SB804: Bill Text

SB804,95,12 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) shall be discharged as soon as that the department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

SB804,304 Section 304. 938.533 (2) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, section 4707bm, is amended to read:

SB804,95,21 938.533 (2) Community supervision services. (intro.) From the appropriation under s. 20.410 (3) 20.437 (4) (hr), the department of corrections shall purchase or provide community supervision services for juveniles who have been placed under the community supervision of the department of corrections under s. 938.34 (4n), 938.357 (4), or 938.538 (3) (a) 2. For each juvenile who is placed under community supervision, the department of corrections may purchase or provide any of the following services:

SB804,305 Section 305. 938.533 (3) of the statutes, as affected by 2015 Wisconsin Act 55, section 4709bm, is amended to read:

SB804,96,12 938.533 (3) Institutional status. (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections shall evaluate each juvenile who is placed under community supervision and may place such a juvenile in Type 2 status. A juvenile who is placed in Type 2 status is under the supervision of the department of corrections, is subject to the rules and discipline of that the department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a juvenile who is placed in Type 2 status violates a condition of his or her participation in community supervision, the department of corrections may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her participation in community supervision from being taken into and held in custody under ss. 938.19 to 938.21.

SB804,96,23 (b) The department of corrections shall operate community supervision for a juvenile who is placed in Type 2 status as a Type 2 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02 the governance of the department. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

SB804,306 Section 306. 938.533 (4) of the statutes is amended to read:

SB804,97,2 938.533 (4) Rules. The department of corrections shall promulgate rules to implement this section.

SB804,307 Section 307. 938.534 (1) (b) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,97,22 938.534 (1) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of his or her participation in the program, 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 s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

SB804,308 Section 308. 938.534 (1) (b) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,98,23 938.534 (1) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's participation in the program, 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. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. 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 the 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.

SB804,309 Section 309. 938.534 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,99,7 938.534 (2) Rules for intensive supervision program. The department of corrections shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include provisions governing the use of placement in a juvenile detention facility, juvenile portion of a county jail, or place of nonsecure custody for not more than 72 hours under sub. (1) (b) and the use of placement in a place of nonsecure custody for not more than 30 days under sub. (1) (c).

SB804,310 Section 310. 938.535 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,99,17 938.535 Early release and intensive supervision program; limits. The department of corrections may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or 938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

SB804,311 Section 311. 938.538 (2) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,99,24 938.538 (2) Program administration and design. (intro.) The department of corrections shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h). The department of corrections shall design the program to provide all of the following:

SB804,312 Section 312. 938.538 (3) (a) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,100,4 938.538 (3) (a) (intro.) The department of corrections shall provide each participant with one or more of the following sanctions:

SB804,313 Section 313. 938.538 (3) (a) 9. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,100,8 938.538 (3) (a) 9. Other programs as prescribed by the department of corrections.

SB804,314 Section 314. 938.538 (4) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,101,2 938.538 (4) Institutional status. (a) A participant in the program under this section is under the supervision and control of the department of corrections, is subject to the rules and discipline of that the department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department of corrections may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department of corrections is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

SB804,101,14 (b) The department of corrections shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The secretary of corrections children and families may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to s. 301.02 the governance of the department. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from inspections required under s. 301.36 938.226.

SB804,315 Section 315. 938.538 (5) (a) of the statutes, as affected by 2015 Wisconsin Act 55, section 4712bm, is amended to read:

SB804,101,22 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to community supervision under s. 301.03 938.485 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Community supervision of the participant shall be provided by the department of corrections.

SB804,316 Section 316. 938.538 (5) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,102,4 938.538 (5) (b) The department of corrections may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after he or she has completed 3 years in the serious juvenile offender program.

SB804,317 Section 317. 938.538 (6) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,102,12 938.538 (6) Purchase of services. The department of corrections may contract with the department of health services, the department of children and families, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the program under this section. The department of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) 20.437 (4) (cg).

SB804,318 Section 318. 938.538 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,102,16 938.538 (7) Rules. The department of corrections shall promulgate rules to implement this section.

SB804,319 Section 319. 938.539 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,102,24 938.539 (2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department of corrections, is subject to the rules and discipline of that the department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB804,320 Section 320. 938.539 (6) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,103,4 938.539 (6) Rule-making. The department of corrections shall promulgate rules to implement this section.

SB804,321 Section 321. 938.54 of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 938.54 (1) and amended to read:

SB804,103,13 938.54 (1) Records generally. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

SB804,322 Section 322. 938.549 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,103,19 938.549 (1) Classification system; content. (intro.) The department of children and families, in consultation with the department of corrections, shall make available to all counties a juvenile classification system that includes at least all of the following:

SB804,323 Section 323. 938.57 (1) (g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,103,23 938.57 (1) (g) Upon request of the department of corrections, provide service for any juvenile in the care of that the department.

SB804,324 Section 324. 938.57 (4) of the statutes, as affected by 2015 Wisconsin Act 55, section 4714bm, is amended to read:

SB804,104,13 938.57 (4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. If a county department intends to change its policy regarding whether the county department will provide aftercare supervision for juveniles released from juvenile correctional facilities or secured residential care centers for children and youth or the department of corrections will provide community supervision for those juveniles, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department of corrections stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

SB804,325 Section 325. 938.78 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB804,104,18 938.78 (1) Definition. In this section, unless otherwise qualified, "agency" means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency.

SB804,326 Section 326. 938.78 (3) of the statutes, as affected by 2015 Wisconsin Acts 55 and 149, is amended to read:

SB804,105,16 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB804,327 Section 327. Nonstatutory provisions.

SB804,105,18 (1) Transfer of juvenile correctional services.

SB804,105,22 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

SB804,106,2 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of corrections performing duties that are primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, are transferred to the department of children and families.

SB804,106,8 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB804,106,13 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that is primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, is transferred to the department of children and families.

SB804,106,20 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, is transferred to the department of children and families. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

SB804,107,2 (f) Contracts. All contracts entered into by the department of corrections in effect on the effective date of this paragraph that are primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any obligations under those contracts unless modified or rescinded by the department of children and families to the extent allowed under the contract.

SB804,107,11 (g) Rules and orders. All rules promulgated by the department of corrections in effect on the effective date of this paragraph that are primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of corrections in effect on the effective date of this paragraph that are primarily related to the provision of juvenile correctional services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

SB804,328 Section 328. Effective date.

SB804,107,15 (1) Transfer of juvenile correctional services. This act takes effect on July 1, 2017, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later.

SB804,107,16 (End)