938.538 Note
NOTE: The provisions of subd. 1m. that subject a juvenile to placement in an adult (Type 1) prison were held to violate Article I, s. 7 of the Wisconsin Constitution and the 6th and 14th amendments of the U. S. Constitution and to be severed from the remainder of ch. 938 by the Supreme Court in State of Wisconsin v. Hezzie R. 219 W (2d) 849, 580 NW (2d) 660 (1998).
938.538(3)(a)1p.
1p. Alternate care, including placement in a foster home, treatment foster home, group home, child caring institution or secured child caring institution.
938.538(3)(a)2.
2. Intensive or other field supervision, including corrective sanctions supervision under
s. 938.533, aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under
s. 301.048.
938.538(3)(a)4.
4. Alcohol or other drug abuse outpatient treatment and services.
938.538(3)(b)
(b) The department may provide the sanctions under
par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding
ss. 938.357,
938.363 and
938.533 (3), a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.
938.538(4)(a)(a) A participant in the serious juvenile offender program is under the supervision and control of the department, is subject to the rules and discipline of the 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 participant violates a condition of his or her participation in the program under
sub. (3) (a) 2. to
9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in
s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under
s. 946.42 (3) (c).
938.538(4)(b)
(b) The department shall operate the component phases of the program specified in
sub. (3) (a) 2. to
9. as a Type 2 secured correctional facility. The secretary of corrections 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 inspections required under
s. 301.36.
938.538(5)(a)(a) The office of juvenile offender review in the division of juvenile corrections in the department may release a participant to aftercare supervision under
s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare supervision of the participant shall be provided by the department.
938.538(5)(b)
(b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after the participant has completed 3 years of participation in the serious juvenile offender program.
938.538(5)(c)
(c) Sections 938.357 and
938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that
s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in
s. 302.01.
938.538(6)
(6) Purchase of services. The department of corrections may contract with the department of health and family services, a county department or any public or private agency for the purchase of goods, care and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under
s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined
s. 301.01 (5), or is under intensive sanctions supervision under
s. 301.048, from the appropriate appropriation under
s. 20.410 (1).
938.538(6m)(a)1.
1. "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.
938.538(6m)(a)2.
2. "Black" means a person whose ancestors originated in any of the black racial groups of Africa.
938.538(6m)(a)3.
3. "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.
938.538(6m)(a)4.
4. "Minority group member" means a Black, a Hispanic or an American Indian.
938.538(6m)(b)
(b) In the selection of classified service employes for a secured correctional facility authorized under
1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under
s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.
938.538(7)
(7) Rules. The department shall promulgate rules to implement this section.
938.538 History
History: 1995 a. 77,
352;
1997 a. 27,
35.
938.539(1)(1) A juvenile who is placed in a Type 2 child caring institution under
s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under
s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in
s. 946.42 (1) (a).
938.539(2)
(2) A juvenile who is placed in a Type 2 secured correctional facility under
s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under
s. 938.357 (4) (c) is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in
s. 946.42 (1) (a).
938.539(3)
(3) Notwithstanding
ss. 938.19 to
938.21, if a juvenile placed in a Type 2 child caring institution under
s. 938.34 (4d) or
938.357 (4) (c) or in a Type 2 secured correctional facility under
s. 938.357 (4) (a) or
(c) violates a condition of his or her placement in the Type 2 child caring institution or Type 2 secured correctional facility, the juvenile may be placed in a Type 1 secured correctional facility as provided in
s. 938.357 (4) (b).
938.539(4)
(4) Any intentional failure of a juvenile placed in a Type 2 child caring institution under
s. 938.34 (4d) or
938.357 (4) (c) or in a Type 2 secured correctional facility under
s. 938.357 (4) (a) or
(c) to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the Type 2 child caring institution or Type 2 secured correctional facility is considered an escape under
s. 946.42 (3) (c).
938.539(5)
(5) With respect to a juvenile who is placed in a child caring institution or a secured child caring institution under
s. 938.34 (4d) or
938.357 (4) (a) or in a less restrictive placement under
s. 938.357 (4) (c), the child welfare agency operating the child caring institution or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that child caring institution, secured child caring institution or less restrictive placement as a Type 2 child caring institution or a Type 2 secured correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a child caring institution, secured child caring institution or less restrictive placement in which a juvenile is placed under
s. 938.34 (4d) or
938.357 (4) (a) or
(c) a juvenile who is not placed under
s. 938.34 (4d) or
938.357 (4) (a) or
(c).
938.539(6)
(6) The department shall promulgate rules to implement this section.
938.539 History
History: 1995 a. 352.
938.54
938.54
Records. The department shall keep a complete record on each juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department.
938.54 History
History: 1995 a. 77.
938.547
938.547
Juvenile alcohol and other drug abuse pilot program. 938.547(1)(1)
Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and
ch. 48 in the pilot counties selected by the department.
938.547(2)
(2) Department responsibilities. Within the availability of funding under
s. 20.435 (7) (mb) that is available for the pilot program, the department of health and family services shall select counties to participate in the pilot program. Unless a county department of human services has been established under
s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of health and family services shall be a joint application by the county department that provides social services and the county department established under
s. 51.42 or
51.437. The department of health and family services shall select counties in accordance with the request-for-proposal procedures established by that department. The department of health and family services shall give a preference to county applications that include a plan for case management.
938.547(3)
(3) Multidisciplinary screen. The multidisciplinary screen developed for the pilot program shall be used by an intake worker to determine whether or not a juvenile is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen juveniles for:
938.547 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
448.
938.548
938.548
Multidisciplinary screen and assessment criteria. The department of health and family services shall make the multidisciplinary screen developed under
s. 938.547 (3) and the assessment criteria developed under
s. 938.547 (4) available to all counties.
938.548 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77.
938.549
938.549
Juvenile classification system. 938.549(1)
(1) The department shall make available to all counties a juvenile classification system that includes at least all of the following:
938.549(1)(a)
(a) A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense.
938.549(1)(b)
(b) A needs assessment instrument for determining the service needs of a juvenile who has committed an offense.
938.549(1)(c)
(c) A services and placement guide for integrating the risk and needs of a juvenile who has committed an offense with other factors to determine an appropriate placement and level of services for the juvenile.
938.549(2)
(2) A county may use the juvenile classification system to do any of the following:
938.549(2)(a)
(a) At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney.
938.549(2)(b)
(b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.
938.549(2)(c)
(c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.
938.549(3)
(3) Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance.
938.549 History
History: 1995 a. 77.
COUNTY JUVENILE WELFARE SERVICES
938.57
938.57
Powers and duties of county departments providing juvenile welfare services. 938.57(1)
(1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for juvenile welfare purposes by the county board of supervisors or donated by individuals or private organizations. A county department may do any of the following:
938.57(1)(a)
(a) Investigate the conditions surrounding delinquent juveniles and juveniles in need of protection or services within the county and take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any juvenile who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.
938.57(1)(b)
(b) Accept legal custody or supervision of juveniles transferred to it by the court under
s. 938.355 and provide special treatment and care if ordered by the court. Except as provided in
s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.
938.57(1)(c)
(c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under
ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in
s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
938.57(1)(cm)
(cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department by the court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.57(1)(d)
(d) Provide for the moral and religious training of juveniles in its care according to the religious belief of the juvenile or of his or her parents.
938.57(1)(g)
(g) Upon request of the department, provide service for any juvenile in the care of the department.
938.57(1)(h)
(h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile.
938.57(2)
(2) In performing the functions specified in
sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of juveniles in the county.
938.57(3)(a)(a) From the reimbursement received under
s. 46.495 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:
938.57(3)(a)2.
2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.
938.57(3)(a)4.
4. Is living in a foster home, treatment foster home, group home or child caring institution.
938.57(3)(b)
(b) The funding provided for the maintenance of a juvenile under
par. (a) shall be in an amount equal to that to which the juvenile would receive under
s. 46.495 (1) (d) if the juvenile were 16 years of age.
938.57(4)
(4) A county department may provide aftercare supervision under
s. 938.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.
938.57 History
History: 1995 a. 77;
1997 a. 27,
35.
938.59
938.59
Examination and records. 938.59(1)
(1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under
s. 938.34 (4d) or
(4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.
938.59(2)
(2) At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.
938.59 History
History: 1995 a. 77,
352.
938.595
938.595
Duration of control of county departments over delinquents. Except as provided in
s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under
s. 938.34 (4d) or
(4n) shall be discharged as soon as the county 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 county department retain supervision.
938.595 History
History: 1995 a. 77,
352.
