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SB168,14,224 938.355 (2) (b) 6n. If the juvenile is placed outside the home under s. 938.34
25(4m), a statement that the court has given bona fide consideration to the

1recommendations made by the agency and all parties relating to the juvenile's
2placement.
SB168,36 3Section 36 . 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
SB168,14,84 938.357 (3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c),
5the court may order placement in a Type 1 juvenile correctional facility under
6supervision of
operated by the department of corrections for a juvenile who was
7adjudicated delinquent under s. 938.34 (4m) if the court finds, after a hearing under
8this section, that any of the following apply:
SB168,14,189 (c) Upon Notwithstanding s. 938.34 (4m), upon the recommendation of the
10department of health services, the court may order the placement of a juvenile under
11par. (b)
who was adjudicated delinquent under s. 938.34 (4m) at the Mendota juvenile
12treatment center if par. (b) 1. a. to c. are met. The department of health services shall
13determine the date for the actual transfer of the juvenile to the Mendota juvenile
14treatment center, and no change of placement to the Mendota juvenile treatment
15center may be ordered without the prior agreement of the department of health
16services to admit the juvenile. No further hearing or court order is necessary for the
17department of health services to transfer the juvenile back to the supervision of the
18county department
.
SB168,37 19Section 37 . 938.357 (3) (e) and (f) of the statutes are created to read:
SB168,14,2520 938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility
21under par. (b) is under the supervision of the department of corrections. The change
22of placement order shall designate the department of corrections to provide
23community supervision or the county department to provide aftercare supervision
24for the juvenile following the juvenile's release from the Type 1 juvenile correctional
25facility.
SB168,15,3
1(f) A juvenile who is placed at the Mendota juvenile treatment center under par.
2(c) is under the supervision of the department of health services until the juvenile
3is released back to the supervision of the county department.
SB168,38 4Section 38 . 938.357 (4) (as) of the statutes is created to read:
SB168,15,125 938.357 (4) (as) When a juvenile is placed under the supervision of a county
6department, that department may place the juvenile in a secured residential care
7center for children and youth or on aftercare supervision, either immediately or after
8a period of placement in a secured residential care center for children and youth. The
9county department shall send written notice of any change in placement to the
10parent, guardian, legal custodian, if any, and the court. The county department shall
11be responsible for decisions regarding the release of a juvenile who is under its
12supervision.
SB168,39 13Section 39 . 938.357 (4g) (a) of the statutes is amended to read:
SB168,15,2314 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile
15is placed in a juvenile correctional facility or a secured residential care center for
16children and youth, or within 30 days after the date on which the department of
17corrections requests the community supervision or aftercare plan, whichever is
18earlier, the community supervision provider or the aftercare provider designated
19under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the
20juvenile. If the juvenile is to be placed on aftercare supervision, the county
21department designated as the aftercare provider shall submit the aftercare plan to
22the department of corrections within the applicable period specified in this
23paragraph, unless the department of corrections waives the period under par. (b).
SB168,40 24Section 40. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act 185,
25section 78, is amended to read:
SB168,16,6
1938.48 (3) Supervision and special treatment or care. Accept supervision
2over juveniles transferred to it by the court under s. 938.183, 938.34 (4h) or (4n), or
3938.357 (3) or (4), and provide special treatment or care to juveniles when directed
4by the court. Except as provided in s. 938.505 (2), a court may not direct the
5department to administer psychotropic medications to juveniles who receive special
6treatment or care under this subsection.
SB168,41 7Section 41 . 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act 185,
8section 80, is amended to read:
SB168,16,229 938.48 (4) Care, training, and placement. Provide appropriate care and
10training for juveniles under its supervision under s. 938.183, 938.34 (4h) or (4n), or
11938.357 (3) or (4), including serving those juveniles in their own homes, placing them
12in licensed foster homes or licensed group homes under s. 48.63 or in independent
13living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed
14child welfare agencies, or replacing them in juvenile correctional facilities or secured
15residential care centers for children and youth in accordance with rules promulgated
16under ch. 227, except that the department may not purchase the educational
17component of private day treatment programs for a juvenile in its custody unless the
18department, the school board, as defined in s. 115.001 (7), and the state
19superintendent of public instruction all determine that an appropriate public
20education program is not available for the juvenile. Disputes between the
21department and the school district shall be resolved by the state superintendent of
22public instruction.
SB168,42 23Section 42 . 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act
24185
, section 82, is amended to read:
SB168,17,2
1938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
2938.34 (4h) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
SB168,43 3Section 43 . 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act 185,
4section 84, is amended to read:
SB168,17,85 938.48 (5) Moral and religious training. Provide for the moral and religious
6training of a juvenile under its supervision under s. 938.183, 938.34 (4h) or (4n), or
7938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's
8parents.
SB168,44 9Section 44 . 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act 185,
10section 86, is amended to read:
SB168,17,1611 938.48 (6) Emergency surgery. Consent to emergency surgery under the
12direction of a licensed physician or surgeon for any juvenile under its supervision
13under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) upon notification by a
14licensed physician or surgeon of the need for the surgery and if reasonable effort,
15compatible with the nature and time limitation of the emergency, has been made to
16secure the consent of the juvenile's parent or guardian.
SB168,45 17Section 45 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act 185,
18section 88, is amended to read:
SB168,17,2519 938.48 (14) School-related expenses for juveniles over 17. Pay
20maintenance, tuition, and related expenses from the appropriation under s. 20.410
21(3) (ho) for persons who, when they attained 17 years of age, were students regularly
22attending a school, college, or university or regularly attending a course of vocational
23or technical training designed to prepare them for gainful employment, and who
24upon attaining that age were under the supervision of the department under s.
25938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) as a result of a judicial decision.
SB168,46
1Section 46. 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act 185,
2section 96, is amended to read:
SB168,18,123 938.505 (1) Rights and duties of department of corrections or county
4department.
When a juvenile is placed under the supervision of the department of
5corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3), (4), or (5) (e) or under
6the supervision of a county department under s. 938.34 (4m) or (4n), the department
7of corrections or county department, whichever has supervision over the juvenile,
8shall have the right and duty to protect, train, discipline, treat, and confine the
9juvenile and to provide food, shelter, legal services, education, and ordinary medical
10and dental care for the juvenile, subject to the rights, duties, and responsibilities of
11the guardian of the juvenile and subject to any residual parental rights and
12responsibilities and the provisions of any court order.
SB168,47 13Section 47 . 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin
14Act 185
, section 98, are amended to read:
SB168,18,2415 938.52 (2) (a) In addition to facilities and services under sub. (1), the
16department of corrections may use other facilities and services under its jurisdiction.
17The department of corrections may contract for and pay for the use of other public
18facilities or private facilities for the care and treatment of juveniles in its care.
19Placement of a juvenile in a private or public facility that is not under the jurisdiction
20of the department of corrections does not terminate that department's supervision
21over the juvenile under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4).
22Placements in institutions for persons with a mental illness or development
23disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
24and ch. 51.
SB168,19,3
1(c) The department of corrections may inspect any facility it is using and
2examine and consult with persons under its supervision under s. 938.183, 938.34
3(4h) or (4n), or 938.357 (3) or (4) who have been placed in the facility.
SB168,48 4Section 48 . 938.53 of the statutes, as affected by 2017 Wisconsin Act 185,
5section 100, is amended to read:
SB168,19,12 6938.53 Duration of control of department of corrections over
7delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
8who has been placed under the supervision of the department of corrections under
9s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) shall be discharged as soon as that
10department determines that there is a reasonable probability that departmental
11supervision is no longer necessary for the rehabilitation and treatment of the
12juvenile or for the protection of the public.
SB168,49 13Section 49 . 938.533 (2) (intro.) of the statutes is amended to read:
SB168,19,2014 938.533 (2) Community supervision services. (intro.) From the appropriation
15under s. 20.410 (3) (hr), the department of corrections shall purchase or provide
16community supervision services for juveniles who have been placed under the
17community supervision of the department of corrections under s. 938.183, 938.34
18(4n) (4h), 938.357 (3) or (4), or 938.538 (3) (a) 2. For each juvenile who is placed under
19community supervision, the department of corrections may purchase or provide any
20of the following services:
SB168,50 21Section 50 . 938.54 of the statutes, as affected by 2017 Wisconsin Act 185,
22section 107, is amended to read:
SB168,20,4 23938.54 Records. The department of corrections shall keep a complete record
24on each juvenile under its supervision under s. 938.183, 938.34 (4h) , or (4n) or
25938.357 (3) or (4). This record shall include the information received from the court,

1the date of reception, all available data on the personal and family history of the
2juvenile, the results of all tests and examinations given the juvenile, and a complete
3history of all placements of the juvenile while under the supervision of the
4department of corrections.
SB168,51 5Section 51 . 938.57 (4) of the statutes is amended to read:
SB168,20,186 938.57 (4) Aftercare supervision. A county department may provide aftercare
7supervision under s. 938.34 (4n) for juveniles who are released from juvenile
8correctional facilities or secured residential care centers for children and youth. If
9a county department intends to change its policy regarding whether the county
10department will provide aftercare supervision for juveniles released from juvenile
11correctional facilities or secured residential care centers for children and youth or the
12department of corrections will provide community supervision for those juveniles,
13the county executive or county administrator, or, if the county has no county
14executive or county administrator, the chairperson of the county board of
15supervisors, or, for multicounty departments, the chairpersons of the county boards
16of supervisors jointly, shall submit a letter to the department of corrections stating
17that intent before July 1 of the year preceding the year in which the policy change
18will take effect.
SB168,52 19Section 52 . 938.78 (3) of the statutes is amended to read:
SB168,21,1620 938.78 (3) Release of information when escape or absence; rules. If a juvenile
21adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
22of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
23(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11,
24941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298,
25941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g),

1943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or
2948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional
3facility, residential care center for children and youth, secured residential care center
4for children and youth,
inpatient facility, as defined in s. 51.01 (10), juvenile
5detention facility, or juvenile portion of a county jail, or from the custody of a peace
6officer or a guard of such a facility, center, or jail, or has been allowed to leave a
7juvenile correctional facility, residential care center for children and youth, secured
8residential care center for children and youth,
inpatient facility, juvenile detention
9facility, or juvenile portion of a county jail for a specified time period and is absent
10from the facility, center, home, or jail for more than 12 hours after the expiration of
11the specified period, the department of corrections or county department, whichever
12has supervision over the juvenile, may release the juvenile's name and any
13information about the juvenile that is necessary for the protection of the public or to
14secure the juvenile's return to the facility, center, home, or jail. The department of
15corrections shall promulgate rules establishing guidelines for the release of the
16juvenile's name or information about the juvenile to the public.
SB168,53 17Section 53 . 2017 Wisconsin Act 185, section 38 is repealed.
SB168,54 18Section 54 . 2017 Wisconsin Act 185, section 70 is repealed.
SB168,55 19Section 55. 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:
SB168,22,620[2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type
211 juvenile correctional facilities under subsection (7) and the secured residential care
22centers for children and youth under subsections (4) and (7m), the department of
23corrections shall begin to transfer each juvenile held in secure custody at the Lincoln
24Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional
25facility or secured residential care center for children and youth. No juvenile may

1be transferred to a Type 1 juvenile correctional facility until the department of
2corrections determines the facility to be ready to accept juveniles, and no juvenile
3may be transferred to a secured residential care center for children and youth until
4the entity operating the facility determines it to be ready to accept juveniles. The
5transfers may occur in phases. The department shall transfer all juveniles under
6this subsection no later than January July 1, 2021.
SB168,56 7Section 56. 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:
SB168,22,138[2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which
9all juveniles have been transferred to secured residential care centers for children
10and youth and Type 1 juvenile correctional facilities under subsection (1) or January,
11July 1, 2021, the department of corrections shall permanently close the Type 1
12juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake
13School in the town of Birch, Lincoln County.
SB168,57 14Section 57. 2017 Wisconsin Act 185, section 110 (3) (c) is amended to read:
SB168,22,1815[2017 Wisconsin Act 185] Section 110 (3) (c) Termination. The juvenile
16corrections grant committee terminates on the earlier of the date on which all
17projects funded with grants under subsection (4) are completed or January July 1,
182021.
SB168,58 19Section 58. 2017 Wisconsin Act 185, section 110 (4) (a) 1. c. is amended to read:
SB168,22,2320[2017 Wisconsin Act 185] Section 110 (4) (a) 1. c. A grant to pay 100 percent of
21the costs of designing and constructing a secured residential care center for children
22and youth only for female juveniles or any portion thereof that is only intended
23primarily
for the holding and treatment of female juveniles.
SB168,59 24Section 59 . 2017 Wisconsin Act 185, section 110 (4) (d) is amended to read:
SB168,23,5
1[2017 Wisconsin Act 185] Section 110 (4) (d) Deadline. Grant applications are
2due no later than March 31 June 30, 2019. Between that date and June 30
3September 30, 2019, the juvenile corrections grant committee may work with
4applicants to modify their applications in order to increase the likelihood of being
5awarded a grant.
SB168,60 6Section 60 . 2017 Wisconsin Act 185, section 110 (4) (e) is amended to read:
SB168,23,157[2017 Wisconsin Act 185] Section 110 (4) (e) Wisconsin model of juvenile justice;
8statewide plan.
The juvenile corrections grant committee shall develop a statewide
9plan that recommends which grant applications to approve, based on an overall view
10toward a Wisconsin model of juvenile justice. The committee shall consult with the
11departments of corrections and children and families on the statewide plan and may
12not recommend approval of an application unless the department of corrections
13approves the plans and specifications for the site and the design and construction of
14the proposed secured residential care center for children and youth under section
15301.37 of the statutes
.
SB168,61 16Section 61 . 2017 Wisconsin Act 185, section 110 (4) (f) is amended to read:
SB168,23,2217[2017 Wisconsin Act 185] Section 110 (4) (f) Plan approval. No later than July
18October 1, 2019, the juvenile corrections grant committee shall submit the plan
19under paragraph (e) for approval to the joint committee on finance. The juvenile
20corrections grant committee and the department of corrections may not implement
21the plan until it is approved by the joint committee on finance, as submitted or as
22modified.
SB168,62 23Section 62. 2017 Wisconsin Act 185, section 110 (6) (e) is amended to read:
SB168,23,2524[2017 Wisconsin Act 185] Section 110 (6) (e) Termination. The juvenile
25corrections study committee terminates on January July 1, 2021.
SB168,63
1Section 63. 2017 Wisconsin Act 185, section 110 (7) is amended to read:
SB168,24,82[2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional
3facilities
. The department of corrections shall establish or construct the Type 1
4juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later
5than January July 1, 2021, subject to the approval of the joint committee on finance.
6The department shall consider the recommendations of the juvenile corrections
7study committee under subsection (6) (c) 2. in establishing or constructing these
8facilities.
SB168,64 9Section 64. 2017 Wisconsin Act 185, section 110 (7m) (b) is amended to read:
SB168,24,1510[2017 Wisconsin Act 185] Section 110 (7m) (b) 1. Notwithstanding section
11938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on January
12July 1, 2021, the portion of an eligible juvenile detention facility that holds juveniles
13who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is
14a secured residential care center for children and youth and juveniles may be placed
15there under section 938.34 (4m) of the statutes.
SB168,24,2016 2. Notwithstanding subdivision 1., on January July 1, 2021, the portion of an
17eligible juvenile detention facility that holds juveniles who are placed under section
18938.34 (3) (f) of the statutes for more than 30 days is, with respect to a juvenile placed
19under section 938.34 (3) (f) of the statutes prior to January July 1, 2021, a juvenile
20detention facility.
SB168,65 21Section 65. 2017 Wisconsin Act 185, section 111 (3) is amended to read:
SB168,24,2422[2017 Wisconsin Act 185] Section 111 (3) The treatment of section 938.34 (3) (f)
231. of the statutes, with respect to an eligible juvenile detention facility under Section
24110 (7m), first applies to a juvenile adjudicated delinquent on January July 1, 2021.
SB168,66 25Section 66. 2017 Wisconsin Act 185, section 112 (1) is amended to read:
SB168,25,9
1[2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p)
2(by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by
3Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20,
4938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and
5(4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b)
6(by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88),
7938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section
8100), and 938.54 (by Section 107) of the statutes takes effect on the date specified
9in the notice under Section 110 (2) (b) or January July 1, 2021, whichever is earlier.
SB168,67 10Section 67 . Nonstatutory provisions.
SB168,25,1111 (1) Temporary change in placement without a hearing.
SB168,25,1812 (a) The department of corrections may, using the procedure set forth in s.
13938.357 (4) (am), place a juvenile who is placed in the Type 1 juvenile correctional
14facility known as Lincoln Hills School or Copper Lake School on the effective date of
15this paragraph in a juvenile detention facility under s. 938.22 (2) (d) 1. If the
16department of corrections places a juvenile in a juvenile detention facility under this
17paragraph, the department of corrections shall contract with the operating entity for
18the care and services provided under s. 301.08.
SB168,25,2419 (b) Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile
20detention facility under par. (a ) for a period longer than 365 days, and shall be
21transferred out of the juvenile detention facility using the procedure and by the date
22required under 2017 Wisconsin Act 185, section 110 (1). The department of
23corrections shall transfer all juveniles placed in a juvenile detention facility under
24par. (a) out of the juvenile detention facility no later than July 1, 2021.
SB168,68 25Section 68 . Initial applicability.
SB168,26,4
1(1) The treatment of ss. 938.33 (3r), 938.34 (4m) (intro.) (by Section 28) and (4n)
2(intro.), and 938.357 (3) (b) (intro.), (c), (e), and (f) and (4) (as), with respect to a county
3department's supervision of a juvenile, first applies to a juvenile adjudicated
4delinquent and placed under the supervision of the county under s. 938.34 (4m).
SB168,69 5Section 69 . Effective dates. This act takes effect on the day after publication,
6except as follows:
SB168,26,117 (1) The treatment of ss. 46.011 (1p), 48.023 (4), 49.11 (1c), 49.45 (25) (bj), 301.01
8(1n), 938.02 (4), 938.34 (4m) (intro.) (by Section 29) and (4n) (intro.), 938.357 (4g) (a),
9938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53,
10938.533 (2) (intro.), and 938.54 takes effect on the date specified in the notice under
112017 Wisconsin Act 185, Section 110 (2) (b), or July 1, 2021, whichever is earlier.
SB168,26,1212 (End)
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