AB188-ASA1,12,2219
938.33
(6) Retention. Reports submitted under this section shall be retained
20in the record of the pending action, which shall be made available to the agency that
21is designated to supervise the juvenile under a disposition under s. 938.34 or a
22change of placement order under s. 938.357.
AB188-ASA1,32
23Section 32
. 938.34 (4m) (intro.) of the statutes is amended to read:
AB188-ASA1,13,324
938.34
(4m) Correctional placement. (intro.) Place the juvenile
under the
25supervision of the department of corrections in a juvenile correctional facility or
1under the supervision of the county department in a secured residential care center
2for children and youth
under the supervision of
identified by the county department
3or the department of corrections if all of the following apply:
AB188-ASA1,13,86
938.34
(4m) Correctional placement. (intro.) Place the juvenile under the
7supervision of the county department in a secured residential care center for children
8and youth identified by the county department if all of the following apply:
AB188-ASA1,34
9Section 34
. 938.34 (4n) (intro.) of the statutes is amended to read:
AB188-ASA1,13,2410
938.34
(4n) Community supervision or aftercare Aftercare supervision. 11(intro.) In the case of a juvenile who has received a correctional placement under sub.
12(4m), designate
the county department one of the following to provide aftercare
13supervision for the juvenile following the juvenile's release from a secured
14residential care center for children and youth or Type 1 juvenile correctional facility
.
15In the case of a juvenile who has been placed in a juvenile correctional facility or a
16secured residential care center for children and youth under the supervision of the
17department of corrections, designate the department of corrections to provide
18community supervision for the juvenile following the juvenile's release from that
19facility or center or, subject to any arrangement between the department of
20corrections and a county department regarding the provision of aftercare
21supervision for juveniles who have been released from a juvenile correctional facility
22or a secured residential care center for children and youth, designate one of the
23following to provide aftercare supervision for the juvenile following the juvenile's
24release from that facility or center:
AB188-ASA1,35
25Section 35
. 938.355 (2) (b) 1. of the statutes is amended to read:
AB188-ASA1,14,3
1938.355
(2) (b) 1.
The specific Specific services to be provided to the juvenile
2and the juvenile's family, and, if custody is to be transferred to effect the treatment
3plan, the identity of the legal custodian.
AB188-ASA1,36
4Section 36
. 938.355 (2) (b) 2. of the statutes is amended to read:
AB188-ASA1,14,145
938.355
(2) (b) 2. If the juvenile is placed outside the home
under s. 938.34 (3)
6or (4d), the name of the place or facility, including transitional placements, where the
7juvenile shall be cared for or treated, except that if the placement is a foster home
8and the name and address of the foster parent is not available at the time of the order,
9the name and address of the foster parent shall be furnished to the court and the
10parent within 21 days after the order. If, after a hearing on the issue with due notice
11to the parent or guardian, the court finds that disclosure of the identity of the foster
12parent would result in imminent danger to the juvenile or the foster parent, the court
13may order the name and address of the prospective foster parents withheld from the
14parent or guardian.
AB188-ASA1,37
15Section 37
. 938.355 (2) (b) 2m. of the statutes is created to read:
AB188-ASA1,14,1816
938.355
(2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
17(4m), the name of the county department that will provide supervision and
18determine placement for the juvenile.
AB188-ASA1,38
19Section 38
. 938.355 (2) (b) 6m. of the statutes is amended to read:
AB188-ASA1,15,220
938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
21under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33
22(1), a statement that the court approves the placement recommended by the agency
23or, if the juvenile is placed outside the home in a placement other than a placement
24recommended by that agency, a statement that the court has given bona fide
1consideration to the recommendations made by the agency and all parties relating
2to the juvenile's placement.
AB188-ASA1,39
3Section 39
. 938.355 (2) (b) 6n. of the statutes is created to read:
AB188-ASA1,15,74
938.355
(2) (b) 6n. If the juvenile is placed outside the home under s. 938.34
5(4m), a statement that the court has given bona fide consideration to the
6recommendations made by the agency and all parties relating to the juvenile's
7placement.
AB188-ASA1,40
8Section 40
. 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
AB188-ASA1,15,139
938.357
(3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c),
10the court may order placement in a Type 1 juvenile correctional facility
under
11supervision of operated by the department of corrections for a juvenile who was
12adjudicated delinquent under s. 938.34 (4m) if the court finds, after a hearing under
13this section, that any of the following apply:
AB188-ASA1,16,214
(c)
Upon Notwithstanding s. 938.34 (4m), upon the recommendation of the
15department of health services, the court may order the placement of a juvenile
under
16par. (b) who was adjudicated delinquent under s. 938.34 (4m) at the Mendota juvenile
17treatment center
if par. (b) 1. a. to c. are met. A court may not order a placement
18under this paragraph at the Mendota juvenile treatment center that the department
19of health services has not approved. A juvenile under the supervision of a county in
20a secured residential care center for children and youth who is transferred to
21Mendota juvenile treatment center under this paragraph remains under the
22supervision of that county. The department of health services shall determine the
23date for the actual transfer of the juvenile to the Mendota juvenile treatment center,
24and no change of placement to the Mendota juvenile treatment center may be
25ordered without the prior agreement of the department of health services to admit
1the juvenile. No further hearing or court order is necessary for the department of
2health services to transfer the juvenile back to the custody of the county department.
AB188-ASA1,41
3Section 41
. 938.357 (3) (e) of the statutes is created to read:
AB188-ASA1,16,94
938.357
(3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility
5under par. (b) is under the supervision of the department of corrections. The change
6of placement order shall designate the department of corrections to provide
7community supervision or the county department to provide aftercare supervision
8for the juvenile following the juvenile's release from the Type 1 juvenile correctional
9facility.
AB188-ASA1,42
10Section 42
. 938.357 (4) (as) of the statutes is created to read:
AB188-ASA1,16,1811
938.357
(4) (as) When a juvenile is placed under the supervision of a county
12department, that department may place the juvenile in a secured residential care
13center for children and youth or on aftercare supervision, either immediately or after
14a period of placement in a secured residential care center for children and youth. The
15county department shall send written notice of any change in placement to the
16parent, guardian, legal custodian, if any, and the court. The county department shall
17be responsible for decisions regarding the release of a juvenile who is under its
18supervision.
AB188-ASA1,43
19Section 43
. 938.357 (4g) (a) of the statutes is amended to read:
AB188-ASA1,17,420
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
21is placed in a juvenile correctional facility or a secured residential care center for
22children and youth, or within 30 days after the date on which the department of
23corrections requests the community supervision or aftercare plan, whichever is
24earlier, the community supervision
provider or
the aftercare provider designated
25under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the
1juvenile. If the juvenile is to be placed on aftercare supervision, the county
2department designated as the aftercare provider shall submit the aftercare plan to
3the department of corrections within the applicable period specified in this
4paragraph, unless the department of corrections waives the period under par. (b).
AB188-ASA1,17,127
938.48
(3) Supervision and special treatment or care. Accept supervision
8over juveniles transferred to it by the court under s. 938.183, 938.34 (4h)
or (4n), or
9938.357 (3) or (4), and provide special treatment or care to juveniles when directed
10by the court. Except as provided in s. 938.505 (2), a court may not direct the
11department to administer psychotropic medications to juveniles who receive special
12treatment or care under this subsection.
AB188-ASA1,18,315
938.48
(4) Care, training, and placement. Provide appropriate care and
16training for juveniles under its supervision under s. 938.183, 938.34 (4h)
or (4n), or
17938.357 (3) or (4), including serving those juveniles in their own homes, placing them
18in licensed foster homes or licensed group homes under s. 48.63 or in independent
19living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed
20child welfare agencies, or replacing them in juvenile correctional facilities or secured
21residential care centers for children and youth in accordance with rules promulgated
22under ch. 227, except that the department may not purchase the educational
23component of private day treatment programs for a juvenile in its custody unless the
24department, the school board, as defined in s. 115.001 (7), and the state
25superintendent of public instruction all determine that an appropriate public
1education program is not available for the juvenile. Disputes between the
2department and the school district shall be resolved by the state superintendent of
3public instruction.
AB188-ASA1,18,76
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
7938.34 (4h)
or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
AB188-ASA1,18,1310
938.48
(5) Moral and religious training. Provide for the moral and religious
11training of a juvenile under its supervision under s. 938.183, 938.34 (4h)
or (4n), or
12938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's
13parents.
AB188-ASA1,18,2116
938.48
(6) Emergency surgery. Consent to emergency surgery under the
17direction of a licensed physician or surgeon for any juvenile under its supervision
18under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4) upon notification by a
19licensed physician or surgeon of the need for the surgery and if reasonable effort,
20compatible with the nature and time limitation of the emergency, has been made to
21secure the consent of the juvenile's parent or guardian.
AB188-ASA1,19,524
938.48
(14) School-related expenses for juveniles over 17. Pay
25maintenance, tuition, and related expenses from the appropriation under s. 20.410
1(3) (ho) for persons who, when they attained 17 years of age, were students regularly
2attending a school, college, or university or regularly attending a course of vocational
3or technical training designed to prepare them for gainful employment, and who
4upon attaining that age were under the supervision of the department under s.
5938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4) as a result of a judicial decision.
AB188-ASA1,50
6Section
50. 938.48 (16) (b) of the statutes is amended to read:
AB188-ASA1,19,167
938.48
(16) (b) Promulgate rules governing services and programming for
8juveniles in a secured residential care center for children and youth. The
department 9rules shall
include uniform data reporting standards for require counties or Indian
10tribes that operate or contract with a child welfare agency for a secured residential
11care center for children and youth
in rules promulgated under this paragraph to
12implement trauma-informed principles and evidence-based practices at the
13facilities and shall include uniform data reporting standards. The department shall
14base the rules it promulgates under this paragraph on the recommendations
15provided by the juvenile corrections study committee under
2017 Wisconsin Act 185,
16section
110 (6) (c) 1.
AB188-ASA1,20,319
938.505
(1) Rights and duties of department of corrections or county
20department. When a juvenile is placed under the supervision of the department of
21corrections under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3), (4), or (5) (e) or under
22the supervision of a county department under s. 938.34 (4m) or (4n), the department
23of corrections or county department, whichever has supervision over the juvenile,
24shall have the right and duty to protect, train, discipline, treat, and confine the
25juvenile and to provide food, shelter, legal services, education, and ordinary medical
1and dental care for the juvenile, subject to the rights, duties, and responsibilities of
2the guardian of the juvenile and subject to any residual parental rights and
3responsibilities and the provisions of any court order.
AB188-ASA1,20,156
938.52
(2) (a) In addition to facilities and services under sub. (1), the
7department of corrections may use other facilities and services under its jurisdiction.
8The department of corrections may contract for and pay for the use of other public
9facilities or private facilities for the care and treatment of juveniles in its care.
10Placement of a juvenile in a private or public facility that is not under the jurisdiction
11of the department of corrections does not terminate that department's supervision
12over the juvenile under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4).
13Placements in institutions for persons with a mental illness or development
14disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
15and ch. 51.
AB188-ASA1,20,1816
(c) The department of corrections may inspect any facility it is using and
17examine and consult with persons under its supervision under s. 938.183, 938.34
18(4h)
or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB188-ASA1,21,2
21938.53 Duration of control of department of corrections over
22delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
23who has been placed under the supervision of the department of corrections under
24s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4) shall be discharged as soon as that
25department determines that there is a reasonable probability that departmental
1supervision is no longer necessary for the rehabilitation and treatment of the
2juvenile or for the protection of the public.
AB188-ASA1,54
3Section 54
. 938.533 (2) (intro.) of the statutes is amended to read:
AB188-ASA1,21,104
938.533
(2) Community supervision services. (intro.) From the appropriation
5under s. 20.410 (3) (hr), the department of corrections shall purchase or provide
6community supervision services for juveniles who have been placed under the
7community supervision of the department of corrections under s.
938.183, 938.34
8(4n) (4h), 938.357
(3) or (4), or 938.538 (3) (a) 2. For each juvenile who is placed under
9community supervision, the department of corrections may purchase or provide any
10of the following services:
AB188-ASA1,21,19
13938.54 Records. The department of corrections shall keep a complete record
14on each juvenile under its supervision under s. 938.183, 938.34 (4h)
, or (4n) or
15938.357
(3) or (4). This record shall include the information received from the court,
16the date of reception, all available data on the personal and family history of the
17juvenile, the results of all tests and examinations given the juvenile, and a complete
18history of all placements of the juvenile while under the supervision of the
19department
of corrections.
AB188-ASA1,56
20Section 56
. 938.57 (4) of the statutes is amended to read:
AB188-ASA1,22,821
938.57
(4) Aftercare supervision. A county department may provide aftercare
22supervision under s. 938.34 (4n) for juveniles who are released from juvenile
23correctional facilities or secured residential care centers for children and youth.
If
24a county department intends to change its policy regarding whether the county
25department will provide aftercare supervision for juveniles released from juvenile
1correctional facilities or secured residential care centers for children and youth or the
2department of corrections will provide community supervision for those juveniles,
3the county executive or county administrator, or, if the county has no county
4executive or county administrator, the chairperson of the county board of
5supervisors, or, for multicounty departments, the chairpersons of the county boards
6of supervisors jointly, shall submit a letter to the department of corrections stating
7that intent before July 1 of the year preceding the year in which the policy change
8will take effect.
AB188-ASA1,57
9Section 57
. 938.78 (3) of the statutes is amended to read:
AB188-ASA1,23,610
938.78
(3) Release of information when escape or absence; rules. If a juvenile
11adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
12of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
13(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11,
14941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298,
15941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g),
16943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or
17948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional
18facility, residential care center for children and youth,
secured residential care center
19for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile
20detention facility, or juvenile portion of a county jail, or from the custody of a peace
21officer or a guard of such a facility, center, or jail, or has been allowed to leave a
22juvenile correctional facility, residential care center for children and youth,
secured
23residential care center for children and youth, inpatient facility, juvenile detention
24facility, or juvenile portion of a county jail for a specified time period and is absent
25from the facility, center, home, or jail for more than 12 hours after the expiration of
1the specified period, the department of corrections or county department, whichever
2has supervision over the juvenile, may release the juvenile's name and any
3information about the juvenile that is necessary for the protection of the public or to
4secure the juvenile's return to the facility, center, home, or jail. The department of
5corrections shall promulgate rules establishing guidelines for the release of the
6juvenile's name or information about the juvenile to the public.
AB188-ASA1,23,2110[
2017 Wisconsin Act 185] Section 110
(1) (a) Upon the establishment of the Type
111 juvenile correctional facilities under subsection (7) and the secured residential care
12centers for children and youth under subsections (4) and (7m), the department of
13corrections shall begin to transfer each juvenile held in secure custody at the Lincoln
14Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional
15facility or secured residential care center for children and youth. No juvenile may
16be transferred to a Type 1 juvenile correctional facility until the department of
17corrections determines the facility to be ready to accept juveniles, and no juvenile
18may be transferred to a secured residential care center for children and youth until
19the entity operating the facility determines it to be ready to accept juveniles. The
20transfers may occur in phases. The department shall transfer all juveniles under
21this subsection no later than
January July 1, 2021.
AB188-ASA1,24,323[
2017 Wisconsin Act 185] Section 110
(2) (a) On the earlier of the date on which
24all juveniles have been transferred to secured residential care centers for children
25and youth and Type 1 juvenile correctional facilities under subsection (1) or
January,
1July 1, 2021, the department of corrections shall permanently close the Type 1
2juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake
3School in the town of Birch, Lincoln County.
AB188-ASA1,24,85[
2017 Wisconsin Act 185] Section 110 (3) (c)
Termination. The juvenile
6corrections grant committee terminates on the earlier of the date on which all
7projects funded with grants under subsection (4) are completed or
January July 1,
82021.
AB188-ASA1,24,1310[
2017 Wisconsin Act 185] Section 110 (4) (a) 1. c. A grant to pay 100 percent of
11the costs of designing and constructing a secured residential care center for children
12and youth
only for female juveniles or any portion
thereof that is
only intended
13primarily for
the holding and treatment of female juveniles.
AB188-ASA1,24,1915[
2017 Wisconsin Act 185] Section 110 (4) (d)
Deadline. Grant applications are
16due no later than
March 31 June 30, 2019. Between that date and
June 30 17September 30, 2019, the juvenile corrections grant committee may work with
18applicants to modify their applications in order to increase the likelihood of being
19awarded a grant.
AB188-ASA1,25,421[
2017 Wisconsin Act 185] Section 110 (4) (e)
Wisconsin model of juvenile justice;
22statewide plan. The juvenile corrections grant committee shall develop a statewide
23plan that recommends which grant applications to approve, based on an overall view
24toward a Wisconsin model of juvenile justice. The committee shall consult with the
25departments of corrections and children and families on the statewide plan
and may
1not recommend approval of an application unless the department of corrections
2approves the plans and specifications for the site and the design and construction of
3the proposed secured residential care center for children and youth under section
4301.37 of the statutes.
AB188-ASA1,25,116[
2017 Wisconsin Act 185] Section 110 (4) (f)
Plan approval. No later than
July 7October 1, 2019, the juvenile corrections grant committee shall submit the plan
8under paragraph (e) for approval to the joint committee on finance. The juvenile
9corrections grant committee and the department of corrections may not implement
10the plan until it is approved by the joint committee on finance, as submitted or as
11modified.
AB188-ASA1,25,1413[
2017 Wisconsin Act 185] Section 110 (6) (e)
Termination. The juvenile
14corrections study committee terminates on
January
July 1, 2021.
AB188-ASA1,25,2216[
2017 Wisconsin Act 185] Section 110 (7)
Type 1 juvenile correctional
17facilities. The department of corrections shall establish or construct the Type 1
18juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later
19than
January July 1, 2021, subject to the approval of the joint committee on finance.
20The department shall consider the recommendations of the juvenile corrections
21study committee under subsection (6) (c) 2. in establishing or constructing these
22facilities.
AB188-ASA1,26,424[
2017 Wisconsin Act 185] Section 110 (7m) (b) 1. Notwithstanding section
25938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on
January
1July 1, 2021, the portion of an eligible juvenile detention facility that holds juveniles
2who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is
3a secured residential care center for children and youth and juveniles may be placed
4there under section 938.34 (4m) of the statutes.
AB188-ASA1,26,95
2. Notwithstanding subdivision 1., on
January
July 1, 2021, the portion of an
6eligible juvenile detention facility that holds juveniles who are placed under section
7938.34 (3) (f) of the statutes for more than 30 days is, with respect to a juvenile placed
8under section 938.34 (3) (f) of the statutes prior to
January July 1, 2021, a juvenile
9detention facility.
AB188-ASA1,26,1311[
2017 Wisconsin Act 185] Section 111 (3) The treatment of section 938.34 (3) (f)
121. of the statutes, with respect to an eligible juvenile detention facility under
Section 13110 (7m), first applies to a juvenile adjudicated delinquent on
January July 1, 2021.
AB188-ASA1,26,2315[
2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p)
16(by
Section 13), 46.057 (1) (by
Section 15), 48.023 (4) (by
Section 20), 49.11 (1c) (by
17Section 27), 49.45 (25) (bj) (by
Section 29), 301.01 (1n) (by
Section 35), 301.20,
18938.02 (4) (by
Section 50), 938.34 (2) (a) (by
Section 57) and (b) (by
Section 59) and
19(4m) (intro.) (by
Section 62), 938.48 (3) (by
Section 78), (4) (by
Section 80), (4m) (b)
20(by
Section 82), (5) (by
Section 84), (6) (by
Section 86), and (14) (by
Section 88),
21938.505 (1) (by
Section 96), 938.52 (2) (a) and (c) (by
Section 98), 938.53 (by
Section 22100), and 938.54 (by
Section 107) of the statutes takes effect on the date specified
23in the notice under
Section 110 (2) (b) or
January July 1, 2021, whichever is earlier.
AB188-ASA1,26,2525
(1)
Temporary change in placement without a hearing.
AB188-ASA1,27,7
1(a)
The department of corrections may, using the procedure set forth in s.
2938.357 (4) (am), place a juvenile who is placed in the Type 1 juvenile correctional
3facility known as Lincoln Hills School or Copper Lake School on the effective date of
4this paragraph in a juvenile detention facility under s. 938.22 (2) (d) 1. If the
5department of corrections places a juvenile in a juvenile detention facility under this
6paragraph, the department of corrections shall contract with the operating entity for
7the care and services provided under s. 301.08.
AB188-ASA1,27,138
(b)
Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile
9detention facility under par. (a
) for a period longer than 365 days, and shall be
10transferred out of the juvenile detention facility using the procedure and by the date
11required under
2017 Wisconsin Act 185, section
110 (1). The department of
12corrections shall transfer all juveniles placed in a juvenile detention facility under
13par. (a) out of the juvenile detention facility no later than July 1, 2021.
AB188-ASA1,27,1714
(2)
Secured residential care centers for children and youth; variance for
15cost-saving measures. The department of corrections shall grant a variance from the
16rules promulgated under s. 301.37 requested by a county for a secured residential
17care center for children and youth if all of the following apply:
AB188-ASA1,27,2218
(a)
The juvenile corrections grant committee determines that the variance is
19necessary to achieve a reasonable cost-saving measure that will not compromise the
20quality or type of evidence-based, trauma-informed care that is offered at the
21facility or determines that the variance is necessary to incorporate new practices of
22evidence-based, trauma-informed care at the facility.
AB188-ASA1,27,2523
(b) The juvenile corrections grant committee includes the variance in its
24recommendations for funding to the joint committee on finance under
2017
25Wisconsin Act 185,
Section 110 (4) (e).