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.