SB111,1708,116
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
7committing an act that would be a Class A felony if committed by an adult, placement
8in a
Type 1 juvenile correctional facility or a secured residential care center for
9children and youth until the participant reaches 25 years of age, unless the
10participant is released sooner, subject to a mandatory minimum period of
11confinement of not less than one year.
SB111,3305
12Section 3305
. 938.538 (3) (a) 2. of the statutes is amended to read:
SB111,1708,1413
938.538
(3) (a) 2. Intensive or other field supervision, including
community
14supervision under s. 938.533 aftercare supervision provided by a county department.
SB111,3306
15Section 3306
. 938.538 (3) (b) of the statutes is amended to read:
SB111,1708,2116
938.538
(3) (b) The department may provide the sanctions under par. (a) in any
17order, may provide more than one sanction at a time and may return to a sanction
18that was used previously for a participant. Notwithstanding ss. 938.357
, and 19938.363
and 938.533 (3), a participant is not entitled to a hearing regarding the
20department's exercise of authority under this subsection unless the department
21provides for a hearing by rule.
SB111,3307
22Section 3307
. 938.538 (4) (a) of the statutes is amended to read:
SB111,1709,1323
938.538
(4) (a) A participant in the program under this section is under the
24supervision and control of the department of corrections, is subject to the rules and
25discipline of that department, and is considered to be in custody, as defined in s.
1946.42 (1) (a).
Notwithstanding ss. 938.19 to 938.21, if a participant violates a
2condition of his or her participation in the program under sub. (3) (a) 2. to 9. while
3placed in a Type 2 juvenile correctional facility the department of corrections may,
4without a hearing, take the participant into custody and return him or her to
5placement in a Type 1 juvenile correctional facility or a secured residential care
6center for children and youth. Any intentional failure of a participant to remain
7within the extended limits of his or her placement while participating in the serious
8juvenile offender program or to return within the time prescribed by the
9administrator of the division of intensive sanctions in the department of corrections
10is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a
11juvenile who has violated a condition of the juvenile's participation in the program
12under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19
13to 938.21.
SB111,3308
14Section 3308
. 938.538 (4) (b) of the statutes is repealed.
SB111,3309
15Section 3309
. 938.538 (5) (a) of the statutes is amended to read:
SB111,1709,2116
938.538
(5) (a) The office of juvenile offender review in the division of juvenile
17corrections in the department of corrections may release a participant to
community
18aftercare supervision under s. 301.03 (10) (d)
at any time after the participant has
19completed 2 years of participation in the serious juvenile offender program.
20Community supervision of the participant shall be provided by the department of
21corrections.
SB111,3310
22Section 3310
. 938.539 of the statutes is repealed.
SB111,3311
23Section 3311
. 938.54 of the statutes is amended to read:
SB111,1710,5
24938.54 Records. The department of corrections shall keep a complete record
25on each juvenile under its supervision under
s. 938.183, 938.34 (4h), (4m), or (4n) or
1938.357 (3) or (4) a court order under this chapter. This record shall include the
2information received from the court, the date of reception, all available data on the
3personal and family history of the juvenile, the results of all tests and examinations
4given the juvenile, and a complete history of all placements of the juvenile while
5under the supervision of the department of corrections.
SB111,3312
6Section 3312
. 938.54 of the statutes, as affected by
2019 Wisconsin Act 8 and
72021 Wisconsin Act .... (this act), is repealed and recreated to read:
SB111,1710,13
8938.54 Records. The department of corrections shall keep a complete record
9on each juvenile under its supervision under a court order under this chapter. This
10record shall include the information received from the court, the date of reception,
11all available data on the personal and family history of the juvenile, the results of all
12tests and examinations given the juvenile, and a complete history of all placements
13of the juvenile while under the supervision of the department of corrections.
SB111,3313
14Section 3313
. 938.57 (3) (title) of the statutes is amended to read:
SB111,1710,1615
938.57
(3) (title)
Continuing maintenance for juveniles over 17 who become
16adults.
SB111,3314
17Section 3314
. 938.57 (3) (a) (intro.) of the statutes is amended to read:
SB111,1710,2018
938.57
(3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
19counties may provide funding for the maintenance of any
juvenile person who meets
20all of the following qualifications:
SB111,3315
21Section 3315
. 938.57 (3) (a) 1. of the statutes is amended to read:
SB111,1710,2222
938.57
(3) (a) 1. Is
17 years of age or older an adult.
SB111,3316
23Section 3316
. 938.57 (3) (a) 3. of the statutes is amended to read:
SB111,1710,2524
938.57
(3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
25his or her 17th birthday becoming an adult.
SB111,3317
1Section
3317. 938.57 (3) (b) of the statutes is amended to read:
SB111,1711,42
938.57
(3) (b) The funding provided for the maintenance of a
juvenile person 3under par. (a) shall be in an amount equal to that which the
juvenile person would
4receive under s. 48.569 (1) (d) if the
person were a juvenile
were 16 years of age.
SB111,3318
5Section 3318
. 938.59 (1) of the statutes is amended to read:
SB111,1711,186
938.59
(1) Investigation and examination. The county department shall
7investigate the personal and family history and environment of any juvenile
8transferred to its legal custody or placed under its supervision under s. 938.34 (2),
9(4d), (4m), or (4n) and make any physical or mental examinations of the juvenile
10considered necessary to determine the type of care necessary for the juvenile. The
11county department shall screen a juvenile who is examined to determine whether the
12juvenile is in need of special treatment or care because of alcohol or other drug abuse,
13mental illness, or severe emotional disturbance. The county department shall keep
14a complete record of the information received from the court, the date of reception,
15all available data on the personal and family history of the juvenile, the results of all
16tests and examinations given the juvenile, and a complete history of all placements
17of the juvenile while in the legal custody or under the supervision of the county
18department.
SB111,3319
19Section 3319
. 938.595 of the statutes is amended to read:
SB111,1711,25
20938.595 Duration of control of county departments over delinquents. 21A juvenile who has been adjudged delinquent and placed under the supervision of
22a county department under s. 938.34 (2),
(4d), (4m), or (4n) shall be discharged as
23soon as the county department determines that there is a reasonable probability that
24it is no longer necessary either for the rehabilitation and treatment of the juvenile
25or for the protection of the public that the county department retain supervision.