SB804,60,175 938.208 (1) Delinquent act and risk of harm or running away. (intro.)
6Probable cause exists to believe that the juvenile has committed a delinquent act and
7either presents a substantial risk of physical harm to another person or a substantial
8risk of running away so as to be unavailable for a court hearing, a revocation of
9community supervision or aftercare supervision hearing, or action by the
10department of corrections or county department relating to a violation of a condition
11of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
12residential care center for children and youth or a condition of the juvenile's
13participation in the intensive supervision program under s. 938.534. For juveniles
14who have been adjudged delinquent, the delinquent act referred to in this section
15may be the act for which the juvenile was adjudged delinquent. If the intake worker
16determines that any of the following conditions applies, the juvenile is considered to
17present a substantial risk of physical harm to another person:
SB804,208 18Section 208. 938.209 (1) (a) (intro.) of the statutes, as affected by 2015
19Wisconsin Act 55
, is amended to read:
SB804,60,2220 938.209 (1) (a) (intro.) No other juvenile detention facility approved by the
21department of corrections or a county is available and all of the following conditions
22are met:
SB804,209 23Section 209. 938.209 (1) (a) 1. of the statutes, as affected by 2015 Wisconsin
24Act 55
, is amended to read:
SB804,61,2
1938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities
2established by the department of corrections.
SB804,210 3Section 210. 938.209 (2m) (b) of the statutes, as affected by 2015 Wisconsin
4Act 55
, is amended to read:
SB804,61,95 938.209 (2m) (b) The department of corrections shall promulgate rules
6establishing minimum requirements for the approval of a municipal lockup facility
7as a suitable place for holding juveniles in custody and for the operation of such a
8facility. The rules shall be designed to protect the health, safety, and welfare of the
9juveniles held in those facilities.
SB804,211 10Section 211. 938.22 (1) (a) of the statutes is amended to read:
SB804,61,2111 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a
12county may establish a juvenile detention facility in accordance with ss. 301.36 and
13301.37
938.226 and 938.227 or the county boards of supervisors for 2 or more counties
14may jointly establish a juvenile detention facility in accordance with ss. 46.20,
15301.36, and 301.37 938.226, and 938.227. The county board of supervisors of a county
16may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the
17county boards of supervisors for 2 or more counties may jointly establish a shelter
18care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may
19establish a juvenile detention facility in accordance with ss. 301.36 and 301.37
20938.226 and 938.227 and contract with one or more county boards of supervisors
21under s. 938.222 to hold juveniles in the private juvenile detention facility.
SB804,212 22Section 212. 938.22 (2) (a) of the statutes is amended to read:
SB804,62,823 938.22 (2) (a) Counties shall submit plans for a shelter care facility, juvenile
24detention facility, or juvenile portion of the county jail to the department of
25corrections and submit plans for a shelter care facility to the department of children

1and families
. A private entity that proposes to establish a juvenile detention facility
2shall submit plans for the facility to the department of corrections. The applicable
3department shall review the submitted plans. A county or a private entity may not
4implement a plan unless the applicable department has approved the plan. The
5department of corrections shall promulgate rules establishing minimum
6requirements for the approval and operation of juvenile detention facilities and the
7juvenile portion of county jails. The plans and rules shall be designed to protect the
8health, safety, and welfare of the juveniles placed in those facilities.
SB804,213 9Section 213. 938.22 (2) (b) of the statutes, as affected by 2015 Wisconsin Act
1055
, is amended to read:
SB804,62,1811 938.22 (2) (b) If the department of corrections approves, a juvenile detention
12facility or a holdover room may be located in a public building in which there is a jail
13or other facility for the detention of adults if the juvenile detention facility or
14holdover room is physically segregated from the jail or other facility so that juveniles
15may enter the juvenile detention facility or holdover room without passing through
16areas where adults are confined and juveniles detained in the juvenile detention
17facility or holdover room cannot communicate with or view adults confined in the jail
18or other facility.
SB804,214 19Section 214. 938.222 (2) (a) 1. of the statutes, as affected by 2015 Wisconsin
20Act 55
, is amended to read:
SB804,62,2521 938.222 (2) (a) 1. That the private juvenile detention facility meet or exceed the
22minimum requirements for the approval and operation of a juvenile detention
23facility established by the department of corrections by rule under s. 938.22 (2) (a)
24and that the private juvenile detention facility be approved by the department under
25s. 301.36 938.226.
SB804,215
1Section 215. 938.222 (2) (b) 3. of the statutes, as affected by 2015 Wisconsin
2Act 55
, is amended to read:
SB804,63,53 938.222 (2) (b) 3. An agreement that the private juvenile detention facility is
4subject to investigation and inspection by the department of corrections under s.
5301.36 938.226.
SB804,216 6Section 216. 938.222 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin
7Act 55
, is amended to read:
SB804,63,108 938.222 (2) (b) 4. Any other matters that are necessary and appropriate
9concerning the obligations, responsibilities, and rights of the contracting counties
10and the department of corrections.
SB804,217 11Section 217. 938.223 (2) (a) 1. of the statutes, as affected by 2015 Wisconsin
12Act 55
, is amended to read:
SB804,63,1713 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed
14the minimum requirements for the approval and operation of a Wisconsin juvenile
15detention facility established by the department of corrections by rule under s.
16938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the
17department under s. 301.36 938.226.
SB804,218 18Section 218. 938.223 (2) (b) 3. of the statutes, as affected by 2015 Wisconsin
19Act 55
, is amended to read:
SB804,63,2220 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility
21is subject to investigation and inspection by the department of corrections under s.
22301.36 938.226.
SB804,219 23Section 219. 938.223 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin
24Act 55
, is amended to read:
SB804,64,3
1938.223 (2) (b) 4. Any other matters that are necessary and appropriate
2concerning the obligations, responsibilities, and rights of the contracting counties
3and the department of corrections.
SB804,220 4Section 220. 938.224 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
5is amended to read:
SB804,64,116 938.224 (1) Uses of facilities. The county board of supervisors of a county may
7contract with the department of corrections for the use of a juvenile correctional
8facility operated by that the department for the holding of juveniles who meet the
9criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject
10to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355
11(6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
SB804,221 12Section 221. 938.224 (2) (a) 1. of the statutes, as affected by 2015 Wisconsin
13Act 55
, is amended to read:
SB804,64,1614 938.224 (2) (a) 1. There is no county-operated juvenile detention facility
15approved by the department of corrections within 40 miles of the county seat of the
16county.
SB804,222 17Section 222. 938.224 (2) (a) 2. of the statutes, as affected by 2015 Wisconsin
18Act 55
, is amended to read:
SB804,64,2119 938.224 (2) (a) 2. There is no bed space available in a county-operated juvenile
20detention facility approved by the department of corrections within 40 miles of the
21county seat of the county.
SB804,223 22Section 223. 938.224 (2) (b) of the statutes, as affected by 2015 Wisconsin Act
2355
, is amended to read:
SB804,65,224 938.224 (2) (b) That the county may use a juvenile correctional facility for
25holding a juvenile under sub. (1) only if the department of corrections approves that

1use based on the availability of beds in the juvenile correctional facility and on the
2programming needs of the juvenile.
SB804,224 3Section 224. 938.224 (3) (a) of the statutes, as affected by 2015 Wisconsin Act
455
, is amended to read:
SB804,65,85 938.224 (3) (a) The per person daily rate to be paid by the county for holding
6a juvenile under sub. (1) and the charges to be paid by the county for any
7extraordinary medical and dental expenses and any programming provided for the
8juvenile by the department of corrections.
SB804,225 9Section 225. 938.224 (3) (b) of the statutes, as affected by 2015 Wisconsin Act
1055
, is amended to read:
SB804,65,1311 938.224 (3) (b) Any other matters that are necessary and appropriate
12concerning the obligations, responsibilities, and rights of the contracting county and
13the department of corrections.
SB804,226 14Section 226. 938.224 (4) of the statutes, as affected by 2015 Wisconsin Act 55,
15is amended to read:
SB804,65,1816 938.224 (4) Supervision and control of juveniles. A juvenile held in custody
17under sub. (1) is under the supervision and control of the department of corrections
18and is subject to the rules and discipline of that the department.
SB804,227 19Section 227. 938.225 of the statutes, as affected by 2015 Wisconsin Act 55, is
20amended to read:
SB804,65,25 21938.225 Statewide plan for juvenile detention facilities. The department
22of corrections shall assist counties in establishing juvenile detention facilities under
23s. 938.22 by developing and promulgating a statewide plan for the establishment and
24maintenance of suitable juvenile detention facilities reasonably accessible to each
25court.
SB804,228
1Section 228. 938.226 of the statutes is created to read:
SB804,66,6 2938.226 Secure juvenile facilities; general supervision and inspection
3by department.
(1) Generally. The department shall investigate and supervise
4all juvenile correctional facilities, all secured residential care centers for children
5and youth, and all juvenile detention facilities and familiarize itself with all the
6circumstances affecting their management and usefulness.
SB804,66,14 7(2) Inspections. The department shall inquire into the methods of treatment,
8instruction, government, and management of children placed in the facilities
9specified in sub. (1); the conduct of the trustees, managers, directors,
10superintendents, and other officers and employees of those facilities; the condition
11of the buildings, grounds, and all other property pertaining to those facilities; and
12all other matters pertaining to the usefulness and management of those facilities;
13and recommend to the officers in charge such changes and additional provisions as
14the department considers proper.
SB804,66,19 15(3) Frequency of inspections. The department shall inspect and investigate
16each facility specified in sub. (1) at least annually and, when directed by the governor,
17the department shall conduct a special investigation into such a facility's
18management, or anything connected with its management, and report to the
19governor the testimony taken, the facts found, and the conclusions drawn.
SB804,67,2 20(4) Enforcement by attorney general and district attorneys. Upon request
21of the department, the attorney general or the district attorney of the proper county
22shall aid in any investigation, inspection, hearing, or trial held under the provisions
23of this chapter relating to powers of the department, and shall institute and
24prosecute all necessary actions or proceedings for the enforcement of those
25provisions and for the punishment of violations of those provisions. The attorney

1general or district attorney so requested shall report or confer with the department
2regarding the request, within 30 days after the receipt of the request.
SB804,67,10 3(5) Opportunity to inspect. All trustees, managers, directors,
4superintendents, and other officers or employees of a facility specified in sub. (1)
5shall at all times afford to every member of the department and its agents
6unrestrained facility access for inspection of and free access to all parts of the
7buildings and grounds and to all books and papers of the facility, and shall give,
8either verbally or in writing, such information as the department requires. Any
9person who violates this subsection shall forfeit not less than $10 nor more than
10$100.
SB804,67,14 11(6) Testimonial power; expenses. The department or any person delegated by
12the department may administer oaths, take testimony, and cause depositions to be
13taken. All expenses of the investigations, including fees of officers and witnesses,
14shall be charged to the appropriation for the department.
SB804,67,17 15(7) Statistics to be furnished. Whenever the department is required to collect
16statistics relating to a facility specified in sub. (1), the facility shall furnish the
17required statistics on request.
SB804,229 18Section 229. 938.227 of the statutes is created to read:
SB804,67,22 19938.227 Juvenile detention facilities; establishment, approval,
20inspection.
(1) The department shall fix reasonable standards and regulations for
21the design, construction, repair, and maintenance of juvenile detention facilities,
22with respect to their adequacy and fitness for the needs that they are to serve.
SB804,68,2 23(2) The selection and purchase of the site, and the plans, specifications, and
24erection of buildings for juvenile detention facilities shall be subject to the review and

1approval of the department. Department review shall include review of the proposed
2program to be carried out by the juvenile detention facility.
SB804,68,11 3(3) Before any juvenile detention facility is occupied, and at least annually
4thereafter, the department shall inspect the juvenile detention facility, with respect
5to safety, sanitation, adequacy, and fitness, report to the authorities managing the
6juvenile detention facility any deficiency found, and order the necessary work to
7correct that deficiency. If within 6 months after the inspection the work is not
8commenced, or not completed within a reasonable period after commencement of the
9work, to the satisfaction of the department, the department shall suspend the
10allowance of state aid for, and prohibit the use of, the juvenile detention facility until
11the order is complied with.
SB804,230 12Section 230. 938.23 (1m) (a) of the statutes, as affected by 2015 Wisconsin Act
1355
, is amended to read:
SB804,68,2214 938.23 (1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in
15a juvenile detention facility shall be represented by counsel at all stages of the
16proceedings. A juvenile 15 years of age or older may waive counsel if the court is
17satisfied that the waiver is knowingly and voluntarily made and the court accepts
18the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile
19correctional facility or a secured residential care center for children and youth,
20transfer supervision of the juvenile to the department of corrections for participation
21in the serious juvenile offender program, or transfer jurisdiction over the juvenile to
22adult court.
SB804,231 23Section 231. 938.295 (2) (c) of the statutes is amended to read:
SB804,69,624 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may
25recover a reasonable contribution toward that cost from the juvenile's parent or

1guardian, based on the ability of the parent or guardian to pay. If the examination
2is provided or otherwise funded by the county department under s. 46.215, 46.22, or
346.23, the county department shall collect the contribution of the parent or guardian
4as provided in s. 301.03 (18) 49.32 (1). If the examination is provided or otherwise
5funded by the county department under s. 51.42 or 51.437, the county department
6shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).
SB804,232 7Section 232. 938.296 (6) of the statutes is amended to read:
SB804,69,138 938.296 (6) Payment for test costs. The court may order the county to pay for
9the cost of a test or series of tests ordered under sub. (4) or (5). This subsection does
10not prevent recovery of reasonable contribution toward the cost of that test or series
11of tests from the parent or guardian of the juvenile as the court may order based on
12the ability of the parent or guardian to pay. This subsection is subject to s. 301.03
13(18)
49.32 (1).
SB804,233 14Section 233. 938.30 (6) (b) of the statutes, as affected by 2015 Wisconsin Acts
1555
and .... (Senate Bill 387), is amended to read:
SB804,70,216 938.30 (6) (b) If it appears to the court that disposition of the case may include
17placement of the juvenile outside the juvenile's home, the court shall order the
18juvenile's parent to provide a statement of the income, assets, debts, and living
19expenses of the juvenile and the juvenile's parent to the court or the designated
20agency under s. 938.33 (1) at least 5 days before the scheduled date of the
21dispositional hearing or as otherwise ordered by the court. The clerk of court shall
22provide, without charge, to any parent ordered to provide that statement a document
23setting forth the percentage standard established by the department of children and
24families
under s. 49.22 (9) and the manner of its application established by the

1department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under
2s. 301.12 49.345 (14) (c).
SB804,234 3Section 234. 938.31 (7) (b) of the statutes, as affected by 2015 Wisconsin Acts
455
and .... (Senate Bill 387), is amended to read:
SB804,70,155 938.31 (7) (b) If it appears to the court that disposition of the case may include
6placement of the juvenile outside the juvenile's home, the court shall order the
7juvenile's parent to provide a statement of the income, assets, debts, and living
8expenses of the juvenile and the juvenile's parent, to the court or the designated
9agency under s. 938.33 (1) at least 5 days before the scheduled date of the
10dispositional hearing or as otherwise ordered by the court. The clerk of court shall
11provide, without charge, to any parent ordered to provide the statement a document
12setting forth the percentage standard established by the department of children and
13families
under s. 49.22 (9) and the manner of its application established by the
14department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under
15s. 301.12 49.345 (14) (c).
SB804,235 16Section 235. 938.33 (4m) (intro.) of the statutes is amended to read:
SB804,70,2117 938.33 (4m) Support recommendations; information to parents. (intro.) In
18making a recommendation for an amount of child support under sub. (3) or (4), the
19agency shall consider the factors under s. 301.12 49.345 (14) (c). At or before the
20dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent
21with all of the following:
SB804,236 22Section 236. 938.33 (4m) (b) of the statutes is amended to read:
SB804,70,2423 938.33 (4m) (b) A written explanation of how the parent may request that the
24court modify the amount of child support under s. 301.12 49.345 (14) (c).
SB804,237
1Section 237. 938.34 (2) (a) of the statutes, as affected by 2015 Wisconsin Act
255
, is amended to read:
SB804,71,73 938.34 (2) (a) Place the juvenile under the supervision of an agency, the
4department of corrections, if that the department approves, or a suitable adult,
5including a friend of the juvenile, under conditions prescribed by the court, including
6reasonable rules for the juvenile's conduct, designed for the physical, mental, and
7moral well-being and behavior of the juvenile.
SB804,238 8Section 238. 938.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act
955
, is amended to read:
SB804,71,1410 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the
11supervision of an agency or the department of corrections, order that agency or
12department to provide specified services to the juvenile and the juvenile's family,
13including individual, family, or group counseling, homemaker or parent aide
14services, respite care, housing assistance, child care, or parent skills training.
SB804,239 15Section 239. 938.34 (3) (f) (intro.) of the statutes, as affected by 2015 Wisconsin
16Act 55
, is amended to read:
SB804,71,2017 938.34 (3) (f) (intro.) A juvenile detention facility or juvenile portion of a county
18jail that meets the standards promulgated by the department of corrections by rule,
19or in a place of nonsecure custody designated by the court, subject to all of the
20following:
SB804,240 21Section 240. 938.34 (4m) (intro.) of the statutes, as affected by 2015 Wisconsin
22Act 55
, is amended to read:
SB804,71,2523 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile
24correctional facility or a secured residential care center for children and youth under
25the supervision of the department of corrections if all of the following apply:
SB804,241
1Section 241. 938.34 (4n) (intro.) of the statutes, as affected by 2015 Wisconsin
2Act 55
, section 4655bm, is amended to read:
SB804,72,123 938.34 (4n) Community supervision or aftercare supervision. (intro.) In the
4case of a juvenile who has been placed in a juvenile correctional facility or a secured
5residential care center for children and youth, designate the department of
6corrections
to provide community supervision for the juvenile following the juvenile's
7release from that facility or center or, subject to any arrangement between the
8department of corrections and a county department regarding the provision of
9aftercare supervision for juveniles who have been released from a juvenile
10correctional facility or a secured residential care center for children and youth,
11designate one of the following to provide aftercare supervision for the juvenile
12following the juvenile's release from that facility or center:
SB804,242 13Section 242. 938.34 (6s) of the statutes, as affected by 2015 Wisconsin Act 55,
14is amended to read:
SB804,72,1815 938.34 (6s) Drug testing. If the report under s. 938.33 (1) indicates that the
16juvenile is in need of treatment for the use or abuse of controlled substances or
17controlled substance analogs, order the juvenile to submit to drug testing under a
18drug testing program that the department of corrections shall promulgate by rule.
SB804,243 19Section 243. 938.34 (8d) (c) of the statutes, as affected by 2015 Wisconsin Act
2055
, is amended to read:
SB804,72,2521 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured
22residential care center for children and youth fails to pay the surcharge under par.
23(a), the department of corrections shall assess and collect the amount owed from the
24juvenile's wages or other moneys. Any amount collected shall be transmitted to the
25secretary of administration.
SB804,244
1Section 244. 938.355 (6) (d) 1. of the statutes, as affected by 2015 Wisconsin
2Act 55
, is amended to read:
SB804,73,153 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or
4juvenile portion of a county jail that meets the standards promulgated by the
5department of corrections by rule or in a place of nonsecure custody, for not more than
610 days and the provision of educational services consistent with his or her current
7course of study during the period of placement. The juvenile shall be given credit
8against the period of detention or nonsecure custody imposed under this subdivision
9for all time spent in secure detention in connection with the course of conduct for
10which the detention or nonsecure custody was imposed. If the court orders
11placement of the juvenile in a place of nonsecure custody under the supervision of
12the county department, the court shall order the juvenile into the placement and care
13responsibility of the county department as required under 42 USC 672 (a) (2) and
14shall assign the county department primary responsibility for providing services to
15the juvenile.
SB804,245 16Section 245. 938.355 (6d) (a) 1. of the statutes, as affected by 2015 Wisconsin
17Act 55
, is amended to read:
SB804,74,218 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
192g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
20specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
21to provide or providing intake or dispositional services for the court under s. 938.067
22or 938.069 may, without a hearing, take the juvenile into custody and place the
23juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
24the standards promulgated by the department of corrections by rule or in a place of
25nonsecure custody designated by that person for not more than 72 hours while the

1alleged violation and the appropriateness of a sanction under sub. (6) are being
2investigated.
SB804,246 3Section 246. 938.355 (6d) (a) 2. of the statutes, as affected by 2015 Wisconsin
4Act 55
, is amended to read:
SB804,74,205 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
62g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
7specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
8to provide or providing intake or dispositional services for the court under s. 938.067
9or 938.069 may, without a hearing, take the juvenile into custody and place the
10juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
11the standards promulgated by the department of corrections by rule or in a place of
12nonsecure custody designated by that person for not more than 72 hours as a
13consequence of that violation. A person who takes a juvenile into custody under this
14subdivision shall permit the juvenile to make a written or oral statement concerning
15the possible placement of the juvenile and the course of conduct for which the
16juvenile was taken into custody. A person designated by the court or county
17department who is employed in a supervisory position by a person authorized to
18provide or providing intake or dispositional services under s. 938.067 or 938.069
19shall review that statement and either approve the placement, modify the terms of
20the placement, or order the juvenile to be released from custody.
SB804,247 21Section 247. 938.355 (6d) (b) 1. of the statutes, as affected by 2015 Wisconsin
22Act 55
, section 4658bm, is amended to read:
SB804,75,723 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
242g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of
25that supervision, 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
3juvenile detention facility or juvenile portion of a county jail that meets the
4standards promulgated by the department of corrections by rule or in a place of
5nonsecure custody designated by that person for not more than 72 hours while the
6alleged violation and the appropriateness of revoking the juvenile's aftercare status
7are being investigated.
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