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.
938.533
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 not more than $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. This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the corrective sanctions program from being taken into and held in custody under
ss. 938.19 to
938.21.
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 Cross-reference
Cross Reference: See also ch.
DOC 396, Wis. adm. code.
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)3m.
3m. Subject to
par. (d),
subds. 1. and
2. do not preclude a juvenile who has violated a condition of the juvenile's participation in the program from being taken into and held in custody under
ss. 938.19 to
938.21.
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 Cross-reference
Cross Reference: See also ch.
DOC 398, Wis. adm. code.
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.
938.538(2)(c)
(c) A series of component phases for each participant that is based on public safety considerations and the participant's need for supervision, care and rehabilitation.
938.538(3)(a)(a) The department shall provide each participant with one or more of the following sanctions:
938.538(3)(a)1.
1. Subject to
subd. 1m., placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under
s. 938.357 (4) (d), a Type 1 prison, as defined in
s. 301.01 (5), for a period of not more than 3 years.
938.538 Note
NOTE: The provisions of subd 1. 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 Wis. 2d 849,
580 N.W.2d 660 (1998).
938.538(3)(a)1m.
1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under
s. 938.357 (4) (d), a Type 1 prison, as defined in
s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.
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 Wis. 2d 849,
580 N.W.2d 660 (1998).
938.538(3)(a)1p.
1p. Alternate care, including placement in a foster home, treatment foster home, group home, residential care center for children and youth, 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). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under
sub. (3) (a) 2. to
9. from being taken into and held in custody under
ss. 938.19 to
938.21.
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 employees 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 office of state employment relations to ensure that the percentage of employees 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 office of state 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 Cross-reference
Cross Reference: See also ch.
DOC 396, Wis. adm. code.
938.538 Annotation
Placement in the serious juvenile offender program must occur at an original disposition. It is not a disposition to extend, revise, or change a placement already in effect. State v. Terry T. 2002 WI App 81,
251 Wis. 2d 462,
643 N.W.2d 175.
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). This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution from being taken into and held in custody under
ss. 938.19 to
938.21.
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 residential care center for children and youth 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 residential care center for children and youth 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 residential care center for children and youth, 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 residential care center for children and youth, 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;
2001 a. 16,
59.
