AB188,9,63
938.02
(4) “Department" means the department of children and families except
4that with respect to a juvenile who is under the supervision of the department of
5corrections under s. 938.183, 938.34 (4h)
, (4n), or (7g), or 938.357 (3) or (4),
6“department" means the department of corrections.
AB188,22
7Section 22
. 938.02 (15g) of the statutes is amended to read:
AB188,9,118
938.02
(15g) “Secured residential care center for children and youth" means
9a facility operated by an Indian tribe or a county under ss. 46.20, 59.53 (8m),
301.26,
10301.27 301.36, 301.37, and 938.22 (1) (a) or by a child welfare agency that is licensed
11under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.
AB188,23
12Section 23
. 938.22 (1) (a) of the statutes is amended to read:
AB188,9,2513
938.22
(1) (a) The county board of supervisors of a county may establish a
14juvenile detention facility or secured residential care center for children and youth
15in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or
16more counties may jointly establish a juvenile detention facility or secured
17residential care center for children and youth in accordance with ss. 46.20, 59.53
18(8m), 301.36, and 301.37. An Indian tribe may establish a secured residential care
19center for children and youth in accordance with ss. 301.36 and 301.37
or may
20contract with a county board of supervisors to hold juveniles who are adjudicated
21delinquent by the tribal court in that county's secured residential care center for
22children and youth. The county board of supervisors of a county may establish a
23shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards
24of supervisors for 2 or more counties may jointly establish a shelter care facility in
25accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a
1juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with
2one or more county boards of supervisors under s. 938.222 to hold juveniles in the
3private juvenile detention facility. Subject to ss. 48.66 (1) (b), 301.36, and 301.37, a
4child welfare agency may establish a secured residential care center for children and
5youth and contract with one or more county boards of supervisors
or an Indian tribe 6to hold juveniles in the secured residential care center for children and youth.
AB188,24
7Section
24. 938.22 (2) (d) 2. of the statutes is amended to read:
AB188,10,178
938.22
(2) (d) 2. After
January
July 1, 2021, the number of juveniles that may
9be housed at a juvenile detention facility under subd. 1. is limited to the number that
10are housed at is equal to the average daily population of juveniles housed under subd.
111., rounded up to the nearest whole number, of the juvenile detention facility
on
12January 1 between July 1, 2018, and June 30, 2021,
excluding any juveniles placed
13there under 2019 Wisconsin Act .... (this act), section 67 (1
), and the juvenile
14detention facility may not be altered or added to or repaired in excess of 50 percent
15of its assessed value. If a juvenile detention facility violates this subdivision, it is no
16longer authorized to accept juveniles for placement for more than 30 consecutive
17days.
AB188,25
18Section 25
. 938.33 (1) (c) of the statutes is amended to read:
AB188,10,2419
938.33
(1) (c) A description of the specific services or continuum of services that
20the agency is recommending
the court to order for the juvenile or family, the persons
21or agencies that would be primarily responsible for providing those services, and the
22identity of the person or agency that would provide case management or coordination
23of services, if any, and whether or not the juvenile should receive a coordinated
24services plan of care.
AB188,26
25Section 26
. 938.33 (3r) of the statutes is amended to read:
AB188,11,10
1938.33
(3r) Serious juvenile offender report. If a juvenile has been
2adjudicated delinquent for committing a violation for which the juvenile may be
3placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
4shall be in writing and, in addition to the information specified in sub. (1) and in sub.
5(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
6placement in the serious juvenile offender program under s. 938.34 (4h) or in a
7juvenile correctional facility secured residential care center for children and youth 8under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the
9juvenile's home with supervision and community-based programming and a
10recommendation as to the type of placement for which the juvenile is best suited.
AB188,27
11Section 27
. 938.33 (6) of the statutes is created to read:
AB188,11,1512
938.33
(6) Retention. Reports submitted under this section shall be retained
13in the record of the pending action, which shall be made available to the agency that
14is designated to supervise the juvenile under a disposition under s. 938.34 or a
15change of placement order under s. 938.357.
AB188,28
16Section 28
. 938.34 (4m) (intro.) of the statutes is amended to read:
AB188,11,2117
938.34
(4m) Correctional placement. (intro.) Place the juvenile
under the
18supervision of the department of corrections in a juvenile correctional facility or
19under the supervision of the county department in a secured residential care center
20for children and youth
under the supervision of
identified by the county department
21or the department of corrections if all of the following apply:
AB188,12,3
1938.34
(4m) Correctional placement. (intro.) Place the juvenile under the
2supervision of the county department in a secured residential care center for children
3and youth identified by the county department if all of the following apply:
AB188,30
4Section 30
. 938.34 (4n) (intro.) of the statutes is amended to read:
AB188,12,195
938.34
(4n) Community supervision or aftercare Aftercare supervision. 6(intro.) In the case of a juvenile who has received a correctional placement under sub.
7(4m), designate
the county department one of the following to provide aftercare
8supervision for the juvenile following the juvenile's release from a secured
9residential care center for children and youth or Type 1 juvenile correctional facility
.
10In the case of a juvenile who has been placed in a juvenile correctional facility or a
11secured residential care center for children and youth under the supervision of the
12department of corrections, designate the department of corrections to provide
13community supervision for the juvenile following the juvenile's release from that
14facility or center or, subject to any arrangement between the department of
15corrections and a county department regarding the provision of aftercare
16supervision for juveniles who have been released from a juvenile correctional facility
17or a secured residential care center for children and youth, designate one of the
18following to provide aftercare supervision for the juvenile following the juvenile's
19release from that facility or center:
AB188,31
20Section 31
. 938.355 (2) (b) 1. of the statutes is amended to read:
AB188,12,2321
938.355
(2) (b) 1.
The specific
Specific services to be provided to the juvenile
22and the juvenile's family, and, if custody is to be transferred to effect the treatment
23plan, the identity of the legal custodian.
AB188,32
24Section 32
. 938.355 (2) (b) 2. of the statutes is amended to read:
AB188,13,10
1938.355
(2) (b) 2. If the juvenile is placed outside the home
under s. 938.34 (3)
2or (4d), the name of the place or facility, including transitional placements, where the
3juvenile shall be cared for or treated, except that if the placement is a foster home
4and the name and address of the foster parent is not available at the time of the order,
5the name and address of the foster parent shall be furnished to the court and the
6parent within 21 days after the order. If, after a hearing on the issue with due notice
7to the parent or guardian, the court finds that disclosure of the identity of the foster
8parent would result in imminent danger to the juvenile or the foster parent, the court
9may order the name and address of the prospective foster parents withheld from the
10parent or guardian.
AB188,33
11Section 33
. 938.355 (2) (b) 2m. of the statutes is created to read:
AB188,13,1412
938.355
(2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
13(4m), the name of the county department that will provide supervision and
14determine placement for the juvenile.
AB188,34
15Section 34
. 938.355 (2) (b) 6m. of the statutes is amended to read:
AB188,13,2216
938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
17under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33
18(1), a statement that the court approves the placement recommended by the agency
19or, if the juvenile is placed outside the home in a placement other than a placement
20recommended by that agency, a statement that the court has given bona fide
21consideration to the recommendations made by the agency and all parties relating
22to the juvenile's placement.
AB188,35
23Section 35
. 938.355 (2) (b) 6n. of the statutes is created to read:
AB188,14,224
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.
AB188,36
3Section 36
. 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
AB188,14,84
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:
AB188,14,189
(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.
AB188,37
19Section 37
. 938.357 (3) (e) and (f) of the statutes are created to read:
AB188,14,2520
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.
AB188,15,3
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.
AB188,38
4Section 38
. 938.357 (4) (as) of the statutes is created to read:
AB188,15,125
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.
AB188,39
13Section 39
. 938.357 (4g) (a) of the statutes is amended to read:
AB188,15,2314
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).
AB188,16,6
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.
AB188,16,229
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.
AB188,17,2
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.
AB188,17,85
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.
AB188,17,1611
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.
AB188,17,2519
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.
AB188,18,123
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.
AB188,18,2415
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.
AB188,19,3
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.
AB188,19,12
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.
AB188,49
13Section 49
. 938.533 (2) (intro.) of the statutes is amended to read:
AB188,19,2014
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:
AB188,20,4
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.
AB188,51
5Section 51
. 938.57 (4) of the statutes is amended to read:
AB188,20,186
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.
AB188,52
19Section 52
. 938.78 (3) of the statutes is amended to read:
AB188,21,1620
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.
AB188,22,620[
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.
AB188,22,138[
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.
AB188,22,1815[
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.
AB188,22,2320[
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.
AB188,23,5
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.
AB188,23,157[
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.
AB188,23,2217[
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.
AB188,23,2524[
2017 Wisconsin Act 185] Section 110 (6) (e)
Termination. The juvenile
25corrections study committee terminates on
January
July 1, 2021.
AB188,24,82[
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.
AB188,24,1510[
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.
AB188,24,2016
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.