SB807,48 18Section 48. 938.357 (4) (a) of the statutes is renumbered 938.357 (4) (am) and
19amended to read:
SB807,21,1420 938.357 (4) (am) When the juvenile is placed with the department of
21corrections, that department may, after an examination under s. 938.50, place the
22juvenile in a juvenile correctional facility or a secured residential care center for
23children and youth or on community supervision or aftercare supervision, either
24immediately or after a period of placement in a juvenile correctional facility or a
25secured residential care center for children and youth. The department of

1corrections shall send written notice of the change in placement to the parent,
2guardian, legal custodian, county department designated under s. 938.34 (4n), if any,
3and committing court. If the department of corrections places a juvenile in a Type 2
4juvenile correctional facility operated by a child welfare agency, that department
5shall reimburse the child welfare agency at the rate established under s. 49.343 that
6is applicable to the type of placement that the child welfare agency is providing for
7the juvenile. If the department of corrections places a juvenile in a secured
8residential care center for children and youth under this paragraph, the department
9of corrections shall contract with the operating entity for the care and services
10provided under s. 301.08.
A juvenile who is placed in a Type 2 juvenile correctional
11facility or a secured residential care center for children and youth under this
12paragraph
remains under the supervision of the department of corrections, remains
13subject to the rules and discipline of that department, and is considered to be in
14custody, as defined in s. 946.42 (1) (a).
SB807,49 15Section 49. 938.357 (4) (ab) of the statutes is created to read:
SB807,21,1816 938.357 (4) (ab) In this subsection, “operating entity” means either the county
17department or the child welfare agency, whichever entity operates a secured
18residential care center for children and youth.
SB807,50 19Section 50 . 938.357 (4) (am) of the statutes, as affected by 2017 Wisconsin Act
20.... (this act), is amended to read:
SB807,22,1521 938.357 (4) (am) When the juvenile is placed with the department of
22corrections, that department may, after an examination under s. 938.50, place the
23juvenile in a juvenile correctional facility or a secured residential care center for
24children and youth or on community supervision or aftercare supervision, either
25immediately or after a period of placement in a juvenile correctional facility or a

1secured residential care center for children and youth. The department of
2corrections shall send written notice of the change in placement to the parent,
3guardian, legal custodian, county department designated under s. 938.34 (4n), if any,
4and committing court. If the department of corrections places a juvenile in a Type 2
5juvenile correctional facility operated by a child welfare agency, that department
6shall reimburse the child welfare agency at the rate established under s. 49.343 that
7is applicable to the type of placement that the child welfare agency is providing for
8the juvenile. If the department of corrections places a juvenile in a secured
9residential care center for children and youth under this paragraph, the department
10of corrections shall contract with the operating entity for the care and services
11provided under s. 301.09. A juvenile who is placed in a Type 2 juvenile correctional
12facility or a secured residential care center for children and youth under this
13paragraph remains under the supervision of the department of corrections, remains
14subject to the rules and discipline of that department, and is considered to be in
15custody, as defined in s. 946.42 (1) (a).
SB807,51 16Section 51. 938.357 (4) (b) 1. of the statutes is amended to read:
SB807,22,2417 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed
18in a Type 2 juvenile correctional facility operated by a child welfare agency violates
19a condition of his or her placement in the Type 2 juvenile correctional facility, the
20child welfare agency operating the Type 2 juvenile correctional facility shall notify
21the department of corrections and that department, after consulting with the child
22welfare agency, may place the juvenile in a Type 1 juvenile correctional facility or
23secured residential care center for children and youth
under the supervision of the
24department, without a hearing under sub. (1) (am) 2.
SB807,52 25Section 52. 938.357 (4) (b) 2. of the statutes is amended to read:
SB807,23,18
1938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential
2care center for children and youth under s. 938.34 (4d) violates a condition of his or
3her placement in the Type 2 residential care center for children and youth, the child
4welfare agency operating the Type 2 residential care center for children and youth
5shall notify the county department that has supervision over the juvenile and, if the
6county department agrees to a change in placement under this subdivision, the child
7welfare agency shall notify the department of corrections, and that
. The county
8department, after consulting with the child welfare agency, may place the juvenile
9in a Type 1 juvenile correctional facility under the supervision of the department of
10corrections
secured residential care center for children and youth, without a hearing
11under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1
12juvenile correctional facility under this subdivision, the county department that has
13supervision over the juvenile shall reimburse the child welfare agency operating the
14Type 2 residential care center for children and youth in which the juvenile was
15placed at the rate established under s. 49.343, and that child welfare agency shall
16reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2.
17or 3., whichever is applicable, for the cost of the juvenile's care while placed in a
18Type 1 juvenile correctional facility.
SB807,53 19Section 53. 938.357 (4) (b) 4. of the statutes is amended to read:
SB807,23,2220 938.357 (4) (b) 4. A juvenile may seek review of a decision of the department
21of corrections or the county department under subd. 1. or 2. only by the common law
22writ of certiorari.
SB807,54 23Section 54. 938.357 (4) (c) 1. of the statutes is amended to read:
SB807,24,724 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
25operated by a child welfare agency under par. (a) (am) and it appears that a less

1restrictive placement would be appropriate for the juvenile, the department of
2corrections, after consulting with the child welfare agency that is operating the
3Type 2 juvenile correctional facility, may place the juvenile in a less restrictive
4placement, and may return the juvenile to the Type 2 juvenile correctional facility
5without a hearing under sub. (1) (am) 2. The rate for each type of placement shall
6be established by the department of children and families, in consultation with the
7department of corrections, in the manner provided in s. 49.343.
SB807,55 8Section 55. 938.357 (4) (d) of the statutes is created to read:
SB807,25,29 938.357 (4) (d) 1. If a juvenile under the supervision of the department of
10corrections is placed in a secured residential care center for children and youth and
11the juvenile's behavior presents a serious problem for the juvenile or others in the
12secured residential care center for children and youth, the operating entity shall
13notify the department of corrections and the department of corrections, after
14consulting with the operating entity, may place the juvenile in a secured residential
15care center for children and youth that offers more appropriate care and services
16without a hearing under sub. (1) (am) 2. if the receiving operating entity agrees. The
17department of corrections shall send written notice of the change in placement to the
18parent, guardian, legal custodian, county department designated under s. 938.34
19(4n), if any, and committing court. If the department of corrections places a juvenile
20in a secured residential care center for children and youth under this subdivision, the
21department of corrections shall contract with the operating entity for the care and
22services provided under s. 301.08. A juvenile who is placed in a secured residential
23care center for children and youth under this subdivision remains under the
24supervision of the department of corrections, remains subject to the rules and

1discipline of that department, and is considered to be in custody, as defined in s.
2946.42 (1) (a).
SB807,25,193 2. If a juvenile under the supervision of a county department is placed in a
4secured residential care center for children and youth and the juvenile's behavior
5presents a serious problem for the juvenile or others in the secured residential care
6center for children and youth, the supervising county department, after consulting
7with the operating entity, may transfer the juvenile to a different secured residential
8care center for children and youth that offers more appropriate care and services
9without a hearing under sub. (1) (am) 2. if the receiving operating entity agrees. The
10supervising county department shall send written notice of the change in placement
11to the parent, guardian, legal custodian, county department designated under s.
12938.34 (4n), if any, and committing court. If a county department places a juvenile
13in a secured residential care center for children and youth under this subdivision, the
14county department shall contract with the operating entity for the care and services
15provided. If a county department places a juvenile in a secured residential care
16center for children and youth under this subdivision, the juvenile remains under the
17supervision of the placing county department, remains subject to the rules and
18discipline of that county department, and is considered to be in custody, as defined
19in s. 946.42 (1) (a).
SB807,25,2120 3. A juvenile may seek review of a decision by the department of corrections or
21county department under subd. 1. or 2. only by the common law writ of certiorari.
SB807,56 22Section 56. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act 55,
23section 4671bm, is amended to read:
SB807,26,424 938.357 (4m) Release to community supervision or aftercare supervision.
25The department of corrections shall try to release a juvenile to community

1supervision or and the county department shall try to release a juvenile to aftercare
2supervision under sub. (4) within 30 days after the date on which that the
3department of corrections or county department determines the juvenile is eligible
4for the release.
SB807,57 5Section 57. 938.48 (3) of the statutes is amended to read:
SB807,26,116 938.48 (3) Supervision and special treatment or care. Accept supervision over
7juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n),
8or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed
9by the court. Except as provided in s. 938.505 (2), a court may not direct the
10department to administer psychotropic medications to juveniles who receive special
11treatment or care under this subsection.
SB807,58 12Section 58 . 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act ....
13(this act), is amended to read:
SB807,26,1914 938.48 (3) Supervision and special treatment or care. Accept supervision over
15juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n),
16or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed
17by the court. Except as provided in s. 938.505 (2), a court may not direct the
18department to administer psychotropic medications to juveniles who receive special
19treatment or care under this subsection.
SB807,59 20Section 59. 938.48 (4) of the statutes is amended to read:
SB807,27,921 938.48 (4) Care, training, and placement. Provide appropriate care and
22training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
23(4n), or 938.357 (3) or (4), including serving those juveniles in their own homes,
24placing them in licensed foster homes or licensed group homes under s. 48.63 or in
25independent living situations as provided in s. 938.34 (3) (e), contracting for their

1care by licensed child welfare agencies, or replacing them in juvenile correctional
2facilities or secured residential care centers for children and youth in accordance
3with rules promulgated under ch. 227, except that the department may not purchase
4the educational component of private day treatment programs for a juvenile in its
5custody unless the department, the school board, as defined in s. 115.001 (7), and the
6state superintendent of public instruction all determine that an appropriate public
7education program is not available for the juvenile. Disputes between the
8department and the school district shall be resolved by the state superintendent of
9public instruction.
SB807,60 10Section 60 . 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act ....
11(this act), is amended to read:
SB807,27,2512 938.48 (4) Care, training, and placement. Provide appropriate care and
13training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or
14(4n), or 938.357 (3) or (4), including serving those juveniles in their own homes,
15placing them in licensed foster homes or licensed group homes under s. 48.63 or in
16independent living situations as provided in s. 938.34 (3) (e), contracting for their
17care by licensed child welfare agencies, or replacing them in juvenile correctional
18facilities or secured residential care centers for children and youth in accordance
19with rules promulgated under ch. 227, except that the department may not purchase
20the educational component of private day treatment programs for a juvenile in its
21custody unless the department, the school board, as defined in s. 115.001 (7), and the
22state superintendent of public instruction all determine that an appropriate public
23education program is not available for the juvenile. Disputes between the
24department and the school district shall be resolved by the state superintendent of
25public instruction.
SB807,61
1Section 61. 938.48 (4m) (b) of the statutes is amended to read:
SB807,28,32 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
3938.34 (4h), (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
SB807,62 4Section 62 . 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act
5.... (this act), is amended to read:
SB807,28,76 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
7938.34 (4h), (4m) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
SB807,63 8Section 63. 938.48 (5) of the statutes is amended to read:
SB807,28,129 938.48 (5) Moral and religious training. Provide for the moral and religious
10training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or
11(4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the
12juvenile's parents.
SB807,64 13Section 64 . 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act ....
14(this act), is amended to read:
SB807,28,1815 938.48 (5) Moral and religious training. Provide for the moral and religious
16training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or
17(4n), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the
18juvenile's parents.
SB807,65 19Section 65. 938.48 (6) of the statutes is amended to read:
SB807,28,2520 938.48 (6) Emergency surgery. Consent to emergency surgery under the
21direction of a licensed physician or surgeon for any juvenile under its supervision
22under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) upon notification by
23a licensed physician or surgeon of the need for the surgery and if reasonable effort,
24compatible with the nature and time limitation of the emergency, has been made to
25secure the consent of the juvenile's parent or guardian.
SB807,66
1Section 66 . 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act ....
2(this act), is amended to read:
SB807,29,83 938.48 (6) Emergency surgery. Consent to emergency surgery under the
4direction of a licensed physician or surgeon for any juvenile under its supervision
5under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) upon notification by
6a licensed physician or surgeon of the need for the surgery and if reasonable effort,
7compatible with the nature and time limitation of the emergency, has been made to
8secure the consent of the juvenile's parent or guardian.
SB807,67 9Section 67. 938.48 (14) of the statutes is amended to read:
SB807,29,1710 938.48 (14) School-related expenses for juveniles over 17. Pay
11maintenance, tuition, and related expenses from the appropriation under s. 20.410
12(3) (ho) for persons who, when they attained 17 years of age, were students regularly
13attending a school, college, or university or regularly attending a course of vocational
14or technical training designed to prepare them for gainful employment, and who
15upon attaining that age were under the supervision of the department under s.
16938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial
17decision.
SB807,68 18Section 68 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act ....
19(this act), is amended to read:
SB807,30,220 938.48 (14) School-related expenses for juveniles over 17. Pay
21maintenance, tuition, and related expenses from the appropriation under s. 20.410
22(3) (ho) for persons who, when they attained 17 years of age, were students regularly
23attending a school, college, or university or regularly attending a course of vocational
24or technical training designed to prepare them for gainful employment, and who
25upon attaining that age were under the supervision of the department under s.

1938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial
2decision.
SB807,69 3Section 69. 938.485 (5) of the statutes is renumbered 938.485 (5) (a) and
4amended to read:
SB807,30,75 938.485 (5) (a) Establish and enforce standards for services under s. 938.183,
6938.34, or 938.345, other than juvenile correctional services provided by the
7department of corrections
.
SB807,70 8Section 70. 938.485 (5) (b) and (c) of the statutes are created to read:
SB807,30,129 938.485 (5) (b) The standards established by the department under par. (a)
10shall include monthly and annual reporting requirements by counties on population
11data, performance measures including recidivism, costs, and other appropriate data
12for secured residential care centers for children and youth.
SB807,30,1613 (c) The department shall base the standards it establishes for services for
14juveniles in secured residential care centers for children and youth on the
15recommendations provided by the juvenile corrections study committee under
16section 90 (6) (c ) 1. of 2017 Wisconsin Act .... (this act).
SB807,71 17Section 71. 938.49 (title) of the statutes is amended to read:
SB807,30,20 18938.49 (title) Notification by court of placement with a county
19department or the
department of corrections; transfer of reports and
20records.
SB807,72 21Section 72. 938.49 (1) of the statutes is amended to read:
SB807,31,622 938.49 (1) Notice to county department or department of corrections of
23placement.
When a court places a juvenile in a juvenile correctional facility under
24the supervision of a county department or the department of corrections
or a secured
25residential care center for children and youth under the supervision of the

1department of corrections
a county department, the court shall immediately notify
2that the county department or the department of corrections of that action. The court
3shall, in accordance with procedures established by the department of corrections,
4provide transportation for the juvenile to a receiving center designated by that the
5county department or the
department of corrections or deliver the juvenile to
6personnel of that the county department or the department of corrections.
SB807,73 7Section 73. 938.49 (2) (intro.) of the statutes is amended to read:
SB807,31,128 938.49 (2) Transfer of court report and pupil records. (intro.) When a court
9places a juvenile in a juvenile correctional facility or a secured residential care center
10for children and youth under the supervision of the department of corrections or a
11county department
, the court and all other public agencies shall immediately do all
12of the following:
SB807,74 13Section 74. 938.49 (2) (a) of the statutes is amended to read:
SB807,31,1714 938.49 (2) (a) Transfer to the department of corrections or the county
15department
a copy of the report submitted to the court under s. 938.33 or, if the report
16was presented orally, a transcript of the report and all other pertinent data in their
17possession.
SB807,75 18Section 75. 938.505 (1) of the statutes is amended to read:
SB807,32,319 938.505 (1) Rights and duties of department of corrections or county
20department.
When a juvenile is placed under the supervision of the department of
21corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3), (4), or (5) (e) or
22under the supervision of a county department under s. 938.34 (4m) or (4n), the
23department of corrections or county department, whichever has supervision over the
24juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
25the juvenile and to provide food, shelter, legal services, education, and ordinary

1medical and dental care for the juvenile, subject to the rights, duties, and
2responsibilities of the guardian of the juvenile and subject to any residual parental
3rights and responsibilities and the provisions of any court order.
SB807,76 4Section 76 . 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act ....
5(this act), is amended to read:
SB807,32,156 938.505 (1) Rights and duties of department of corrections or county
7department.
When a juvenile is placed under the supervision of the department of
8corrections under s. 938.183, 938.34 (4h), (4m) or (4n), or 938.357 (3), (4), or (5) (e)
9or under the supervision of a county department under s. 938.34 (4m) or (4n), the
10department of corrections or county department, whichever has supervision over the
11juvenile, shall have the right and duty to protect, train, discipline, treat, and confine
12the juvenile and to provide food, shelter, legal services, education, and ordinary
13medical and dental care for the juvenile, subject to the rights, duties, and
14responsibilities of the guardian of the juvenile and subject to any residual parental
15rights and responsibilities and the provisions of any court order.
SB807,77 16Section 77. 938.52 (2) (a) and (c) of the statutes are amended to read:
SB807,33,217 938.52 (2) (a) In addition to facilities and services under sub. (1), the
18department of corrections may use other facilities and services under its jurisdiction.
19The department of corrections may contract for and pay for the use of other public
20facilities or private facilities for the care and treatment of juveniles in its care.
21Placement of a juvenile in a private or public facility that is not under the jurisdiction
22of the department of corrections does not terminate that department's supervision
23over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4).
24Placements in institutions for persons with a mental illness or development

1disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
2and ch. 51.
SB807,33,53 (c) The department of corrections may inspect any facility it is using and
4examine and consult with persons under its supervision under s. 938.183, 938.34
5(4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
SB807,78 6Section 78 . 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin
7Act .... (this act), are amended to read:
SB807,33,178 938.52 (2) (a) In addition to facilities and services under sub. (1), the
9department of corrections may use other facilities and services under its jurisdiction.
10The department of corrections may contract for and pay for the use of other public
11facilities or private facilities for the care and treatment of juveniles in its care.
12Placement of a juvenile in a private or public facility that is not under the jurisdiction
13of the department of corrections does not terminate that department's supervision
14over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4).
15Placements in institutions for persons with a mental illness or development
16disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
17and ch. 51.
SB807,33,2018 (c) The department of corrections may inspect any facility it is using and
19examine and consult with persons under its supervision under s. 938.183, 938.34
20(4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
SB807,79 21Section 79. 938.53 of the statutes is amended to read:
SB807,34,3 22938.53 Duration of control of department of corrections over
23delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
24who has been placed under the supervision of the department of corrections under
25s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon

1as that department determines that there is a reasonable probability that
2departmental supervision is no longer necessary for the rehabilitation and
3treatment of the juvenile or for the protection of the public.
SB807,80 4Section 80 . 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this
5act), is amended to read:
SB807,34,12 6938.53 Duration of control of department of corrections over
7delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
8who has been placed under the supervision of the department of corrections under
9s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon
10as that department determines that there is a reasonable probability that
11departmental supervision is no longer necessary for the rehabilitation and
12treatment of the juvenile or for the protection of the public.
SB807,81 13Section 81. 938.535 of the statutes is amended to read:
SB807,34,22 14938.535 Early release and intensive supervision program; limits. The
15department of corrections or a county department may establish a program for the
16early release and intensive supervision of juveniles who have been placed in a
17juvenile correctional facility or a secured residential care center for children and
18youth under s. 938.183 or, 938.34 (4m), or 938.357 (3). The program may not include
19any juveniles who have been placed in a juvenile correctional facility or a secured
20residential care center for children and youth as a result of a delinquent act involving
21the commission of a violent crime as defined in s. 969.035, but not including the crime
22specified in s. 948.02 (1).
SB807,82 23Section 82. 938.539 (2) of the statutes is amended to read:
SB807,35,424 938.539 (2) Type 2 juvenile correctional facility; department of corrections
25control.
A juvenile who is placed in a Type 2 juvenile correctional facility under s.

1938.357 (4) (a) (am) or who, having been so placed, is replaced in a less restrictive
2placement under s. 938.357 (4) (c) is under the supervision and control of the
3department of corrections, is subject to the rules and discipline of that department,
4and is considered to be in custody, as defined in s. 946.42 (1) (a).
SB807,83 5Section 83. 938.539 (3) of the statutes is amended to read:
SB807,35,156 938.539 (3) Violation of condition of placement. Notwithstanding ss. 938.19
7to 938.21, if a juvenile placed in a Type 2 residential care center for children and
8youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional
9facility under s. 938.357 (4) (a) (am) or (c) violates a condition of his or her placement
10in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional
11facility as provided in s. 938.357 (4) (b) 1. or in a secured residential care center for
12children and youth as provided in s. 938.357 (4) (b) 2
. This subsection does not
13preclude a juvenile who has violated a condition of the juvenile's placement in a Type
142 juvenile correctional facility or a Type 2 residential care center for children and
15youth from being taken into and held in custody under ss. 938.19 to 938.21.
SB807,84 16Section 84. 938.539 (4) of the statutes is amended to read:
SB807,35,2217 938.539 (4) Escape or absence. A juvenile placed in a Type 2 residential care
18center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
19juvenile correctional facility under s. 938.357 (4) (a) (am) or (c) who intentionally fails
20to remain within the extended limits of his or her placement or to return within the
21time prescribed by the administrator of the center or facility is considered an escape
22under s. 946.42 (3) (c).
SB807,85 23Section 85. 938.539 (5) of the statutes is amended to read:
SB807,36,924 938.539 (5) Operation as Type 2 placement. With respect to a juvenile who is
25placed in a secured residential care center for children and youth under s. 938.34 (4d)

1or 938.357 (4) (a) (am) or in a less restrictive placement under s. 938.357 (4) (c), the
2child welfare agency operating the center in which the juvenile is placed, and the
3person operating any less restrictive placement in which the juvenile is placed, shall
4operate that center or less restrictive placement as a Type 2 residential care center
5for children and youth or a Type 2 juvenile correctional facility. This subsection does
6not preclude a child welfare agency or other person from placing in a residential care
7center for children and youth or less restrictive placement in which a juvenile is
8placed under s. 938.34 (4d) or 938.357 (4) (a) (am) or (c) a juvenile who is not placed
9under s. 938.34 (4d) or 938.357 (4) (a) (am) or (c).
SB807,86 10Section 86. 938.54 of the statutes is amended to read:
SB807,36,17 11938.54 Records. The department of corrections shall keep a complete record
12on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or
13938.357 (3) or (4). This record shall include the information received from the court,
14the date of reception, all available data on the personal and family history of the
15juvenile, the results of all tests and examinations given the juvenile, and a complete
16history of all placements of the juvenile while under the supervision of the
17department of corrections.
SB807,87 18Section 87 . 938.54 of the statutes, as affected by 2017 Wisconsin Act .... (this
19act), is amended to read:
SB807,37,2 20938.54 Records. The department of corrections shall keep a complete record
21on each juvenile under its supervision under s. 938.183, 938.34 (4h) , (4m), or (4n) or
22938.357 (3) or (4). This record shall include the information received from the court,
23the date of reception, all available data on the personal and family history of the
24juvenile, the results of all tests and examinations given the juvenile, and a complete

1history of all placements of the juvenile while under the supervision of the
2department of corrections.
SB807,88 3Section 88. 938.59 (1) of the statutes is amended to read:
SB807,37,164 938.59 (1) Investigation and examination. The county department shall
5investigate the personal and family history and environment of any juvenile
6transferred to its legal custody or placed under its supervision under s. 938.34 (2),
7(4d), (4m), or (4n) and make any physical or mental examinations of the juvenile
8considered necessary to determine the type of care necessary for the juvenile. The
9county department shall screen a juvenile who is examined to determine whether the
10juvenile is in need of special treatment or care because of alcohol or other drug abuse,
11mental illness, or severe emotional disturbance. The county department shall keep
12a complete record of the information received from the court, the date of reception,
13all available data on the personal and family history of the juvenile, the results of all
14tests and examinations given the juvenile, and a complete history of all placements
15of the juvenile while in the legal custody or under the supervision of the county
16department.
SB807,89 17Section 89. 938.595 of the statutes is amended to read:
SB807,37,23 18938.595 Duration of control of county departments over delinquents.
19A juvenile who has been adjudged delinquent and placed under the supervision of
20a county department under s. 938.34 (2), (4d) , (4m), or (4n) shall be discharged as
21soon as the county department determines that there is a reasonable probability that
22it is no longer necessary either for the rehabilitation and treatment of the juvenile
23or for the protection of the public that the county department retain supervision.
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