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, a secured child caring institution or a secured group home 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(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(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, a secured child caring institution or a secured group home 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(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(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, secured group home, 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, home or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, 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, home 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(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(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.
938.52
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;
1999 a. 9.
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 136 juveniles, or an average daily population of more than 136 juveniles 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 that average daily population 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 $3,000 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;
1999 a. 9.
938.534
938.534
Intensive supervision program. 938.534(1)(a)(a) A county department may provide an intensive supervision program for juveniles who have been adjudicated delinquent and ordered to participate in an intensive supervision program under
s. 938.34 (2r). A county department that provides an intensive supervision program shall purchase or provide intensive surveillance and community-based treatment services for participants in that program and may purchase or provide electronic monitoring for the intensive surveillance of program participants. A caseworker providing services under an intensive supervision program may have a case load of no more than 10 juveniles and shall have not less than one face-to-face contact per day with each juvenile who is assigned to that caseworker.
938.534(1)(b)1.1. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under
s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.
938.534(1)(b)2.
2. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under
s. 938.067 or
938.069 shall review that statement and shall either approve the placement or order the juvenile to be released from custody.
938.534(1)(b)3.
3. A juvenile may be taken into and held in custody under both
subds. 1. and
2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under
subds. 1. and
2. in connection with the same course of conduct unless the juvenile receives a hearing under
par. (d).
938.534(1)(b)4.
4. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a place of short-term detention under
subd. 1. or
2. is subject to the adoption of a resolution by the county board of supervisors under
s. 938.06 (5) authorizing the use of those placements as places of short-term detention under
subd. 1. or
2.
938.534(1)(c)
(c) Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this paragraph, the juvenile's caseworker may also, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as crisis intervention, if the juvenile is in need of crisis intervention and, if at the dispositional hearing the court informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.
938.534(1)(d)
(d) If the juvenile is held under
par. (b) 1. or
2. in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under
s. 938.21. The hearing shall be conducted in the manner provided in
s. 938.21, except that the hearing shall be conducted within 72 hours, rather than 24 hours, after the end of the day that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under
s. 938.25.
938.534(2)
(2) The department shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include rules that govern the use of placement in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for not more than 72 hours under
sub. (1) (b) and the use of placement in a place of nonsecure custody for not more than 30 days under
sub. (1) (c).
938.534 History
History: 1995 a. 77;
1997 a. 205.
938.535
938.535
Early release and intensive supervision program; limits. The department may establish a program for the early release and intensive supervision of juveniles who have been placed in a secured correctional facility or a secured child caring institution under
s. 938.183 or
938.34 (4m). The program may not include any juveniles who have been placed in a secured correctional facility or a secured child caring institution as a result of a delinquent act involving the commission of a violent crime as defined in
s. 969.035, but not including the crime specified in
s. 948.02 (1).
938.535 History
History: 1995 a. 77.
938.538
938.538
Serious juvenile offender program. 938.538(2)
(2)
Program administration and design. The department shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under
s. 938.34 (4h). The department shall design the program to provide all of the following:
938.538(2)(a)
(a) Supervision, care and rehabilitation that is more restrictive than ordinary supervision in the community.
938.538(2)(b)
(b) Component phases that are intensive and highly structured.
