938.48(6)
(6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.
938.48(13)
(13) Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to aftercare supervision.
938.48(14)
(14) Pay maintenance, tuition and related expenses from the appropriation under
s. 20.410 (3) (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) as a result of a judicial decision.
938.48 History
History: 1995 a. 77;
1997 a. 27.
938.49
938.49
Notification by court of placement with department; information for department. 938.49(1)
(1) When the court places a juvenile in a secured correctional facility or secured child caring institution under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the juvenile to a receiving center designated by the department or deliver the juvenile to personnel of the department.
938.49(2)
(2) When the court places a juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department, the court and all other public agencies shall also immediately transfer to the department a copy of the report submitted to the court under
s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify the juvenile's last school district in writing of its obligation under
s. 118.125 (4).
938.49 History
History: 1995 a. 77.
938.50
938.50
Examination of juveniles under supervision of department. 938.50(1)(1) The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the juvenile and the evaluation under
s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A juvenile who is examined under this subsection shall be screened to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.
938.50(2)
(2) In making this examination the department may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the juvenile.
938.50 History
History: 1995 a. 77.
938.505
938.505
Juveniles placed under correctional supervision. 938.505(1)(1) When a juvenile is placed under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) or
(5) (e) or under the supervision of a county department under
s. 938.34 (4n), the department or county department having supervision over the juvenile shall have the right and duty to protect, train, discipline, treat and confine the juvenile and to provide food, shelter, legal services, education and ordinary medical and dental care for the juvenile, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.505(2)(a)(a) If a juvenile 14 years of age or over who is under the supervision of the department or a county department as described in
sub. (1) and who is not residing in his or her home wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines all of the following, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:
938.505(2)(a)1.
1. That the parent's or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
938.505(2)(a)2.
2. That the juvenile is 14 years of age or over and is competent to consent to the administration of psychotropic medication and that the juvenile voluntarily consents to the administration of psychotropic medication.
938.505(2)(a)3.
3. Based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.
938.505(2)(b)
(b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition, which shall be held within those 10 days.
938.505 History
History: 1995 a. 77.
938.51
938.51
Notification of release or escape of juvenile from correctional custody or supervision. 938.51(1)
(1) At least 15 days prior to the date of release from a secured correctional facility or a secured child caring institution of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:
938.51 Note
NOTE: Sub. (1) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
938.51(1)(a)
(a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile's return to the community:
938.51(1)(b)
(b) Subject to
pars. (c) and
(cm), notify any known victim of the act for which the juvenile has been found delinquent of the juvenile's release, if all of the following apply:
938.51(1)(b)3.
3. The victim has sent in a request card under
sub. (2) or, if the victim was under 18 years of age when his or her parent sent in a request card under
sub. (2), the parent or guardian authorized on the request card direct notification of the victim after the victim attains 18 years of age.
938.51(1)(c)
(c) Subject to
par. (cm), notify [an adult] relative of the victim [of the juvenile's release] if all of the following apply:
938.51 Note
NOTE: Par. (c) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was deleted by
1997 Wis. Act 181, but is required to give effect to the treatment by
1997 Wis. Act 207. Corrective legislation is pending.
938.51(1)(c)1.
1. The victim died as a result of the juvenile's delinquent act.
938.51(1)(cm)
(cm) Notify the victim's parent or legal guardian of the juvenile's release if all of the following apply:
938.51(1)(cm)3.
3. The parent or legal guardian has sent in a request card under
sub. (2).
938.51(1)(d)
(d) Notify any witness who testified against the juvenile in any court proceeding involving the delinquent act of the juvenile's release if all of the following apply:
938.51(1d)
(1d) At least 15 days prior to the release from a nonsecured child caring institution of a juvenile who has either been adjudicated delinquent under s.
48.12, 1993 stats., or s.
938.12 or been found to be in need of protection or services under s.
48.13 (12), 1993 stats., or
s. 938.13 (12) and who has been found to have committed a violation of
ch. 940 or of
s. 948.02,
948.025 or
948.03, and at least 15 days prior to the release from a nonsecured child caring institution of a juvenile who has been found to be in need of protection or services under s.
48.13 (14), 1993 stats., or
s. 938.13 (14), the department or county department having supervision over the juvenile shall notify all of the following persons of the juvenile's release:
938.51(1d)(a)
(a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (b) are met; an adult relative of the victim, if the criteria under
sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under
sub. (1) (cm) are met.
938.51(1d)(b)
(b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (d) are met.
938.51(1g)
(1g) At least 15 days prior to the release from an inpatient facility, as defined in
s. 51.01 (10), of a juvenile who has been found to be in need of protection or services under s.
48.13 (14), 1993 stats., or
s. 938.13 (14), the county department having supervision over the juvenile shall notify all of the following persons of the juvenile's release:
938.51(1g)(a)
(a) Any known victim of the act for which the juvenile was found to be in need of protection or services, if the criteria under
sub. (1) (b) are met; an adult relative of the victim, if the criteria under
sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under
sub. (1) (cm) are met.
938.51(1g)(b)
(b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found to be in need of protection or services, if the criteria under
sub. (1) (d) are met.
938.51(1m)
(1m) The department or county department having supervision over a juvenile described in
sub. (1) shall determine the local agencies that it will notify under
sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility [or], from a secured child caring institution or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.
938.51 Note
NOTE: Sub. (1m) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1997 Wis. Act 207 but was rendered surplusage by the treatment by
1997 Wis. Act 181. Corrective legislation is pending.
938.51(1r)
(1r) The notification under
sub. (1),
(1d) or
(1g) shall include only the juvenile's name, the date of the juvenile's release and the type of placement to which the juvenile is released.
938.51(2)
(2) The department shall design and prepare cards for any person specified in
sub. (1) (b),
(c) ,
(cm) or
(d) to send to the department or county department having supervision over a juvenile described in
sub. (1),
(1d) or
(1g). The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable juvenile and any other information that the department determines is necessary. The cards shall also advise a victim who is under 18 years of age that he or she may complete a card requesting notification under
sub. (1) (b),
(1d) or
(1g) if the notification occurs after the victim attains 18 years of age and advising the parent or guardian of a victim who is under 18 years of age that the parent or guardian may authorize on the card direct notification of the victim under
sub. (1) (b),
(1d) or
(1g) if the notification occurs after the victim attains 18 years of age. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
sub. (1) (b) to
(d). These persons may send completed cards to the department or county department having supervision over the juvenile. All department and county department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
938.51 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
938.51(3)
(3) Timely release of a juvenile specified in
sub. (1),
(1d) or
(1g) shall not be prejudiced by the fact that the department or county department having supervision over the juvenile did not provide notification as required under
sub. (1),
(1d) or
(1g), whichever is applicable.
938.51(4)
(4) If a juvenile described in
sub. (1),
(1d) or
(1g) escapes from a secured correctional facility, child caring institution, inpatient facility, secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified period of time and is absent from the facility, institution or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:
938.51 Note
NOTE: Sub. (4) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
938.51(4)(a)
(a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (b) are met [; an adult] relative of the victim[, if the criteria under
sub. (1)] (c) [are met; or the victim's parent or guardian, if the criteria under
sub. (1)] (cm) [are met].
938.51 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was deleted by
1997 Wis. Act 181, but is required to give effect to the treatment by
1997 Wis. Act 207. Corrective legislation is pending.
938.51(4)(b)
(b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (d) are met.
938.51 History
History: 1995 a. 77,
352;
1997 a. 181,
207; s. 13.93 (2) (c).
938.52
938.52
Facilities for care of juveniles in care of department. 938.52(1)(1)
Facilities maintained or used for juveniles. The department may maintain or use the following facilities for juveniles in its care:
938.52(1)(a)
(a) Receiving homes to be used for the temporary care of juveniles.
938.52(1)(d)
(d) Institutions, facilities and services, including without limitation forestry or conservation camps for the training and treatment of juveniles 10 years of age or older who have been adjudged delinquent.
938.52(1)(f)
(f) Other facilities deemed by the department to be appropriate for the juvenile, except that no state funds may be used for the maintenance of a juvenile in the home of a parent or relative eligible for aid under
s. 49.19 if such funds would reduce federal funds to this state.
938.52(2)(a)(a) In addition to the facilities and services described in
sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care; but placement of juveniles in private or public facilities not under its jurisdiction does not terminate the supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) of the department. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with
ss. 48.14 (5),
48.63 and
938.34 (6) (am) and
ch. 51.
938.52(2)(b)
(b) Public facilities are required to accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department inconsistently with its functions or with the laws and regulations governing their activities; or to give the department authority to use any private facility without its consent.
938.52(2)(c)
(c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) who have been placed in that facility.
938.52(4)
(4) Coeducational programs and institutions. The department may institute and maintain coeducational programs and institutions under this chapter.
938.52 History
History: 1995 a. 77.
938.53
938.53
Duration of control of department over delinquents. Except as provided under
ss. 48.366 and
938.183, all juveniles adjudged delinquent who have been placed under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) shall be discharged as soon as the department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the department retain supervision.
938.53 History
History: 1995 a. 77;
1997 a. 27.
938.532
938.532
Juvenile boot camp program. 938.532(2)
(2) Program eligibility. The department may place in the juvenile boot camp program any juvenile who has been placed under the supervision of the department under
s. 938.183,
938.34 (4h) or
(4m) or
938.357 (4).
938.532(3)
(3) Aftercare supervision. Notwithstanding
s. 938.34 (4n), a juvenile who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department.
938.532 History
History: 1995 a. 77.
938.533
938.533
Corrective sanctions. 938.533(2)
(2)
Corrective sanctions program. From the appropriation under
s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99, or an average daily population of more than 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99 if the appropriation under
s. 20.410 (3) (hr) is supplemented under
s. 13.101 or
16.515 and the positions for the program are increased under
s. 13.101 or
16.505 (2) or if funding and positions to serve more than those average daily populations are otherwise available, in not less than 3 counties, including Milwaukee County. The office of juvenile offender review in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under
s. 938.183,
938.34 (4h) or
(4m) or
938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.
938.533(3)(a)(a) A participant in the corrective sanctions program remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in
s. 946.42 (1) (a). Notwithstanding
ss. 938.19 to
938.21, if a juvenile violates a condition of that juvenile's participation in the corrective sanctions program the department may, without a hearing, take the juvenile into custody and place the juvenile in a secured detention facility or return the juvenile to placement in a Type 1 secured correctional facility or a secured child caring institution.
938.533(3)(b)
(b) The department shall operate the corrective sanctions program as a Type 2 secured correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 secured correctional facility. The Type 2 secured correctional facility is subject to
s. 301.02. Construction or establishment of a Type 2 secured correctional facility shall be in compliance with all state laws except
s. 32.035 and
ch. 91. In addition to the exemptions under
s. 13.48 (13), construction or establishment of a Type 2 secured correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under
ch. 91, of the county and city, village or town in which the construction or establishment takes place and is exempt from the investigations permitted under
s. 46.22 (1) (c) 1. b.
938.533(3m)
(3m) Escape. If a juvenile runs away from the juvenile's placement in the community while participating in the corrective sanctions program, that juvenile is considered to have escaped in violation of
s. 946.42 (3) (c).
938.533 History
History: 1995 a. 77;
1997 a. 27,
35,
252.
