SB804,57,107
938.02
(4) "Department" means the department of children and families
,
8except that with respect to a juvenile who is under the supervision of the department
9of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (4),
10"department" means the department of corrections.
SB804,57,1513
938.02
(10r) "Juvenile detention facility" means a locked facility approved by
14the department
of corrections under s.
301.36 938.226 for the secure, temporary
15holding in custody of juveniles.
SB804,58,318
938.02
(12r) "Out-of-home care provider" means a foster parent, guardian,
19relative other than a parent, or nonrelative in whose home a juvenile is placed, or the
20operator of a group home, residential care center for children and youth, or shelter
21care facility in which a juvenile is placed, under the placement and care
22responsibility of the department of children and families
, the department of
23corrections, or a county department. "Out-of-home care provider" also includes, in
24the case of a juvenile placed in a group home, residential care center for children and
25youth, or shelter care facility, a staff member employed on the site of that home,
1center, or facility who has been designated by the operator of that home, center, or
2facility as an out-of-home care provider for purposes of making decisions concerning
3the juvenile's participation in age or developmentally appropriate activities.
SB804,58,106
938.02
(19r) "Type 2 residential care center for children and youth" means a
7residential care center for children and youth that is designated by the department
8of corrections to provide care and maintenance for juveniles who have been placed
9in the residential care center for children and youth under the supervision of a county
10department under s. 938.34 (4d).
SB804,58,2113
938.06
(4) State aid. State aid to any county for juvenile delinquency-related
14court services under this section shall be at the same net effective rate that each
15county is reimbursed for county administration under s. 48.569, except as provided
16in s.
48.526 938.526. Counties having a population of less than 750,000 may use
17funds received under ss. 48.569 (1) (d) and
48.526
938.526, including county or
18federal revenue sharing funds allocated to match funds received under s. 48.569 (1)
19(d), for the cost of providing court attached intake services in amounts not to exceed
2050 percent of the cost of providing court attached intake services or $30,000 per
21county per calendar year, whichever is less.
SB804,59,324
938.069
(1) Duties. (intro.) The staff of the department
of corrections shall
25provide community supervision services for juveniles as provided in s. 938.533.
1Subject to sub. (2), the staff of the department
of corrections, the court, a county
2department, or a licensed child welfare agency designated by the court to carry out
3the objectives of this chapter shall:
SB804,59,86
938.069
(2) Agency approval needed. Licensed child welfare agencies and the
7department
of corrections shall provide services under this section only upon the
8approval of the agency from whom services are requested.
SB804,59,1611
938.08
(3) (a) (intro.) In addition to the law enforcement authority under sub.
12(2), personnel of the department
of corrections designated by
that the department
13and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated
14by agreement between the agency and the department
of corrections have the power
15of law enforcement authorities to take a juvenile into physical custody under the
16following conditions:
SB804,60,219
938.205
(1) (c) That the juvenile will run away or be taken away so as to be
20unavailable for proceedings of the court or its officers, proceedings of the division of
21hearings and appeals in the department of administration for revocation of
22community supervision or aftercare supervision, or action by the department
of
23corrections or county department relating to a violation of a condition of the juvenile's
24placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
1for children and youth or a condition of the juvenile's participation in the intensive
2supervision program under s. 938.534.
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:
SB804,60,2220
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:
SB804,61,2
1938.209
(1) (a) 1. The jail meets the standards for juvenile detention facilities
2established by the department
of corrections.
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.
SB804,62,1811
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.
SB804,62,2521
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.
SB804,63,53
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.
SB804,63,108
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.
SB804,63,1713
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.
SB804,63,2220
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.
SB804,64,3
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.
SB804,64,116
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).
SB804,64,1614
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.
SB804,64,2119
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.
SB804,65,224
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.
SB804,65,85
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.
SB804,65,1311
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.
SB804,65,1816
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.
SB804,65,25
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.
SB804,68,2214
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).
SB804,70,216
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).
SB804,70,155
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).
SB804,71,73
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.