SB804: Bill Text

SB804,60,17 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

SB804,208 Section 208. 938.209 (1) (a) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,60,22 938.209 (1) (a) (intro.) No other juvenile detention facility approved by the department of corrections or a county is available and all of the following conditions are met:

SB804,209 Section 209. 938.209 (1) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,61,2 938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities established by the department of corrections.

SB804,210 Section 210. 938.209 (2m) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,61,9 938.209 (2m) (b) The department of corrections shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety, and welfare of the juveniles held in those facilities.

SB804,211 Section 211. 938.22 (1) (a) of the statutes is amended to read:

SB804,61,21 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 938.226 and 938.227 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37 938.226, and 938.227. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 938.226 and 938.227 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

SB804,212 Section 212. 938.22 (2) (a) of the statutes is amended to read:

SB804,62,8 938.22 (2) (a) Counties shall submit plans for a shelter care facility, juvenile detention facility, or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.

SB804,213 Section 213. 938.22 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,62,18 938.22 (2) (b) If the department of corrections approves, a juvenile detention facility or a holdover room may be located in a public building in which there is a jail or other facility for the detention of adults if the juvenile detention facility or holdover room is physically segregated from the jail or other facility so that juveniles may enter the juvenile detention facility or holdover room without passing through areas where adults are confined and juveniles detained in the juvenile detention facility or holdover room cannot communicate with or view adults confined in the jail or other facility.

SB804,214 Section 214. 938.222 (2) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,62,25 938.222 (2) (a) 1. That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under s. 301.36 938.226.

SB804,215 Section 215. 938.222 (2) (b) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,63,5 938.222 (2) (b) 3. An agreement that the private juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 938.226.

SB804,216 Section 216. 938.222 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,63,10 938.222 (2) (b) 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

SB804,217 Section 217. 938.223 (2) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,63,17 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the department under s. 301.36 938.226.

SB804,218 Section 218. 938.223 (2) (b) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,63,22 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 938.226.

SB804,219 Section 219. 938.223 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,64,3 938.223 (2) (b) 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

SB804,220 Section 220. 938.224 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,64,11 938.224 (1) Uses of facilities. The county board of supervisors of a county may contract with the department of corrections for the use of a juvenile correctional facility operated by that the department for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).

SB804,221 Section 221. 938.224 (2) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,64,16 938.224 (2) (a) 1. There is no county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.

SB804,222 Section 222. 938.224 (2) (a) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,64,21 938.224 (2) (a) 2. There is no bed space available in a county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.

SB804,223 Section 223. 938.224 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,65,2 938.224 (2) (b) That the county may use a juvenile correctional facility for holding a juvenile under sub. (1) only if the department of corrections approves that use based on the availability of beds in the juvenile correctional facility and on the programming needs of the juvenile.

SB804,224 Section 224. 938.224 (3) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,65,8 938.224 (3) (a) The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department of corrections.

SB804,225 Section 225. 938.224 (3) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,65,13 938.224 (3) (b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting county and the department of corrections.

SB804,226 Section 226. 938.224 (4) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,65,18 938.224 (4) Supervision and control of juveniles. A juvenile held in custody under sub. (1) is under the supervision and control of the department of corrections and is subject to the rules and discipline of that the department.

SB804,227 Section 227. 938.225 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,65,25 938.225 Statewide plan for juvenile detention facilities. The department of corrections shall assist counties in establishing juvenile detention facilities under s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable juvenile detention facilities reasonably accessible to each court.

SB804,228 Section 228. 938.226 of the statutes is created to read:

SB804,66,6 938.226 Secure juvenile facilities; general supervision and inspection by department. (1) Generally. The department shall investigate and supervise all juvenile correctional facilities, all secured residential care centers for children and youth, and all juvenile detention facilities and familiarize itself with all the circumstances affecting their management and usefulness.

SB804,66,14 (2) Inspections. The department shall inquire into the methods of treatment, instruction, government, and management of children placed in the facilities specified in sub. (1); the conduct of the trustees, managers, directors, superintendents, and other officers and employees of those facilities; the condition of the buildings, grounds, and all other property pertaining to those facilities; and all other matters pertaining to the usefulness and management of those facilities; and recommend to the officers in charge such changes and additional provisions as the department considers proper.

SB804,66,19 (3) Frequency of inspections. The department shall inspect and investigate each facility specified in sub. (1) at least annually and, when directed by the governor, the department shall conduct a special investigation into such a facility's management, or anything connected with its management, and report to the governor the testimony taken, the facts found, and the conclusions drawn.

SB804,67,2 (4) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial held under the provisions of this chapter relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of the request.

SB804,67,10 (5) Opportunity to inspect. All trustees, managers, directors, superintendents, and other officers or employees of a facility specified in sub. (1) shall at all times afford to every member of the department and its agents unrestrained facility access for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the facility, and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100.

SB804,67,14 (6) Testimonial power; expenses. The department or any person delegated by the department may administer oaths, take testimony, and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department.

SB804,67,17 (7) Statistics to be furnished. Whenever the department is required to collect statistics relating to a facility specified in sub. (1), the facility shall furnish the required statistics on request.

SB804,229 Section 229. 938.227 of the statutes is created to read:

SB804,67,22 938.227 Juvenile detention facilities; establishment, approval, inspection. (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of juvenile detention facilities, with respect to their adequacy and fitness for the needs that they are to serve.

SB804,68,2 (2) The selection and purchase of the site, and the plans, specifications, and erection of buildings for juvenile detention facilities shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the juvenile detention facility.

SB804,68,11 (3) Before any juvenile detention facility is occupied, and at least annually thereafter, the department shall inspect the juvenile detention facility, with respect to safety, sanitation, adequacy, and fitness, report to the authorities managing the juvenile detention facility any deficiency found, and order the necessary work to correct that deficiency. If within 6 months after the inspection the work is not commenced, or not completed within a reasonable period after commencement of the work, to the satisfaction of the department, the department shall suspend the allowance of state aid for, and prohibit the use of, the juvenile detention facility until the order is complied with.

SB804,230 Section 230. 938.23 (1m) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,68,22 938.23 (1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in a juvenile detention facility shall be represented by counsel at all stages of the proceedings. A juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth, transfer supervision of the juvenile to the department of corrections for participation in the serious juvenile offender program, or transfer jurisdiction over the juvenile to adult court.

SB804,231 Section 231. 938.295 (2) (c) of the statutes is amended to read:

SB804,69,6 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may recover a reasonable contribution toward that cost from the juvenile's parent or guardian, based on the ability of the parent or guardian to pay. If the examination is provided or otherwise funded by the county department under s. 46.215, 46.22, or 46.23, the county department shall collect the contribution of the parent or guardian as provided in s. 301.03 (18) 49.32 (1). If the examination is provided or otherwise funded by the county department under s. 51.42 or 51.437, the county department shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).

SB804,232 Section 232. 938.296 (6) of the statutes is amended to read:

SB804,69,13 938.296 (6) Payment for test costs. The court may order the county to pay for the cost of a test or series of tests ordered under sub. (4) or (5). This subsection does not prevent recovery of reasonable contribution toward the cost of that test or series of tests from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 301.03 (18) 49.32 (1).

SB804,233 Section 233. 938.30 (6) (b) of the statutes, as affected by 2015 Wisconsin Acts 55 and .... (Senate Bill 387), is amended to read:

SB804,70,2 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under s. 301.12 49.345 (14) (c).

SB804,234 Section 234. 938.31 (7) (b) of the statutes, as affected by 2015 Wisconsin Acts 55 and .... (Senate Bill 387), is amended to read:

SB804,70,15 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 (9) and the manner of its application established by the department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under s. 301.12 49.345 (14) (c).

SB804,235 Section 235. 938.33 (4m) (intro.) of the statutes is amended to read:

SB804,70,21 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors under s. 301.12 49.345 (14) (c). At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

SB804,236 Section 236. 938.33 (4m) (b) of the statutes is amended to read:

SB804,70,24 938.33 (4m) (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 301.12 49.345 (14) (c).

SB804,237 Section 237. 938.34 (2) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,71,7 938.34 (2) (a) Place the juvenile under the supervision of an agency, the department of corrections, if that the department approves, or a suitable adult, including a friend of the juvenile, under conditions prescribed by the court, including reasonable rules for the juvenile's conduct, designed for the physical, mental, and moral well-being and behavior of the juvenile.

SB804,238 Section 238. 938.34 (2) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,71,14 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department of corrections, order that agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, or parent skills training.

SB804,239 Section 239. 938.34 (3) (f) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,71,20 938.34 (3) (f) (intro.) A juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:

SB804,240 Section 240. 938.34 (4m) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,71,25 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections if all of the following apply:

SB804,241 Section 241. 938.34 (4n) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4655bm, is amended to read:

SB804,72,12 938.34 (4n) Community supervision or aftercare supervision. (intro.) In the case of a juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth, designate the department of corrections to provide community supervision for the juvenile following the juvenile's release from that facility or center or, subject to any arrangement between the department of corrections and a county department regarding the provision of aftercare supervision for juveniles who have been released from a juvenile correctional facility or a secured residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from that facility or center:

SB804,242 Section 242. 938.34 (6s) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,72,18 938.34 (6s) Drug testing. If the report under s. 938.33 (1) indicates that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department of corrections shall promulgate by rule.

SB804,243 Section 243. 938.34 (8d) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,72,25 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured residential care center for children and youth fails to pay the surcharge under par. (a), the department of corrections shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

SB804,244 Section 244. 938.355 (6) (d) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,73,15 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

SB804,245 Section 245. 938.355 (6d) (a) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,74,2 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated.

SB804,246 Section 246. 938.355 (6d) (a) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,74,20 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

SB804,247 Section 247. 938.355 (6d) (b) 1. of the statutes, as affected by 2015 Wisconsin Act 55, section 4658bm, is amended to read:

SB804,75,7 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated.