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.