AB465,62,7
3(3) Frequency of inspections. The department shall inspect and investigate
4each facility specified in sub. (1) at least annually and, when directed by the governor,
5the department shall conduct a special investigation into such a facility's
6management, or anything connected with its management, and report to the
7governor the testimony taken, the facts found, and the conclusions drawn.
AB465,62,15
8(4) Enforcement by attorney general and district attorneys. Upon request
9of the department, the attorney general or the district attorney of the proper county
10shall aid in any investigation, inspection, hearing, or trial held under the provisions
11of this chapter relating to powers of the department, and shall institute and
12prosecute all necessary actions or proceedings for the enforcement of those
13provisions and for the punishment of violations of those provisions. The attorney
14general or district attorney so requested shall report or confer with the department
15regarding the request, within 30 days after the receipt of the request.
AB465,62,23
16(5) Opportunity to inspect. All trustees, managers, directors,
17superintendents, and other officers or employees of a facility specified in sub. (1)
18shall at all times afford to every member of the department and its agents
19unrestrained facility access for inspection of and free access to all parts of the
20buildings and grounds and to all books and papers of the facility, and shall give,
21either verbally or in writing, such information as the department requires. Any
22person who violates this subsection shall forfeit not less than $10 nor more than
23$100.
AB465,63,2
24(6) Testimonial power; expenses. The department or any person delegated by
25the department may administer oaths, take testimony, and cause depositions to be
1taken. All expenses of the investigations, including fees of officers and witnesses,
2shall be charged to the appropriation for the department.
AB465,63,5
3(7) Statistics to be furnished. Whenever the department is required to collect
4statistics relating to a facility specified in sub. (1), the facility shall furnish the
5required statistics on request.
AB465,228
6Section
228. 938.227 of the statutes is created to read:
AB465,63,10
7938.227 Juvenile detention facilities; establishment, approval,
8inspection. (1) The department shall fix reasonable standards and regulations for
9the design, construction, repair, and maintenance of juvenile detention facilities,
10with respect to their adequacy and fitness for the needs that they are to serve.
AB465,63,14
11(2) The selection and purchase of the site, and the plans, specifications, and
12erection of buildings for juvenile detention facilities shall be subject to the review and
13approval of the department. Department review shall include review of the proposed
14program to be carried out by the juvenile detention facility.
AB465,63,23
15(3) Before any juvenile detention facility is occupied, and at least annually
16thereafter, the department shall inspect the juvenile detention facility, with respect
17to safety, sanitation, adequacy, and fitness, report to the authorities managing the
18juvenile detention facility any deficiency found, and order the necessary work to
19correct that deficiency. If within 6 months after the inspection the work is not
20commenced, or not completed within a reasonable period after commencement of the
21work, to the satisfaction of the department, the department shall suspend the
22allowance of state aid for, and prohibit the use of, the juvenile detention facility until
23the order is complied with.
AB465,229
24Section
229. 938.23 (1m) (a) of the statutes is amended to read:
AB465,64,9
1938.23
(1m) (a) A juvenile alleged to be delinquent under s. 938.12 or held in
2a juvenile detention facility shall be represented by counsel at all stages of the
3proceedings. A juvenile 15 years of age or older may waive counsel if the court is
4satisfied that the waiver is knowingly and voluntarily made and the court accepts
5the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile
6correctional facility or a secured residential care center for children and youth,
7transfer supervision of the juvenile to the department
of corrections for participation
8in the serious juvenile offender program, or transfer jurisdiction over the juvenile to
9adult court.
AB465,230
10Section
230. 938.295 (2) (c) of the statutes is amended to read:
AB465,64,1811
938.295
(2) (c) A county that pays the cost of an examination under par. (a) may
12recover a reasonable contribution toward that cost from the juvenile's parent or
13guardian, based on the ability of the parent or guardian to pay. If the examination
14is provided or otherwise funded by the county department under s. 46.215, 46.22, or
1546.23, the county department shall collect the contribution of the parent or guardian
16as provided in s.
301.03 (18) 49.32 (1). If the examination is provided or otherwise
17funded by the county department under s. 51.42 or 51.437, the county department
18shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).
AB465,231
19Section
231. 938.296 (6) of the statutes is amended to read:
AB465,64,2520
938.296
(6) Payment for test costs. The court may order the county to pay for
21the cost of a test or series of tests ordered under sub. (4) or (5). This subsection does
22not prevent recovery of reasonable contribution toward the cost of that test or series
23of tests from the parent or guardian of the juvenile as the court may order based on
24the ability of the parent or guardian to pay. This subsection is subject to s.
301.03
25(18) 49.32 (1).
AB465,232
1Section
232. 938.30 (6) (b) of the statutes is amended to read:
AB465,65,122
938.30
(6) (b) If it appears to the court that disposition of the case may include
3placement of the juvenile outside the juvenile's home, the court shall order the
4juvenile's parent to provide a statement of the income, assets, debts, and living
5expenses of the juvenile and the juvenile's parent to the court or the designated
6agency under s. 938.33 (1) at least 5 days before the scheduled date of the
7dispositional hearing or as otherwise ordered by the court. The clerk of court shall
8provide, without charge, to any parent ordered to provide that statement a document
9setting forth the percentage standard established by the department
of children and
10families under s. 49.22 (9) and the manner of its application established by the
11department
of corrections under s.
301.12 49.345 (14) (g) and listing the factors under
12s.
301.12 49.345 (14) (c).
AB465,233
13Section 233
. 938.31 (7) (b) of the statutes is amended to read:
AB465,65,2414
938.31
(7) (b) If it appears to the court that disposition of the case may include
15placement of the juvenile outside the juvenile's home, the court shall order the
16juvenile's parent to provide a statement of the income, assets, debts, and living
17expenses of the juvenile and the juvenile's parent, to the court or the designated
18agency under s. 938.33 (1) at least 5 days before the scheduled date of the
19dispositional hearing or as otherwise ordered by the court. The clerk of court shall
20provide, without charge, to any parent ordered to provide the statement a document
21setting forth the percentage standard established by the department
of children and
22families under s. 49.22 (9) and the manner of its application established by the
23department
of corrections under s.
301.12 49.345 (14) (g) and listing the factors under
24s.
301.12 49.345 (14) (c).
AB465,234
25Section 234
. 938.33 (4m) (intro.) of the statutes is amended to read:
AB465,66,5
1938.33
(4m) Support recommendations; information to parents. (intro.) In
2making a recommendation for an amount of child support under sub. (3) or (4), the
3agency shall consider the factors under s.
301.12
49.345 (14) (c). At or before the
4dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent
5with all of the following:
AB465,235
6Section
235. 938.33 (4m) (b) of the statutes is amended to read:
AB465,66,87
938.33
(4m) (b) A written explanation of how the parent may request that the
8court modify the amount of child support under s.
301.12 49.345 (14) (c).
AB465,236
9Section
236. 938.34 (2) (a) of the statutes is amended to read:
AB465,66,1410
938.34
(2) (a) Place the juvenile under the supervision of an agency, the
11department
of corrections, if
that the department approves, or a suitable adult,
12including a friend of the juvenile, under conditions prescribed by the court, including
13reasonable rules for the juvenile's conduct, designed for the physical, mental, and
14moral well-being and behavior of the juvenile.
AB465,237
15Section
237. 938.34 (2) (b) of the statutes is amended to read:
AB465,66,2016
938.34
(2) (b) If the juvenile is placed in the juvenile's home under the
17supervision of an agency or the department
of corrections, order that agency or
18department to provide specified services to the juvenile and the juvenile's family,
19including individual, family, or group counseling, homemaker or parent aide
20services, respite care, housing assistance, child care, or parent skills training.
AB465,238
21Section
238. 938.34 (3) (f) (intro.) of the statutes is amended to read:
AB465,66,2522
938.34
(3) (f) (intro.) A juvenile detention facility or juvenile portion of a county
23jail that meets the standards promulgated by the department
of corrections by rule,
24or in a place of nonsecure custody designated by the court, subject to all of the
25following: