
Any A person who fails to comply with
any an order issued by a court
14under sub. (1) (a), (1m) (a)
, or (1r) (a) or (b) may be proceeded against for contempt
15of court. If the person's conduct involves a crime, the person may be proceeded
16against under the criminal law.
AB443,268,22
17(3) Prosecution of adult contributing to delinquency of juvenile. If it
18appears at a court hearing that any person 17 years of age or older has violated s.
19948.40, the court shall refer the record to the district attorney
for criminal
20proceedings as may be warranted in the district attorney's judgment. This
21subsection does not
prevent prohibit prosecution of violations of s. 948.40 without the
22prior reference by the court to the district attorney
, as in other criminal cases.
AB443, s. 581
23Section
581. 938.48 (1) of the statutes is amended to read:
AB443,269,524
938.48
(1) Enforcement of laws. Promote the enforcement of the laws relating
25to delinquent juveniles and juveniles in need of protection or services and take the
1initiative in all matters involving the interests of
such those juveniles
where when 2adequate provision
therefor for those matters is not made. This duty shall be
3discharged in cooperation with the courts, county departments
and, licensed child
4welfare agencies
and with, parents
, and other individuals interested in the welfare
5of juveniles.
AB443, s. 582
6Section
582. 938.48 (2) of the statutes is amended to read:
AB443,269,117
938.48
(2) Juvenile welfare services. Assist in extending and strengthening
8juvenile welfare services with appropriate federal agencies and in conformity with
9the federal
social security act Social Security Act and in cooperation with parents,
10other individuals
, and other agencies so that all juveniles needing such services are
11reached.
AB443, s. 583
12Section
583. 938.48 (3) and (4) of the statutes are amended to read:
AB443,269,1813
938.48
(3) Supervision and special treatment or care. Accept supervision over
14juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n)
, 15or 938.357 (4), and provide special treatment or care
to juveniles when directed by
16the court. Except as provided in s. 938.505 (2), a court may not direct the department
17to administer psychotropic medications to juveniles who receive special treatment
18or care under this subsection.
AB443,270,7
19(4) Care, training, and placement. Provide appropriate care and training for
20juveniles under its supervision under s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357
21(4)
;, including serving those juveniles in their own homes, placing them in licensed
22foster homes or licensed treatment foster homes
in accordance with s. 48.63 or
23licensed group homes
under s. 48.63, contracting for their care by licensed child
24welfare agencies or replacing them in juvenile correctional
institutions facilities or
25secured
child caring institutions residential care centers for children and youth in
1accordance with rules promulgated under ch. 227, except that the department may
2not purchase the educational component of private day treatment programs for
3juveniles a juvenile in its custody unless the department, the school board
, as defined
4in s. 115.001 (7)
, and the state superintendent of public instruction all determine that
5an appropriate public education program is not available
for the juvenile. Disputes
6between the department and the school district shall be resolved by the state
7superintendent of public instruction.
AB443, s. 584
8Section
584. 938.48 (4m) (title) of the statutes is created to read:
AB443,270,99
938.48
(4m) (title)
Continuing care and services for juveniles over 17.
AB443, s. 585
10Section
585. 938.48 (4m) (d), (5) and (6) of the statutes are amended to read:
AB443,270,1311
938.48
(4m) (d) Is determined by the department to be in need of care and
12services designed to fit
such the person for gainful employment and has requested
13and consented to receive
such aid the care and services.
AB443,270,17
14(5) Moral and religious training. Provide for the moral and religious training
15of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or
16938.357 (4) according to the religious
belief beliefs of the juvenile or of the juvenile's
17parents.
AB443,270,23
18(6) Emergency surgery. Consent to emergency surgery under the direction of
19a licensed physician or surgeon for any juvenile under its supervision under s.
20938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) upon notification by a licensed
21physician or surgeon of the need for
such the surgery and if reasonable effort,
22compatible with the nature and time limitation of the emergency, has been made to
23secure the consent of the juvenile's parent or guardian.
AB443, s. 586
24Section
586. 938.48 (13) (title) of the statutes is created to read:
AB443,270,2525
938.48
(13) (title)
Allowances and cash grants.
AB443, s. 587
1Section
587. 938.48 (14) and (16) of the statutes are amended to read:
AB443,271,92
938.48
(14) School-related expenses for juveniles over 17. Pay
3maintenance, tuition
, and related expenses from the appropriation under s. 20.410
4(3) (ho) for persons who
, when they
reached attained 17 years of age
, were students
5regularly attending a school, college
, or university or regularly attending a course of
6vocational or technical training designed to
fit
prepare them for gainful employment,
7and who
when reaching upon attaining that age were under the supervision of the
8department under s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) as a result of
9a judicial decision.
AB443,271,11
10(16) Standards for services. Establish and enforce standards for services
11provided under s. 938.183, 938.34
, or 938.345.
AB443, s. 588
12Section
588. 938.49 (1) of the statutes is amended to read:
AB443,271,19
13938.49 (1) Notice to department of placement. When
the a court places a
14juvenile in a
secured juvenile correctional facility or secured
child caring institution 15residential care center for children and youth under the supervision of the
16department, the court shall immediately notify the department of that action. The
17court shall, in accordance with procedures established by the department, provide
18transportation for the juvenile to a receiving center designated by the department
19or deliver the juvenile to
department personnel
of the department.
AB443, s. 589
20Section
589. 938.49 (2) of the statutes is renumbered 938.49 (2) (intro.) and
21amended to read:
AB443,272,222
938.49
(2) Transfer of court report and pupil records. (intro.) When
the
a 23court places a juvenile in a
secured juvenile correctional facility or a secured
child
24caring institution residential care center for children and youth under the
1supervision of the department, the court and all other public agencies shall
also 2immediately
transfer do all of the following:
AB443,272,5
3(a) Transfer to the department a copy of the report submitted to the court under
4s. 938.33 or, if the report was presented orally, a transcript of the report and all other
5pertinent data in their possession
and shall immediately notify.
AB443,272,7
6(b) Notify the juvenile's last school district in writing of its obligation under s.
7118.125 (4).
AB443, s. 590
8Section
590. 938.50 (1) and (2) of the statutes are consolidated, renumbered
9938.50 and amended to read:
AB443,272,24
10938.50 Examination of juveniles under supervision of department. The
11department shall examine every juvenile who is placed under its supervision to
12determine the type of placement best suited to the juvenile and to the protection of
13the public.
This The examination shall include an investigation of the personal and
14family history of the juvenile and his or her environment, any physical or mental
15examinations
considered necessary to determine the type of placement
that is
16necessary appropriate for the juvenile
, and
the an evaluation under s. 938.533 (2) to
17determine whether the juvenile is eligible for corrective sanctions supervision or
18serious juvenile offender supervision.
A The department shall screen a juvenile who
19is examined under this
subsection shall be screened
section to determine whether
20the juvenile is in need of special treatment or care because of alcohol or other drug
21abuse, mental illness
, or severe emotional disturbance.
(2) In making
this the 22examination the department may use any facilities, public or private, that offer
aid
23to it assistance in
the determination of determining the correct placement for the
24juvenile.
AB443, s. 591
25Section
591. 938.505 (1) (title) of the statutes is created to read:
AB443,273,1
1938.505
(1) (title)
Rights and duties of department or county department.
AB443, s. 592
2Section
592. 938.505 (2) of the statutes is amended to read:
AB443,273,163
938.505
(2) Psychotropic medication. (a) If a juvenile 14 years of age or
over
4who older is under the supervision of the department or a county department as
5described in sub. (1)
and who, is not residing in his or her home
, and wishes to be
6administered psychotropic medication but a parent with legal custody or the
7guardian refuses to consent to the administration of psychotropic medication or
8cannot be found, or if there is no parent with legal custody, the department or county
9department acting on the juvenile's behalf may petition the court assigned to
10exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile
11is located for permission to administer psychotropic medication to the juvenile. A
12copy of the petition and a notice of hearing shall be served upon the parent or
13guardian at his or her last-known address. If, after hearing, the court determines
14that all of the following
apply, the court shall grant permission for the department
15or county department to administer psychotropic medication to the juvenile without
16the parent's or guardian's consent:
AB443,273,2217
1.
That the The parent's or guardian's consent is unreasonably withheld
or
18that, the parent or guardian cannot be found
, or
that there is no parent with legal
19custody, except that the court may not determine that a parent's or guardian's
20consent is unreasonably withheld solely because the parent or guardian relies on
21treatment by spiritual means through prayer for healing in accordance with his or
22her religious tradition.
AB443,273,2523
2.
That the The juvenile is 14 years of age or
over and older, is competent to
24consent to the administration of psychotropic medication
, and
that the juvenile 25voluntarily consents to the administration of psychotropic medication.
AB443,274,4
13.
Based The juvenile, based on the recommendation of a physician,
that the
2juvenile is in need of psychotropic medication,
that and psychotropic medication is
3appropriate for the juvenile's needs and
that psychotropic medication is the least
4restrictive treatment consistent with
the juvenile's
those needs.
AB443,274,85
(b) The court may, at the request of the department or county department,
6temporarily approve the administration of psychotropic medication, for not more
7than 10 days after the date of the request, pending the hearing on the petition
, which.
8The hearing shall be held within
those 10 days
that 10-day period.
AB443, s. 593
9Section
593. 938.51 (1) (intro.) of the statutes is amended to read:
AB443,274,1710
938.51
(1) Release from secured facility or supervision. (intro.) At least 15
11days prior to the date of release from a
secured
juvenile correctional facility
, or a
12secured
child caring institution or a secured group home residential care center for
13children and youth of a juvenile who has been adjudicated delinquent and at least
1415 days prior to the release from the supervision of the department or a county
15department of a juvenile who has been adjudicated delinquent, the department or
16county department having supervision over the juvenile shall make a reasonable
17attempt to do all of the following:
AB443, s. 594
18Section
594. 938.51 (1d) (title) and (1g) (title) of the statutes are created to
19read:
AB443,274,2020
938.51
(1d) (title)
Release from nonsecured residential care center.
AB443,274,21
21(1g) (title)
Release from inpatient facility.
AB443, s. 595
22Section
595. 938.51 (1m) of the statutes is amended to read:
AB443,275,723
938.51
(1m) Notification of local agencies. The department or county
24department having supervision over a juvenile described in sub. (1) shall determine
25the local agencies that it will notify under sub. (1) (a) based on the residence of the
1juvenile's parents or on the juvenile's intended residence specified in the juvenile's
2aftercare supervision plan or, if those methods do not indicate the community in
3which the juvenile will reside following release from a
secured juvenile correctional
4facility
, or a secured
child caring institution or a secured group home residential care
5center for children and youth or from the supervision of the department or county
6department, the community in which the juvenile states that he or she intends to
7reside.
AB443, s. 596
8Section
596. 938.51 (1r) (title) of the statutes is created to read:
AB443,275,99
938.51
(1r) (title)
Contents of notice.
AB443, s. 597
10Section
597. 938.51 (2) of the statutes is amended to read:
AB443,276,411
938.51
(2) Notification request cards. The department shall design and
12prepare cards for any person specified in sub. (1) (b), (c), (cm)
, or (d) to send to the
13department or county department having supervision over a juvenile described in
14sub. (1), (1d)
, or (1g). The cards shall have space for
any such person to provide his
15or her the person's name, telephone number and mailing address, the name of the
16applicable juvenile
, and any other information that the department determines is
17necessary. The cards shall
also advise a victim who is under 18 years of age that he
18or she may complete a card requesting notification under sub. (1) (b), (1d)
, or (1g) if
19the notification occurs after the victim attains 18 years of age and advising the
20parent or guardian of a victim who is under 18 years of age that the parent or
21guardian may authorize on the card direct notification of the victim under sub. (1)
22(b), (1d)
, or (1g) if the notification occurs after the victim attains 18 years of age. The
23department shall provide the cards, without charge, to district attorneys. District
24attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b)
25to (d). These persons may send completed cards to the department or county
1department having supervision over the juvenile.
All department Department and
2county department records or portions of records that relate to telephone numbers
3and mailing addresses of these persons are not subject to inspection or copying under
4s. 19.35 (1).
AB443, s. 598
5Section
598. 938.51 (3) (title) of the statutes is created to read:
AB443,276,66
938.51
(3) (title)
Release not affected by failure to notify.
AB443, s. 599
7Section
599. 938.51 (4) (intro.) of the statutes is amended to read:
AB443,276,208
938.51
(4) Notification if escape or absence. (intro.) If a juvenile described
9in sub. (1), (1d), or (1g) escapes from a
secured
juvenile correctional facility,
10residential care center for children and youth,
secured group home, inpatient facility,
11secure juvenile detention facility, or juvenile portion of a county jail, or from the
12custody of a peace officer or a guard of such a facility, center, home, or jail, or has been
13allowed to leave a
secured juvenile correctional facility, residential care center for
14children and youth,
secured group home, inpatient facility,
secure juvenile detention
15facility, or juvenile portion of a county jail for a specified period of time and is absent
16from the facility, center, home, or jail for more than 12 hours after the expiration of
17the specified period, as soon as possible after the department or county department
18having supervision over the juvenile discovers
that
the escape or absence,
that the 19department or county department shall make a reasonable attempt to notify by
20telephone all of the following persons:
AB443, s. 600
21Section
600. 938.52 (1) (d), (2) and (4) of the statutes are amended to read:
AB443,276,2422
938.52
(1) (d) Institutions, facilities
, and services, including
without limitation 23forestry or conservation camps
, for the training and treatment of juveniles 10 years
24of age or older who have been adjudged delinquent.
AB443,277,10
1(2) Use of other facilities. (a) In addition to
the facilities and services
2described in under sub. (1), the department may use other facilities and services
3under its jurisdiction. The department may
also contract for and pay for the use of
4other public facilities or private facilities for the care and treatment of juveniles in
5its care
; but placement. Placement of juveniles in private or public facilities not
6under
its the department's jurisdiction does not terminate
the its supervision under
7s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4)
of the department. Placements
8in institutions for
the mentally ill or developmentally disabled persons with a mental
9illness or development disability shall be made in accordance with ss. 48.14 (5),
1048.63
, and 938.34 (6) (am) and ch. 51.
AB443,277,1711
(b) Public facilities
are required to shall accept and care for persons placed with
12them by the department in the same manner as they would be required to do had the
13legal custody of these persons been transferred by a court of competent jurisdiction.
14Nothing in this subsection
shall be construed to require requires any public facility
15to serve the department
inconsistently in a manner that is inconsistent with
its the
16facility's functions or with the laws and regulations governing
their its activities
; or
17to give gives the department authority to use any private facility without its consent.
AB443,277,2118
(c) The department
shall have the right to may inspect
all facilities any facility 19it is using and
to examine and consult with persons under its supervision under s.
20938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) who have been placed in
that the 21facility.
AB443,277,23
22(4) Coeducational programs and institutions. The department may
institute 23establish and maintain coeducational programs and institutions under this chapter.
AB443, s. 601
24Section
601. 938.53 of the statutes is amended to read:
AB443,278,7
1938.53 Duration of control of department over delinquents. Except as
2provided under ss. 48.366 and 938.183,
all juveniles
a juvenile adjudged delinquent
3who
have has been placed under the supervision of the department under s. 938.183,
4938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) shall be discharged as soon as the
5department determines that there is a reasonable probability that
it departmental
6supervision is no longer necessary
either for the rehabilitation and treatment of the
7juvenile or for the protection of the public
that the department retain supervision.
AB443, s. 602
8Section
602. 938.533 of the statutes is amended to read:
AB443,279,10
9938.533 Corrective sanctions. (2) Corrective sanctions program. From
10the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective
11sanctions program to serve an average daily population of 136 juveniles
, or an
12average daily population of more than 136 juveniles if unless the appropriation
13under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions
14for the program are increased under s. 13.101 or 16.505 (2) or
if unless funding and
15positions to serve more than that average daily population are otherwise available,
16in
not less than at least 3 counties, including Milwaukee County. The
department's 17office of juvenile offender review
in the department shall evaluate and select for
18participation in the program juveniles who have been placed under the supervision
19of the department under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4). The
20department shall place a program participant in the community, provide intensive
21surveillance of that participant, and provide an average of not more than $3,000 per
22year per slot to purchase community-based treatment services for each participant.
23The department shall make the intensive surveillance
required under this
24subsection available 24 hours a day, 7 days a week, and may purchase or provide
25electronic monitoring for the intensive surveillance of program participants. The
1department shall provide a report center in Milwaukee County to provide on-site
2programming after school and in the evening for juveniles from Milwaukee County
3who are placed in the corrective sanctions program. A contact worker providing
4services under the program shall have a case load of approximately 10 juveniles and,
5during the initial phase of placement in the community under the program of a
6juvenile who is assigned to that contact worker, shall have not less than one
7face-to-face contact per day with that juvenile. Case management services under
8the program shall be provided by a corrective sanctions agent who shall have a case
9load of approximately 15 juveniles. The department shall promulgate rules to
10implement the program.
AB443,279,22
11(3) Institutional status. (a) A participant in the corrective sanctions program
12remains is under the supervision of the department,
remains is subject to the rules
13and discipline of
that the department, and is considered to be in custody, as defined
14in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a
15condition of
that juvenile's his or her participation in the corrective sanctions
16program the department may, without a hearing, take the juvenile into custody and
17place the juvenile in a
secured juvenile detention facility or return the juvenile to
18placement in a Type 1
secured juvenile correctional facility or a secured
child caring
19institution residential care center for children and youth. This paragraph does not
20preclude a juvenile who has violated a condition of the
juvenile's his or her 21participation in the corrective sanctions program from being taken into and held in
22custody under ss. 938.19 to 938.21.
AB443,280,823
(b) The department shall operate the corrective sanctions program as a Type 2
24secured juvenile correctional facility. The secretary may allocate and reallocate
25existing and future facilities as part of the Type 2
secured juvenile correctional
1facility. The Type 2
secured juvenile correctional facility is subject to s. 301.02.
2Construction or establishment of a Type 2
secured
juvenile correctional facility shall
3be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the
4exemptions under s. 13.48 (13), construction or establishment of a Type 2
secured 5juvenile correctional facility is not subject to the ordinances or regulations relating
6to zoning, including zoning under ch. 91, of the county and city, village
, or town in
7which the construction or establishment takes place and is exempt from the
8investigations permitted under s. 46.22 (1) (c) 1. b.
AB443,280,11
9(3m) Escape. If a juvenile runs away from
the juvenile's his or her placement
10in the community while participating in the corrective sanctions program,
that the 11juvenile is considered to have escaped in violation of s. 946.42 (3) (c).
AB443, s. 603
12Section
603. 938.534 (1) (title) of the statutes is created to read:
AB443,280,1413
938.534
(1) (title)
Program requirements; violation of condition of
14participation.
AB443, s. 604
15Section
604. 938.534 (1) (a) and (b) 1., 2. and 4. of the statutes are amended
16to read:
AB443,281,217
938.534
(1) (a) A county department may provide an intensive supervision
18program for juveniles who have been adjudicated delinquent and ordered to
19participate in an intensive supervision program under s. 938.34 (2r). A county
20department that provides
an intensive supervision
a program shall purchase or
21provide intensive surveillance and community-based treatment services for
22participants in
that the program and may purchase or provide electronic monitoring
23for the intensive surveillance of program participants. A caseworker providing
24services under
an intensive supervision a program may have a case load of no more
25than 10 juveniles and shall have not less than one face-to-face contact per day with
1each juvenile who is assigned to that caseworker
, except that the face-to-face contact
2requirement does not apply to a juvenile placed under par. (b) or (c).
AB443,281,203
(b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
4policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
5the county board relating to the taking into custody and placement of a juvenile
6under this subdivision, if a juvenile violates a condition of the
juvenile's his or her 7participation in the program, the juvenile's caseworker or any other person
8authorized to provide or providing intake or dispositional services for the court under
9s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
10the juvenile in a
secure juvenile detention facility or juvenile portion of a county jail
11that meets the standards promulgated by the department by rule or in a place of
12nonsecure custody designated by that person for not more than 72 hours while the
13alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a
14change in the conditions of the juvenile's participation in the program are being
15investigated
,. Short-term detention under this subdivision may be imposed only if
16at the dispositional hearing the court explained those conditions to the juvenile and
17informed the juvenile of
the possibility of that
possible placement or if before the
18violation the juvenile has acknowledged in writing that he or she has read, or has had
19read to him or her, those conditions and that possible placement and that he or she
20understands those conditions and that possible placement.
AB443,282,1921
2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
22policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by
23the county board relating to the taking into custody and placement of a juvenile
24under this subdivision, if a juvenile violates a condition of the juvenile's participation
25in the program, the juvenile's caseworker or any other person authorized to provide
1or providing intake or dispositional services for the court under s. 938.067 or 938.069
2may, without a hearing, take the juvenile into custody and place the juvenile in a
3secure juvenile detention facility or juvenile portion of a county jail that meets the
4standards promulgated by the department by rule or in a place of nonsecure custody
5designated by that person for not more than 72 hours as a consequence of that
6violation
,. Short-term detention under this subdivision may be imposed only if at
7the dispositional hearing the court explained those conditions to the juvenile and
8informed the juvenile of
the possibility of that
possible placement or if before the
9violation the juvenile has acknowledged in writing that he or she has read, or has had
10read to him or her, those conditions and that possible placement and that he or she
11understands those conditions and that possible placement. A person who takes a
12juvenile into custody under this subdivision shall permit the juvenile to make a
13written or oral statement concerning the possible placement of the juvenile and the
14course of conduct for which the juvenile was taken into custody. A person designated
15by the court or the county department who is employed in a supervisory position by
16a person authorized to provide or providing intake or dispositional services under s.
17938.067 or 938.069 shall review that statement and
shall either approve the
18placement
, modify the terms of the placement, or order the juvenile to be released
19from custody.
AB443,282,2420
4. The use of placement in a
secure juvenile detention facility or in a juvenile
21portion of a county jail as a place of short-term detention under subd. 1. or 2. is
22subject to the adoption of a resolution by the county board of supervisors under s.
23938.06 (5) authorizing the use of those placements as places of short-term detention
24under subd. 1. or 2.
Note: Clarifies, in the last sentence in s. 938.534 (1) (a), stats., that the "one
face-to-face contact per day" requirement does not apply: (1) under par. (b) when a youth
is placed in shelter care or a secure facility for a violation of intensive supervision program
rules for a 72-hour hold; or (2) under par. (c) when a youth is placed in non-secure custody
for not more than 30 days as crisis intervention. Under current practice, assigned
caseworkers do not have daily contact with youth when they are receiving a "service" such
as being held in detention or in shelter care.
Specifies, in s. 938.534 (1) (b) 2., stats., that when a juvenile is placed on a 72-hour
hold in either a secure or non-secure facility for a violation of a condition of participation
in an intensive supervision program, a person authorized to review the juvenile's
statement has the authority to modify the placement as well as approve the statement
(current law). Under current practice, supervisors do modify the placement downward
from 72 hours or suggest that the caseworkers do so if appropriate.
AB443, s. 605
1Section
605. 938.534 (1) (c) and (d) and (2) of the statutes are amended to read:
AB443,283,132
938.534
(1) (c) Notwithstanding ss. 938.19 to 938.21, but subject to any general
3written policies adopted by the court under s. 938.06 (1) or (2) and to any policies
4adopted by the county board relating to the taking into custody and placement of a
5juvenile under this paragraph,
if the juvenile is in need of crisis intervention the
6juvenile's caseworker may
also, without a hearing, take the juvenile into custody and
7place the juvenile in a place of nonsecure custody for not more than 30 days
as crisis
8intervention, if the juvenile is in need of crisis intervention and, if. This placement
9may be made only if at the dispositional hearing the court informed the juvenile of
10the possibility of that
possible placement or if before the violation the juvenile has
11acknowledged in writing that he or she has read, or has had read to him or her, those
12conditions and that possible placement and that he or she understands those
13conditions and that possible placement.
AB443,284,314
(d) If the juvenile is held under par. (b) 1. or 2. in a
secure juvenile detention
15facility, juvenile portion of a county jail
, or place of nonsecure custody for longer than
1672 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall be
17conducted in the manner provided in s. 938.21, except that the hearing shall be
18conducted within 72 hours, rather than 24 hours, after the end of the day that the
1decision to hold the juvenile was made and a written statement of the reasons for
2continuing to hold the juvenile in custody may be filed rather than a petition under
3s. 938.25.
AB443,284,10
4(2) Rules for intensive supervision program. The department shall
5promulgate rules specifying the requirements for an intensive supervision program
6under this section. The rules shall include
rules that govern provisions governing 7the use of placement in a
secure juvenile detention facility, juvenile portion of a
8county jail
, or place of nonsecure custody for not more than 72 hours under sub. (1)
9(b) and the use of placement in a place of nonsecure custody for not more than 30 days
10under sub. (1) (c).
AB443, s. 606
11Section
606. 938.535 of the statutes is amended to read:
AB443,284,20
12938.535 Early release and intensive supervision program; limits. The
13department may establish a program for the early release and intensive supervision
14of juveniles who have been placed in a
secured juvenile correctional facility or a
15secured
child caring institution residential care center for children and youth under
16s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been
17placed in a
secured juvenile correctional facility or a secured
child caring institution 18residential care center for children and youth as a result of a delinquent act involving
19the commission of a violent crime as defined in s. 969.035, but not including the crime
20specified in s. 948.02 (1).
AB443, s. 607
21Section
607. 938.538 (3) (a) 1., 1m., 1p. and 2. of the statutes are amended to
22read:
AB443,285,223
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1
secured juvenile 24correctional facility
, or a secured
child caring institution or, if the participant is 17
25years of age or over or 15 years of age or over and transferred under s. 938.357 (4)
1(d), a Type 1 prison, as defined in s. 301.01 (5),
residential care center for children
2and youth for a period of not more than 3 years.
AB443,285,103
1m. If the participant has been adjudicated delinquent for committing an act
4that would be a Class A felony if committed by an adult, placement in a Type 1
5secured juvenile correctional facility
, or a secured
child caring institution or, if the
6participant is 17 years of age or over or 15 years of age or over and transferred under
7s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), residential care center
8for children and youth until the participant reaches 25 years of age, unless the
9participant is released sooner, subject to a mandatory minimum period of
10confinement of not less than one year.
AB443,285,1311
1p. Alternate care, including placement in a foster home, treatment foster
12home, group home, residential care center for children and youth, or secured
child
13caring institution residential care center for children and youth.
AB443,285,1614
2. Intensive or other field supervision, including corrective sanctions
15supervision under s. 938.533
, or aftercare supervision
or, if the participant is 17
16years of age or over, intensive sanctions supervision under s. 301.048.
AB443, s. 608
17Section
608. 938.538 (4), (5) (b) and (c), (6) and (6m) (b) of the statutes are
18amended to read:
AB443,286,1019
938.538
(4) Institutional status. (a) A participant in the
serious juvenile
20offender program
under this section is under the supervision and control of the
21department, is subject to the rules and discipline of the department
, and is
22considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19
23to 938.21, if a participant violates a condition of his or her participation in the
24program under sub. (3) (a) 2. to 9. while placed in a Type 2
secured juvenile 25correctional facility the department may, without a hearing, take the participant into
1custody and return him or her to placement in a Type 1
secured juvenile correctional
2facility
, or a secured
child caring institution or, if the participant is 17 years of age
3or over, a Type 1 prison, as defined in s. 301.01 (5) residential care center for children
4and youth. Any intentional failure of a participant to remain within the extended
5limits of his or her placement while participating in the serious juvenile offender
6program or to return within the time prescribed by the administrator of the division
7of intensive sanctions in the department is considered an escape under s. 946.42 (3)
8(c). This paragraph does not preclude a juvenile who has violated a condition of the
9juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into
10and held in custody under ss. 938.19 to 938.21.
AB443,286,2111
(b) The department shall operate the component phases of the program
12specified in sub. (3) (a) 2. to 9. as a Type 2
secured juvenile correctional facility. The
13secretary of corrections may allocate and reallocate existing and future facilities as
14part of the Type 2
secured juvenile correctional facility. The Type 2
secured juvenile 15correctional facility is subject to s. 301.02. Construction or establishment of a Type 2
16secured juvenile correctional facility shall be in compliance with all state laws except
17s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction
18or establishment of a Type 2
secured juvenile correctional facility is not subject to the
19ordinances or regulations relating to zoning, including zoning under ch. 91, of the
20county and city, village
, or town in which the construction or establishment takes
21place and is exempt from inspections required under s. 301.36.
AB443,286,25
22(5) (b) The department may discharge a participant from participation in the
23serious juvenile offender program and from departmental supervision and control at
24any time after
the participant he or she has completed 3 years
of participation in the
25serious juvenile offender program.
AB443,287,4
1(c) Sections 938.357 and 938.363 do not apply to changes of placement and
2revisions of orders for a juvenile who is a participant in the
serious juvenile offender
3program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the
4Racine youthful offender correctional facility named in s. 302.01
program.