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.
SB804,75,2510
938.355
(6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
112g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of
12that supervision, the juvenile's caseworker or any other person authorized to provide
13or providing intake or dispositional services for the court under s. 938.067 or 938.069
14may, without a hearing, take the juvenile into custody and place the juvenile in a
15juvenile detention facility or juvenile portion of a county jail that meets the
16standards promulgated by the department
of corrections by rule or in a place of
17nonsecure custody designated by that person for not more than 72 hours as a
18consequence of that violation. A person who takes a juvenile into custody under this
19subdivision shall permit the juvenile to make a written or oral statement concerning
20the possible placement of the juvenile and the course of conduct for which the
21juvenile was taken into custody. A person designated by the court or the county
22department who is employed in a supervisory position by a person authorized to
23provide or providing intake or dispositional services under s. 938.067 or 938.069
24shall review that statement and either approve the placement of the juvenile, modify
25the terms of the placement, or order the juvenile to be released from custody.
SB804,76,183
938.355
(6m) (a) 1g. Placement of the juvenile in a juvenile detention facility
4or juvenile 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. The use of placement in a
11juvenile detention facility or in a juvenile portion of a county jail as a sanction under
12this subdivision is subject to the adoption of a resolution by the county board of
13supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.
14If the court orders placement of the juvenile in a place of nonsecure custody under
15the supervision of the county department, the court shall order the juvenile into the
16placement and care responsibility of the county department as required under
42
17USC 672 (a) (2) and shall assign the county department primary responsibility for
18providing services to the juvenile.
SB804,77,1121
938.357
(4) (a) When the juvenile is placed with the department
of corrections,
22that, the department may, after an examination under s. 938.50, place the juvenile
23in a juvenile correctional facility or a secured residential care center for children and
24youth or on community supervision or aftercare supervision, either immediately or
25after a period of placement in a juvenile correctional facility or a secured residential
1care center for children and youth. The department
of corrections shall send written
2notice of the change in placement to the parent, guardian, legal custodian, county
3department designated under s. 938.34 (4n), if any, and committing court. If the
4department
of corrections places a juvenile in a Type 2 juvenile correctional facility
5operated by a child welfare agency,
that the department shall reimburse the child
6welfare agency at the rate established under s. 49.343 that is applicable to the type
7of placement that the child welfare agency is providing for the juvenile. A juvenile
8who is placed in a Type 2 juvenile correctional facility or a secured residential care
9center for children and youth remains under the supervision of the department
of
10corrections, remains subject to the rules and discipline of
that the department, and
11is considered to be in custody, as defined in s. 946.42 (1) (a).
SB804,77,2014
938.357
(4) (b) 1. If a juvenile whom the department
of corrections has placed
15in a Type 2 juvenile correctional facility operated by a child welfare agency violates
16a condition of his or her placement in the Type 2 juvenile correctional facility, the
17child welfare agency operating the Type 2 juvenile correctional facility shall notify
18the department
of corrections and
that the department, after consulting with the
19child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility
20under the supervision of the department, without a hearing under sub. (1) (am) 2.
SB804,78,1423
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
24care center for children and youth under s. 938.34 (4d) violates a condition of his or
25her placement in the Type 2 residential care center for children and youth, the child
1welfare agency operating the Type 2 residential care center for children and youth
2shall notify the county department that has supervision over the juvenile and, if the
3county department agrees to a change in placement under this subdivision, the child
4welfare agency shall notify the department
of corrections, and
that the department,
5after consulting with the child welfare agency, may place the juvenile in a Type 1
6juvenile correctional facility under the supervision of the department
of corrections,
7without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is
8placed in a Type 1 juvenile correctional facility under this subdivision, the county
9department that has supervision over the juvenile shall reimburse the child welfare
10agency operating the Type 2 residential care center for children and youth in which
11the juvenile was placed at the rate established under s. 49.343, and that child welfare
12agency shall reimburse the department
of corrections at the rate specified in s.
13301.26 938.526 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's
14care while placed in a Type 1 juvenile correctional facility.
SB804,78,1817
938.357
(4) (b) 4. A juvenile may seek review of a decision of the department
18of corrections under subd. 1. or 2. only by the common law writ of certiorari.
SB804,79,421
938.357
(4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
22operated by a child welfare agency under par. (a) and it appears that a less restrictive
23placement would be appropriate for the juvenile, the department
of corrections, after
24consulting with the child welfare agency that is operating the Type 2 juvenile
25correctional facility, may place the juvenile in a less restrictive placement, and may
1return the juvenile to the Type 2 juvenile correctional facility without a hearing
2under sub. (1) (am) 2. The rate for each type of placement shall be established by the
3department
of children and families, in consultation with the department of
4corrections, in the manner provided in s. 49.343.
SB804,79,197
938.357
(4) (c) 2. If a juvenile is placed in a Type 2 residential care center for
8children and youth under s. 938.34 (4d) and it appears that a less restrictive
9placement would be appropriate for the juvenile, the child welfare agency operating
10the Type 2 residential care center for children and youth shall notify the county
11department that has supervision over the juvenile and, if the county department
12agrees to a change in placement under this subdivision, the child welfare agency may
13place the juvenile in a less restrictive placement. A child welfare agency may also,
14with the agreement of the county department that has supervision over a juvenile
15who is placed in a less restrictive placement under this subdivision, return the
16juvenile to the Type 2 residential care center for children and youth without a
17hearing under sub. (1) (am) 2. The rate for each type of placement shall be
18established by the department
of children and families, in consultation with the
19department of corrections, in the manner provided in s. 49.343.
SB804,79,2422
938.357
(4) (c) 4. A juvenile may seek review of a decision of the department
23of corrections or county department under subd. 1. or 2. only by the common law writ
24of certiorari.
SB804,80,123
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
4is placed in a juvenile correctional facility or a secured residential care center for
5children and youth, or within 30 days after the date on which the department
of
6corrections requests the community supervision or aftercare plan, whichever is
7earlier, the community supervision or aftercare provider designated under s. 938.34
8(4n) shall prepare a community supervision or aftercare plan for the juvenile. If the
9juvenile is to be placed on aftercare supervision, the county department designated
10as the aftercare provider shall submit the aftercare plan to the department
of
11corrections within the applicable period specified in this paragraph, unless the
12department
of corrections waives the period under par. (b).
SB804,80,2315
938.357
(4g) (b) The department
of corrections may waive the period within
16which a community supervision plan or aftercare plan must be prepared and
17submitted under par. (a) if
that the department anticipates that the juvenile will
18remain in the juvenile correctional facility or secured residential care center for
19children and youth for a period exceeding 8 months or if the juvenile is subject to s.
20938.183. If the department
of corrections waives that period, the designated
21community supervision or aftercare provider shall prepare the community
22supervision or aftercare plan within 30 days after the date on which the department
23of corrections requests the community supervision or aftercare plan.
SB804,81,4
1938.357
(4m) Release to community supervision or aftercare supervision. 2The department
of corrections shall try to release a juvenile to community
3supervision or aftercare supervision under sub. (4) within 30 days after the date on
4which
that the department determines the juvenile is eligible for the release.
SB804,81,137
938.357
(5) (a) If a juvenile has been placed on community supervision, the
8department
of corrections may revoke the community supervision status of that
9juvenile as provided in this subsection. If a juvenile has been placed on aftercare
10supervision, the county department that has been designated as a juvenile's
11aftercare provider may revoke the aftercare status of that juvenile as provided in this
12subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
13required.
SB804,81,2116
938.357
(5) (g) The department
of corrections shall promulgate rules setting
17standards to be used by a hearing examiner to determine whether to revoke a
18juvenile's community supervision or aftercare status. The standards shall specify
19that the burden is on the department
of corrections or county department seeking
20revocation to show by a preponderance of the evidence that the juvenile violated a
21condition of community supervision or aftercare supervision.
SB804,82,1124
938.357
(5m) (a) If a proposed change in placement would change a juvenile's
25placement from a placement in the juvenile's home to a placement outside the
1juvenile's home, the court shall order the juvenile's parent to provide a statement of
2the income, assets, debts, and living expenses of the juvenile and the juvenile's
3parent to the court or the person or agency primarily responsible for implementing
4the dispositional order by a date specified by the court. The clerk of court shall
5provide, without charge, to any parent ordered to provide that statement a document
6setting forth the percentage standard established by the department
of children and
7families under s. 49.22 (9) and the manner of its application established by the
8department
of corrections under s.
301.12 49.345 (14) (g) and listing the factors under
9s.
301.12 49.345 (14) (c). If the juvenile is placed outside the juvenile's home, the
10court shall determine the liability of the parent in the manner provided in s.
301.12 1149.345 (14).
SB804,263
12Section
263. 938.36 (1) (a) of the statutes, as affected by 2015 Wisconsin Act
13.... (Senate Bill 387), is amended to read:
SB804,83,314
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
15court otherwise designates an alternative placement for the juvenile by a consent
16decree under s. 938.32, a disposition made under s. 938.183, 938.34, or 938.345, or
17a change in placement under s. 938.357, the duty of the parent or guardian to provide
18support shall continue even though the legal custodian or the placement designee
19may provide the support. A copy of the order transferring custody or designating
20alternative placement for the juvenile shall be submitted to the agency or person
21receiving custody or placement and the agency or person may apply to the court for
22an order to compel the parent or guardian to provide the support. Support payments
23for residential services, when purchased or otherwise funded or provided by the
24department
of corrections, or a county department under s. 46.215, 46.22 or 46.23,
25shall be determined under s.
301.12 49.345 (14). Support payments for residential
1services, when purchased or otherwise funded by the department of health services,
2or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10
3(14).
SB804,264
4Section
264. 938.36 (2) of the statutes is amended to read:
SB804,83,125
938.36
(2) Services or treatment; county payment; parental contribution. If
6a juvenile whose legal custody has not been taken from a parent or guardian is given
7educational and social services, or medical, psychological, or psychiatric treatment
8by order of the court, the court may order the county to pay for those services or
9treatment. This section does not prevent recovery of reasonable contribution toward
10the costs from the parent or guardian of the juvenile as the court may order based
11on the ability of the parent or guardian to pay. This subsection is subject to s.
301.03
12(18) 49.32 (1).
SB804,83,2415
938.363
(1) (c) If the proposed revision is for a change in the amount of child
16support to be paid by a parent, the court shall order the juvenile's parent to provide
17a statement of the income, assets, debts, and living expenses of the juvenile and the
18juvenile's parent to the court and the person or agency primarily responsible for
19implementing the dispositional order by a date specified by the court. The clerk of
20court shall provide, without charge, to any parent ordered to provide that statement
21a document setting forth the percentage standard established by the department
of
22children and families under s. 49.22 (9) and the manner of its application established
23by the department
of corrections under s.
301.12 49.345 (14) (g) and listing the factors
24under s.
301.12 49.345 (14) (c).
SB804,266
25Section
266. 938.363 (2) of the statutes is amended to read:
SB804,84,5
1938.363
(2) Revision of support. If the court revises the amount of child
2support to be paid by a parent under the dispositional order for the care and
3maintenance of the parent's juvenile who has been placed by a court order under this
4chapter in a residential, nonmedical facility, the court shall determine the liability
5of the parent under s.
301.12 49.345 (14).
SB804,84,98
938.38
(1) (a) "Agency" means the department of children and families,
the
9department of corrections, a county department, or a licensed child welfare agency.
SB804,84,1912
938.396
(2g) (b) 1. Upon request of the department
of corrections, the
13department of children and families, or a federal agency to review court records for
14the purpose of monitoring and conducting periodic evaluations of activities as
15required by and implemented under
45 CFR 1355,
1356, and
1357, the court shall
16open those records for inspection and copying by authorized representatives of the
17requester. Those representatives shall keep those records confidential and may use
18and further disclose those records only for the purpose for which those records were
19requested.
SB804,271
24Section
271. 938.48 (3) of the statutes is renumbered 938.485 (7).
SB804,272
25Section
272. 938.48 (4) of the statutes is renumbered 938.485 (8).
SB804,273
1Section
273. 938.48 (4m) of the statutes is renumbered 938.485 (9).
SB804,274
2Section
274. 938.48 (5) of the statutes is renumbered 938.485 (11).
SB804,275
3Section
275. 938.48 (6) of the statutes is renumbered 938.485 (12).
SB804,277
6Section
277. 938.48 (14) of the statutes is renumbered 938.485 (14) and
7amended to read:
SB804,85,158
938.485
(14) School-related expenses for juveniles over 17. Pay
9maintenance, tuition, and related expenses from the appropriation under s.
20.410
10(3) 20.437 (4) (ho) for persons who, when they attained 17 years of age, were students
11regularly attending a school, college, or university or regularly attending a course of
12vocational or technical training designed to prepare them for gainful employment,
13and who upon attaining that age were under the supervision of the department
14under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial
15decision.
SB804,86,220
938.485
(1) Enforcement of laws. Promote the enforcement of the laws
21relating to delinquent juveniles and juveniles in need of protection or services and
22take the initiative in all matters involving the interests of those juveniles when
23adequate provision for those matters is not made. This duty shall be discharged in
24cooperation with the courts,
the department of corrections, county departments,
1licensed child welfare agencies, parents, and other individuals interested in the
2welfare of juveniles.
SB804,86,125
938.485
(4) Reimbursement of tribes and counties for tribal delinquency
6placements. Reimburse Indian tribes and county departments, from the
7appropriation under s. 20.437
(1) (4) (kp), for unexpected or unusually high-cost
8out-of-home care placements of Indian juveniles who have been adjudicated
9delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home
10care placements" means the amount by which the cost to an Indian tribe or to a
11county department of out-of-home care placements of Indian juveniles who have
12been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.
SB804,86,1715
938.485
(5) Standards for services.
Establish Based on research into effective
16correctional programs and practices, establish and enforce standards for services
17under s. 938.183, 938.34, or 938.345
, other than juvenile correctional services.
SB804,282
18Section
282. 938.485 (10) (title) of the statutes is created to read:
SB804,86,1919
938.485
(10) (title)
Juveniles under department jurisdiction.
SB804,283
20Section
283. 938.485 (18) of the statutes is created to read:
SB804,86,2221
938.485
(18) Purchase of care and services. (a) Contract with public or
22voluntary agencies or others for the following purposes:
SB804,86,2523
1. To purchase in full or in part care and services that the department is
24authorized by any statute to provide as an alternative to providing that care and
25those services itself.
SB804,87,4
12. To purchase or provide in full or in part the care and services that county
2agencies may provide or purchase under any statute and to sell to county agencies
3such portions of that care and those services as the county agency may desire to
4purchase.
SB804,87,65
3. To sell services, under contract, that the department is authorized to provide
6by statute, to any federally recognized tribal governing body.
SB804,87,10
9938.49 (title)
Notification by court of placement with department of
10corrections; transfer of reports and records.
SB804,87,1913
938.49
(1) Notice to department of corrections of placement. When a court
14places a juvenile in a juvenile correctional facility or secured residential care center
15for children and youth under the supervision of the department
of corrections, the
16court shall immediately notify
that the department of that action. The court shall,
17in accordance with procedures established by the department
of corrections, provide
18transportation for the juvenile to a receiving center designated by
that the 19department or deliver the juvenile to personnel of
that the department.
SB804,87,2522
938.49
(2) Transfer of court report and pupil records. (intro.) When a court
23places a juvenile in a juvenile correctional facility or a secured residential care center
24for children and youth under the supervision of the department
of corrections, the
25court and all other public agencies shall immediately do all of the following:
SB804,88,53
938.49
(2) (a) Transfer to the department
of corrections a copy of the report
4submitted to the court under s. 938.33 or, if the report was presented orally, a
5transcript of the report and all other pertinent data in their possession.
SB804,88,21
8938.50 Examination of juveniles under supervision of department [of
9corrections]. The department
of corrections shall examine every juvenile who is
10placed under its supervision to determine the type of placement best suited to the
11juvenile and to the protection of the public. The examination shall include an
12investigation of the personal and family history of the juvenile and his or her
13environment, any physical or mental examinations necessary to determine the type
14of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a)
15to determine the appropriate level of supervision and services based on the juvenile's
16risks and needs. The department
of corrections shall screen a juvenile who is
17examined under this section to determine whether the juvenile is in need of special
18treatment or care because of alcohol or other drug abuse, mental illness, or severe
19emotional disturbance. In making the examination the department
of corrections 20may use any facilities, public or private, that offer assistance in determining the
21correct placement for the juvenile.
SB804,89,824
938.505
(1) Rights and duties of department of corrections or county
25department. When a juvenile is placed under the supervision of the department
of
1corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under
2the supervision of a county department under s. 938.34 (4n), the department
of
3corrections or county department, whichever has supervision over the juvenile, shall
4have the right and duty to protect, train, discipline, treat, and confine the juvenile
5and to provide food, shelter, legal services, education, and ordinary medical and
6dental care for the juvenile, subject to the rights, duties, and responsibilities of the
7guardian of the juvenile and subject to any residual parental rights and
8responsibilities and the provisions of any court order.
SB804,89,2411
938.505
(2) (a) (intro.) If a juvenile 14 years of age or older is under the
12supervision of the department
of corrections or a county department as described in
13sub. (1), is not residing in his or her home, and wishes to be administered
14psychotropic medication but a parent with legal custody or the guardian refuses to
15consent to the administration of psychotropic medication or cannot be found, or if
16there is no parent with legal custody, the department
of corrections or county
17department acting on the juvenile's behalf may petition the court assigned to
18exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile
19is located for permission to administer psychotropic medication to the juvenile. A
20copy of the petition and a notice of hearing shall be served upon the parent or
21guardian at his or her last-known address. If, after hearing, the court determines
22that all of the following apply, the court shall grant permission for the department
23of corrections or county department to administer psychotropic medication to the
24juvenile without the parent's or guardian's consent:
SB804,90,63
938.505
(2) (b) The court may, at the request of the department
of corrections 4or county department, temporarily approve the administration of psychotropic
5medication, for not more than 10 days after the date of the request, pending the
6hearing on the petition. The hearing shall be held within that 10-day period.
SB804,90,169
938.51
(1) Release from secured facility or supervision. (intro.) At least 15
10days prior to the date of release from a juvenile correctional facility or a secured
11residential care center for children and youth of a juvenile who has been adjudicated
12delinquent and at least 15 days prior to the release from the supervision of the
13department
of corrections or a county department of a juvenile who has been
14adjudicated delinquent, the department
of corrections or county department,
15whichever has supervision over the juvenile, shall make a reasonable attempt to do
16all of the following:
SB804,91,419
938.51
(1d) Release from nonsecured residential care center. (intro.) At
20least 15 days prior to the release from a nonsecured residential care center for
21children and youth of a juvenile who has either been adjudicated delinquent under
22s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services
23under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have
24committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and
25at least 15 days prior to the release from a nonsecured residential care center for
1children and youth of a juvenile who has been found to be in need of protection or
2services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department
of
3corrections or county department, whichever has supervision over the juvenile, shall
4notify all of the following persons of the juvenile's release: