AB68,1682,16
141. “Operating entity” means the county department, the Indian tribe, or the
15child welfare agency, whichever entity operates a secured residential care center for
16children and youth.
AB68,3230
17Section
3230. 938.357 (4) (ab) 2. of the statutes is created to read:
AB68,1682,2018
938.357
(4) (ab) 2. “Secured residential care center for children and youth” does
19not include a secured residential care center for children and youth operated by the
20department of corrections.
AB68,3231
21Section
3231. 938.357 (4) (am) of the statutes is amended to read:
AB68,1683,1622
938.357
(4) (am) When the juvenile is placed with the department of
23corrections, that department may, after an examination under s. 938.50, place the
24juvenile in a juvenile correctional facility or, with the consent of the operating entity,
25a secured residential care center for children and youth or on
community supervision
1or aftercare supervision, either immediately or after a period of placement in a
2juvenile correctional facility or a secured residential care center for children and
3youth. The department of corrections shall send written notice of the change in
4placement to the parent, guardian, legal custodian, county department designated
5under s. 938.34 (4n), if any, and committing court.
If the department of corrections
6places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare
7agency, that department shall reimburse the child welfare agency at the rate
8established under s. 49.343 that is applicable to the type of placement that the child
9welfare agency is providing for the juvenile. If the department of corrections places
10a juvenile in a secured residential care center for children and youth under this
11paragraph, the department of corrections shall contract with the operating entity for
12the care and services provided under s. 301.08. A juvenile who is placed in
a Type 2
13juvenile correctional facility or a secured residential care center for children and
14youth under this paragraph remains under the supervision of the department of
15corrections, remains subject to the rules and discipline of that department, and is
16considered to be in custody, as defined in s. 946.42 (1) (a).
AB68,3232
17Section
3232. 938.357 (4) (b) of the statutes is repealed.
AB68,3233
18Section
3233. 938.357 (4) (c) of the statutes is repealed.
AB68,3234
19Section
3234. 938.357 (4g) (title) of the statutes is amended to read:
AB68,1683,2020
938.357
(4g) (title)
Community supervision or aftercare Aftercare plan.
AB68,1684,723
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
24is placed in a juvenile correctional facility or a secured residential care center for
25children and youth, or within 30 days after the date on which the department of
1corrections requests the
community supervision or aftercare plan, whichever is
2earlier, the
community supervision provider or the aftercare provider designated
3under s. 938.34 (4n) shall prepare
a community supervision or an aftercare plan for
4the juvenile.
If the juvenile is to be placed on aftercare supervision, the The county
5department designated as the aftercare provider shall submit the aftercare plan to
6the department of corrections within the applicable period specified in this
7paragraph, unless the department of corrections waives the period under par. (b).
AB68,3236
8Section
3236. 938.357 (4g) (b) of the statutes is amended to read:
AB68,1684,189
938.357
(4g) (b) The department of corrections may waive the period within
10which
a community supervision plan or an aftercare plan must be prepared and
11submitted under par. (a) if
that department the department of corrections 12anticipates that the juvenile will remain in the juvenile correctional facility or
13secured residential care center for children and youth for a period exceeding 8
14months or if the juvenile is subject to s. 938.183. If the department of corrections
15waives that period, the designated
community supervision or aftercare provider
16shall prepare the
community supervision or aftercare plan within 30 days after the
17date on which the department of corrections requests the
community supervision or 18aftercare plan.
AB68,3237
19Section
3237. 938.357 (4g) (c) (intro.), 2., 3. and 4. of the statutes are amended
20to read:
AB68,1684,2221
938.357
(4g) (c) (intro.)
A community supervision or An aftercare plan shall
22include all of the following:
AB68,1684,2423
2. The conditions, if any, under which the juvenile's
community supervision or 24aftercare status may be revoked.
AB68,1685,2
13. Services or programming to be provided to the juvenile while on
community
2supervision or aftercare supervision.
AB68,1685,43
4. The estimated length of time that
community supervision and services or 4aftercare supervision and services shall be provided to the juvenile.
AB68,3238
5Section
3238. 938.357 (4g) (d) of the statutes is amended to read:
AB68,1685,96
938.357
(4g) (d) A juvenile may be released from a juvenile correctional facility
7or a secured residential care center for children and youth whether or not
a
8community supervision or an aftercare plan has been prepared under this
9subsection.
AB68,3239
10Section
3239. 938.357 (4m) of the statutes is amended to read:
AB68,1685,1611
938.357
(4m) Release to community supervision or aftercare supervision. 12The department of corrections
shall try to release a juvenile to community
13supervision and the or the county department with supervision of a juvenile shall try
14to release the juvenile to aftercare supervision under sub. (4) within 30 days after the
15date on which the department of corrections or county department determines the
16juvenile is eligible for the release.
AB68,3240
17Section
3240. 938.357 (5) (title) of the statutes is amended to read:
AB68,1685,1918
938.357
(5) (title)
Revocation of
community supervision or aftercare
19supervision.
AB68,3241
20Section
3241. 938.357 (5) (a) of the statutes is amended to read:
AB68,1686,221
938.357
(5) (a)
If a juvenile has been placed on community supervision, the
22department of corrections may revoke the community supervision status of that
23juvenile as provided in this subsection. If a juvenile has been placed on aftercare
24supervision, the county department that has been designated as a juvenile's
25aftercare provider may revoke the aftercare status of that juvenile as provided in this
1subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
2required.
AB68,3242
3Section
3242. 938.357 (5) (b) of the statutes is amended to read:
AB68,1686,74
938.357
(5) (b)
A juvenile on community supervision status may be taken into
5custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on
6aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21
7or 938.355 (6d) (b).
AB68,3243
8Section
3243. 938.357 (5) (d) of the statutes is amended to read: