AB465,208 5Section 208. 938.209 (1) (a) 1. of the statutes is amended to read:
AB465,57,76 938.209 (1) (a) 1. The jail meets the standards for juvenile detention facilities
7established by the department of corrections.
AB465,209 8Section 209. 938.209 (2m) (b) of the statutes is amended to read:
AB465,57,139 938.209 (2m) (b) The department of corrections shall promulgate rules
10establishing minimum requirements for the approval of a municipal lockup facility
11as a suitable place for holding juveniles in custody and for the operation of such a
12facility. The rules shall be designed to protect the health, safety, and welfare of the
13juveniles held in those facilities.
AB465,210 14Section 210. 938.22 (1) (a) of the statutes is amended to read:
AB465,57,2515 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a
16county may establish a juvenile detention facility in accordance with ss. 301.36 and
17301.37
938.226 and 938.227 or the county boards of supervisors for 2 or more counties
18may jointly establish a juvenile detention facility in accordance with ss. 46.20,
19301.36, and 301.37 938.226, and 938.227. The county board of supervisors of a county
20may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the
21county boards of supervisors for 2 or more counties may jointly establish a shelter
22care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may
23establish a juvenile detention facility in accordance with ss. 301.36 and 301.37
24938.226 and 938.227 and contract with one or more county boards of supervisors
25under s. 938.222 to hold juveniles in the private juvenile detention facility.
AB465,211
1Section 211. 938.22 (2) (a) of the statutes is amended to read:
AB465,58,122 938.22 (2) (a) Counties shall submit plans for a shelter care facility, juvenile
3detention facility, or juvenile portion of the county jail to the department of
4corrections and submit plans for a shelter care facility to the department of children
5and families
. A private entity that proposes to establish a juvenile detention facility
6shall submit plans for the facility to the department of corrections. The applicable
7department shall review the submitted plans. A county or a private entity may not
8implement a plan unless the applicable department has approved the plan. The
9department of corrections shall promulgate rules establishing minimum
10requirements for the approval and operation of juvenile detention facilities and the
11juvenile portion of county jails. The plans and rules shall be designed to protect the
12health, safety, and welfare of the juveniles placed in those facilities.
AB465,212 13Section 212. 938.22 (2) (b) of the statutes is amended to read:
AB465,58,2114 938.22 (2) (b) If the department of corrections approves, a juvenile detention
15facility or a holdover room may be located in a public building in which there is a jail
16or other facility for the detention of adults if the juvenile detention facility or
17holdover room is physically segregated from the jail or other facility so that juveniles
18may enter the juvenile detention facility or holdover room without passing through
19areas where adults are confined and juveniles detained in the juvenile detention
20facility or holdover room cannot communicate with or view adults confined in the jail
21or other facility.
AB465,213 22Section 213. 938.222 (2) (a) 1. of the statutes is amended to read:
AB465,59,223 938.222 (2) (a) 1. That the private juvenile detention facility meet or exceed the
24minimum requirements for the approval and operation of a juvenile detention
25facility established by the department of corrections by rule under s. 938.22 (2) (a)

1and that the private juvenile detention facility be approved by the department under
2s. 301.36 938.226.
AB465,214 3Section 214. 938.222 (2) (b) 3. of the statutes is amended to read:
AB465,59,64 938.222 (2) (b) 3. An agreement that the private juvenile detention facility is
5subject to investigation and inspection by the department of corrections under s.
6301.36 938.226.
AB465,215 7Section 215. 938.222 (2) (b) 4. of the statutes is amended to read:
AB465,59,108 938.222 (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.
AB465,216 11Section 216. 938.223 (2) (a) 1. of the statutes is amended to read:
AB465,59,1612 938.223 (2) (a) 1. That the Minnesota juvenile detention facility meet or exceed
13the minimum requirements for the approval and operation of a Wisconsin juvenile
14detention facility established by the department of corrections by rule under s.
15938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the
16department under s. 301.36 938.226.
AB465,217 17Section 217. 938.223 (2) (b) 3. of the statutes is amended to read:
AB465,59,2018 938.223 (2) (b) 3. An agreement that the Minnesota juvenile detention facility
19is subject to investigation and inspection by the department of corrections under s.
20301.36 938.226.
AB465,218 21Section 218. 938.223 (2) (b) 4. of the statutes is amended to read:
AB465,59,2422 938.223 (2) (b) 4. Any other matters that are necessary and appropriate
23concerning the obligations, responsibilities, and rights of the contracting counties
24and the department of corrections.
AB465,219 25Section 219. 938.224 (1) of the statutes is amended to read:
AB465,60,6
1938.224 (1) Uses of facilities. The county board of supervisors of a county may
2contract with the department of corrections for the use of a juvenile correctional
3facility operated by that the department for the holding of juveniles who meet the
4criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject
5to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355
6(6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
AB465,220 7Section 220. 938.224 (2) (a) 1. of the statutes is amended to read:
AB465,60,108 938.224 (2) (a) 1. There is no county-operated juvenile detention facility
9approved by the department of corrections within 40 miles of the county seat of the
10county.
AB465,221 11Section 221. 938.224 (2) (a) 2. of the statutes is amended to read:
AB465,60,1412 938.224 (2) (a) 2. There is no bed space available in a county-operated juvenile
13detention facility approved by the department of corrections within 40 miles of the
14county seat of the county.
AB465,222 15Section 222. 938.224 (2) (b) of the statutes is amended to read:
AB465,60,1916 938.224 (2) (b) That the county may use a juvenile correctional facility for
17holding a juvenile under sub. (1) only if the department of corrections approves that
18use based on the availability of beds in the juvenile correctional facility and on the
19programming needs of the juvenile.
AB465,223 20Section 223. 938.224 (3) (a) of the statutes is amended to read:
AB465,60,2421 938.224 (3) (a) The per person daily rate to be paid by the county for holding
22a juvenile under sub. (1) and the charges to be paid by the county for any
23extraordinary medical and dental expenses and any programming provided for the
24juvenile by the department of corrections.
AB465,224 25Section 224. 938.224 (3) (b) of the statutes is amended to read:
AB465,61,3
1938.224 (3) (b) Any other matters that are necessary and appropriate
2concerning the obligations, responsibilities, and rights of the contracting county and
3the department of corrections.
AB465,225 4Section 225. 938.224 (4) of the statutes is amended to read:
AB465,61,75 938.224 (4) Supervision and control of juveniles. A juvenile held in custody
6under sub. (1) is under the supervision and control of the department of corrections
7and is subject to the rules and discipline of that the department.
AB465,226 8Section 226. 938.225 of the statutes is amended to read:
AB465,61,13 9938.225 Statewide plan for juvenile detention facilities. The department
10of corrections shall assist counties in establishing juvenile detention facilities under
11s. 938.22 by developing and promulgating a statewide plan for the establishment and
12maintenance of suitable juvenile detention facilities reasonably accessible to each
13court.
AB465,227 14Section 227. 938.226 of the statutes is created to read:
AB465,61,19 15938.226 Secure juvenile facilities; general supervision and inspection
16by department.
(1) Generally. The department shall investigate and supervise
17all juvenile correctional facilities, all secured residential care centers for children
18and youth, and all juvenile detention facilities and familiarize itself with all the
19circumstances affecting their management and usefulness.
AB465,62,2 20(2) Inspections. The department shall inquire into the methods of treatment,
21instruction, government, and management of children placed in the facilities
22specified in sub. (1); the conduct of the trustees, managers, directors,
23superintendents, and other officers and employees of those facilities; the condition
24of the buildings, grounds, and all other property pertaining to those facilities; and
25all other matters pertaining to the usefulness and management of those facilities;

1and recommend to the officers in charge such changes and additional provisions as
2the department considers proper.
AB465,62,7 3(3) Frequency of inspections. The department shall inspect and investigate
4each facility specified in sub. (1) at least annually and, when directed by the governor,
5the department shall conduct a special investigation into such a facility's
6management, or anything connected with its management, and report to the
7governor the testimony taken, the facts found, and the conclusions drawn.
AB465,62,15 8(4) Enforcement by attorney general and district attorneys. Upon request
9of the department, the attorney general or the district attorney of the proper county
10shall aid in any investigation, inspection, hearing, or trial held under the provisions
11of this chapter relating to powers of the department, and shall institute and
12prosecute all necessary actions or proceedings for the enforcement of those
13provisions and for the punishment of violations of those provisions. The attorney
14general or district attorney so requested shall report or confer with the department
15regarding the request, within 30 days after the receipt of the request.
AB465,62,23 16(5) Opportunity to inspect. All trustees, managers, directors,
17superintendents, and other officers or employees of a facility specified in sub. (1)
18shall at all times afford to every member of the department and its agents
19unrestrained facility access for inspection of and free access to all parts of the
20buildings and grounds and to all books and papers of the facility, and shall give,
21either verbally or in writing, such information as the department requires. Any
22person who violates this subsection shall forfeit not less than $10 nor more than
23$100.
AB465,63,2 24(6) Testimonial power; expenses. The department or any person delegated by
25the department may administer oaths, take testimony, and cause depositions to be

1taken. All expenses of the investigations, including fees of officers and witnesses,
2shall be charged to the appropriation for the department.
AB465,63,5 3(7) Statistics to be furnished. Whenever the department is required to collect
4statistics relating to a facility specified in sub. (1), the facility shall furnish the
5required statistics on request.
AB465,228 6Section 228. 938.227 of the statutes is created to read:
AB465,63,10 7938.227 Juvenile detention facilities; establishment, approval,
8inspection.
(1) The department shall fix reasonable standards and regulations for
9the design, construction, repair, and maintenance of juvenile detention facilities,
10with respect to their adequacy and fitness for the needs that they are to serve.
AB465,63,14 11(2) The selection and purchase of the site, and the plans, specifications, and
12erection of buildings for juvenile detention facilities shall be subject to the review and
13approval of the department. Department review shall include review of the proposed
14program to be carried out by the juvenile detention facility.
AB465,63,23 15(3) Before any juvenile detention facility is occupied, and at least annually
16thereafter, the department shall inspect the juvenile detention facility, with respect
17to safety, sanitation, adequacy, and fitness, report to the authorities managing the
18juvenile detention facility any deficiency found, and order the necessary work to
19correct that deficiency. If within 6 months after the inspection the work is not
20commenced, or not completed within a reasonable period after commencement of the
21work, to the satisfaction of the department, the department shall suspend the
22allowance of state aid for, and prohibit the use of, the juvenile detention facility until
23the order is complied with.
AB465,229 24Section 229. 938.23 (1m) (a) of the statutes is amended to read:
AB465,64,9
1938.23 (1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in
2a juvenile detention facility shall be represented by counsel at all stages of the
3proceedings. A juvenile 15 years of age or older may waive counsel if the court is
4satisfied that the waiver is knowingly and voluntarily made and the court accepts
5the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile
6correctional facility or a secured residential care center for children and youth,
7transfer supervision of the juvenile to the department of corrections for participation
8in the serious juvenile offender program, or transfer jurisdiction over the juvenile to
9adult court.
AB465,230 10Section 230. 938.295 (2) (c) of the statutes is amended to read:
AB465,64,1811 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may
12recover a reasonable contribution toward that cost from the juvenile's parent or
13guardian, based on the ability of the parent or guardian to pay. If the examination
14is provided or otherwise funded by the county department under s. 46.215, 46.22, or
1546.23, the county department shall collect the contribution of the parent or guardian
16as provided in s. 301.03 (18) 49.32 (1). If the examination is provided or otherwise
17funded by the county department under s. 51.42 or 51.437, the county department
18shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).
AB465,231 19Section 231. 938.296 (6) of the statutes is amended to read:
AB465,64,2520 938.296 (6) Payment for test costs. The court may order the county to pay for
21the cost of a test or series of tests ordered under sub. (4) or (5). This subsection does
22not prevent recovery of reasonable contribution toward the cost of that test or series
23of tests from the parent or guardian of the juvenile as the court may order based on
24the ability of the parent or guardian to pay. This subsection is subject to s. 301.03
25(18)
49.32 (1).
AB465,232
1Section 232. 938.30 (6) (b) of the statutes is amended to read:
AB465,65,122 938.30 (6) (b) If it appears to the court that disposition of the case may include
3placement of the juvenile outside the juvenile's home, the court shall order the
4juvenile's parent to provide a statement of the income, assets, debts, and living
5expenses of the juvenile and the juvenile's parent to the court or the designated
6agency under s. 938.33 (1) at least 5 days before the scheduled date of the
7dispositional hearing or as otherwise ordered by the court. The clerk of court shall
8provide, without charge, to any parent ordered to provide that statement a document
9setting forth the percentage standard established by the department of children and
10families
under s. 49.22 (9) and the manner of its application established by the
11department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under
12s. 301.12 49.345 (14) (c).
AB465,233 13Section 233 . 938.31 (7) (b) of the statutes is amended to read:
AB465,65,2414 938.31 (7) (b) If it appears to the court that disposition of the case may include
15placement of the juvenile outside the juvenile's home, the court shall order the
16juvenile's parent to provide a statement of the income, assets, debts, and living
17expenses of the juvenile and the juvenile's parent, to the court or the designated
18agency under s. 938.33 (1) at least 5 days before the scheduled date of the
19dispositional hearing or as otherwise ordered by the court. The clerk of court shall
20provide, without charge, to any parent ordered to provide the statement a document
21setting forth the percentage standard established by the department of children and
22families
under s. 49.22 (9) and the manner of its application established by the
23department of corrections under s. 301.12 49.345 (14) (g) and listing the factors under
24s. 301.12 49.345 (14) (c).
AB465,234 25Section 234 . 938.33 (4m) (intro.) of the statutes is amended to read:
AB465,66,5
1938.33 (4m) Support recommendations; information to parents. (intro.) In
2making a recommendation for an amount of child support under sub. (3) or (4), the
3agency shall consider the factors under s. 301.12 49.345 (14) (c). At or before the
4dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent
5with all of the following:
AB465,235 6Section 235. 938.33 (4m) (b) of the statutes is amended to read:
AB465,66,87 938.33 (4m) (b) A written explanation of how the parent may request that the
8court modify the amount of child support under s. 301.12 49.345 (14) (c).
AB465,236 9Section 236. 938.34 (2) (a) of the statutes is amended to read:
AB465,66,1410 938.34 (2) (a) Place the juvenile under the supervision of an agency, the
11department of corrections, if that the department approves, or a suitable adult,
12including a friend of the juvenile, under conditions prescribed by the court, including
13reasonable rules for the juvenile's conduct, designed for the physical, mental, and
14moral well-being and behavior of the juvenile.
AB465,237 15Section 237. 938.34 (2) (b) of the statutes is amended to read:
AB465,66,2016 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the
17supervision of an agency or the department of corrections, order that agency or
18department to provide specified services to the juvenile and the juvenile's family,
19including individual, family, or group counseling, homemaker or parent aide
20services, respite care, housing assistance, child care, or parent skills training.
AB465,238 21Section 238. 938.34 (3) (f) (intro.) of the statutes is amended to read:
AB465,66,2522 938.34 (3) (f) (intro.) A juvenile detention facility or juvenile portion of a county
23jail that meets the standards promulgated by the department of corrections by rule,
24or in a place of nonsecure custody designated by the court, subject to all of the
25following:
AB465,239
1Section 239. 938.34 (4m) (intro.) of the statutes is amended to read:
AB465,67,42 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile
3correctional facility or a secured residential care center for children and youth under
4the supervision of the department of corrections if all of the following apply:
AB465,240 5Section 240. 938.34 (4n) (intro.) of the statutes, as affected by 2015 Wisconsin
6Act 55
, section 4655bm, is amended to read:
AB465,67,167 938.34 (4n) Community supervision or aftercare supervision. (intro.) In the
8case of a juvenile who has been placed in a juvenile correctional facility or a secured
9residential care center for children and youth, designate the department of
10corrections
to provide community supervision for the juvenile following the juvenile's
11release from that facility or center or, subject to any arrangement between the
12department of corrections and a county department regarding the provision of
13aftercare supervision for juveniles who have been released from a juvenile
14correctional facility or a secured residential care center for children and youth,
15designate one of the following to provide aftercare supervision for the juvenile
16following the juvenile's release from that facility or center:
AB465,241 17Section 241. 938.34 (6s) of the statutes is amended to read:
AB465,67,2118 938.34 (6s) Drug testing. If the report under s. 938.33 (1) indicates that the
19juvenile is in need of treatment for the use or abuse of controlled substances or
20controlled substance analogs, order the juvenile to submit to drug testing under a
21drug testing program that the department of corrections shall promulgate by rule.
AB465,242 22Section 242. 938.34 (8d) (c) of the statutes is amended to read:
AB465,68,223 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured
24residential care center for children and youth fails to pay the surcharge under par.
25(a), the department of corrections shall assess and collect the amount owed from the

1juvenile's wages or other moneys. Any amount collected shall be transmitted to the
2secretary of administration.
AB465,243 3Section 243. 938.355 (6) (d) 1. of the statutes, as affected by 2015 Wisconsin
4Act 55
, is amended to read:
AB465,68,175 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or
6juvenile portion of a county jail that meets the standards promulgated by the
7department of corrections by rule or in a place of nonsecure custody, for not more than
810 days and the provision of educational services consistent with his or her current
9course of study during the period of placement. The juvenile shall be given credit
10against the period of detention or nonsecure custody imposed under this subdivision
11for all time spent in secure detention in connection with the course of conduct for
12which the detention or nonsecure custody was imposed. If the court orders
13placement of the juvenile in a place of nonsecure custody under the supervision of
14the county department, the court shall order the juvenile into the placement and care
15responsibility of the county department as required under 42 USC 672 (a) (2) and
16shall assign the county department primary responsibility for providing services to
17the juvenile.
AB465,244 18Section 244. 938.355 (6d) (a) 1. of the statutes is amended to read:
AB465,69,319 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
202g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
21specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
22to provide or providing intake or dispositional services for the court under s. 938.067
23or 938.069 may, without a hearing, take the juvenile into custody and place the
24juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
25the standards promulgated by the department of corrections by rule or in a place of

1nonsecure custody designated by that person for not more than 72 hours while the
2alleged violation and the appropriateness of a sanction under sub. (6) are being
3investigated.
AB465,245 4Section 245. 938.355 (6d) (a) 2. of the statutes is amended to read:
AB465,69,205 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
62g., 2m., and 2r., if a juvenile who has been adjudged delinquent violates a condition
7specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized
8to provide or providing intake or dispositional services for the court under s. 938.067
9or 938.069 may, without a hearing, take the juvenile into custody and place the
10juvenile in a juvenile detention facility or juvenile portion of a county jail that meets
11the standards promulgated by the department of corrections by rule or in a place of
12nonsecure custody designated by that person for not more than 72 hours as a
13consequence of that violation. A person who takes a juvenile into custody under this
14subdivision shall permit the juvenile to make a written or oral statement concerning
15the possible placement of the juvenile and the course of conduct for which the
16juvenile was taken into custody. A person designated by the court or county
17department who is employed in a supervisory position by a person authorized to
18provide or providing intake or dispositional services under s. 938.067 or 938.069
19shall review that statement and either approve the placement, modify the terms of
20the placement, or order the juvenile to be released from custody.
AB465,246 21Section 246. 938.355 (6d) (b) 1. of the statutes is amended to read:
AB465,70,622 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
232g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of
24that supervision, the juvenile's caseworker or any other person authorized to provide
25or providing intake or dispositional services for the court under s. 938.067 or 938.069

1may, without a hearing, take the juvenile into custody and place the juvenile in a
2juvenile detention facility or juvenile portion of a county jail that meets the
3standards promulgated by the department of corrections by rule or in a place of
4nonsecure custody designated by that person for not more than 72 hours while the
5alleged violation and the appropriateness of revoking the juvenile's aftercare status
6are being investigated.
AB465,247 7Section 247. 938.355 (6d) (b) 2. of the statutes, as affected by 2015 Wisconsin
8Act 55
, section 4659bm, is amended to read:
AB465,70,249 938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds.
102g., 2m., and 2r., if a juvenile who is on aftercare supervision violates a condition of
11that supervision, the juvenile's caseworker or any other person authorized to provide
12or providing intake or dispositional services for the court under s. 938.067 or 938.069
13may, without a hearing, take the juvenile into custody and place the juvenile in a
14juvenile detention facility or juvenile portion of a county jail that meets the
15standards promulgated by the department of corrections by rule or in a place of
16nonsecure custody designated by that person for not more than 72 hours as a
17consequence of that violation. A person who takes a juvenile into custody under this
18subdivision shall permit the juvenile to make a written or oral statement concerning
19the possible placement of the juvenile and the course of conduct for which the
20juvenile was taken into custody. A person designated by the court or the county
21department who is employed in a supervisory position by a person authorized to
22provide or providing intake or dispositional services under s. 938.067 or 938.069
23shall review that statement and either approve the placement of the juvenile, modify
24the terms of the placement, or order the juvenile to be released from custody.
AB465,248 25Section 248. 938.355 (6m) (a) 1g. of the statutes is amended to read:
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