938.505(2)(a)(a) If a juvenile 14 years of age or older is under the supervision of the department or a county department as described in
sub. (1), is not residing in his or her home, and 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 that all of the following apply, 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. The parent's or guardian's consent is unreasonably withheld, the parent or guardian cannot be found, or 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. The juvenile is 14 years of age or older, is competent to consent to the administration of psychotropic medication, and voluntarily consents to the administration of psychotropic medication.
938.505(2)(a)3.
3. The juvenile, based on the recommendation of a physician, is in need of psychotropic medication, and psychotropic medication is appropriate for the juvenile's needs and is the least restrictive treatment consistent with those 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. The hearing shall be held within that 10-day period.
938.505 History
History: 1995 a. 77;
2005 a. 344.
938.505 Cross-reference
Cross-reference: See also chs.
DOC 375 and
383, Wis. adm. code.
938.51
938.51
Notification of release or escape of juvenile from correctional custody or supervision. 938.51(1)
(1)
Release from secured facility or supervision. At least 15 days prior to the date of release from a juvenile correctional facility or a secured residential care center for children and youth 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) Release from nonsecured residential care center. At least 15 days prior to the release from a nonsecured residential care center for children and youth 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,
948.03, or
948.085 (2), and at least 15 days prior to the release from a nonsecured residential care center for children and youth 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) Release from inpatient facility. 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) Notification of local agencies. 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 juvenile correctional facility or a secured residential care center for children and youth 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) Contents of notice. 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) Notification request cards. 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 the person's 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 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. 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) Release not affected by failure to notify. 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) Notification if escape or absence. If a juvenile described in
sub. (1),
(1d), or
(1g) escapes from a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, home, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified period of time and is absent from the facility, center, 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 the escape or absence, the 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 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 facilities and services under
sub. (1), the department may use other facilities and services under its jurisdiction. The department may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of juveniles in private or public facilities not under the department's jurisdiction does not terminate its supervision under
s. 938.183,
938.34 (4h),
(4m), or
(4n), or
938.357 (4). Placements in institutions for persons with a mental illness or development disability 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 shall 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 requires any public facility to serve the department in a manner that is inconsistent with the facility's functions or with the laws and regulations governing its activities or gives the department authority to use any private facility without its consent.
938.52(4)
(4) Coeducational programs and institutions. The department may establish and maintain coeducational programs and institutions under this chapter.
938.53
938.53
Duration of control of department over delinquents. Except as provided under
s. 938.183, a juvenile adjudged delinquent who has 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 departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.
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 unless 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 unless funding and positions to serve more than that average daily population are otherwise available, in at least 3 counties, including Milwaukee County. The department's office of juvenile offender review 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 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 is under the supervision 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 juvenile violates a condition of his or her participation in the corrective sanctions program the department may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or return the juvenile to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. This paragraph does not preclude a juvenile who has violated a condition of his or her 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 juvenile correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to
s. 301.02. Construction or establishment of a Type 2 juvenile 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 juvenile 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 his or her placement in the community while participating in the corrective sanctions program, the 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;
2001 a. 16;
2005 a. 344; s. 35.17 correction in (3) (a).
938.533 Cross-reference
Cross-reference: See also ch.
DOC 396, Wis. adm. code.
938.534
938.534
Intensive supervision program. 938.534(1)
(1)
Program requirements; violation of condition of participation. 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 a program shall purchase or provide intensive surveillance and community-based treatment services for participants in the program and may purchase or provide electronic monitoring for the intensive surveillance of program participants. A caseworker providing services under a 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, except that the face-to-face contact requirement does not apply to a juvenile placed under
par. (b) or
(c).
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 his or her 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 juvenile 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. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 juvenile 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. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 either approve the placement, modify the terms of 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 juvenile 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, if the juvenile is in need of crisis intervention the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days. This placement may be made only if at the dispositional hearing the court informed the juvenile of that possible 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 juvenile 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) Rules for intensive supervision program. The department shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include provisions governing the use of placement in a juvenile 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 juvenile correctional facility or a secured residential care center for children and youth under
s. 938.183 or
938.34 (4m). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth 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;
2005 a. 344.
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 juvenile correctional facility or a secured residential care center for children and youth for a period of not more than 3 years.
