AB68-SSA1,3180
23Section
3180. 938.33 (3) (c) of the statutes is created to read:
AB68-SSA1,1463,424
938.33
(3) (c) A recommendation for the specific juvenile correctional facility
25or secured residential care center for children and youth in which the juvenile should
1be placed. An agency recommending placement of the juvenile under the supervision
2of the department of corrections in a juvenile correctional facility shall, in
3consultation with the department of corrections, base its recommendation on an
4assessment of the juvenile's needs.
AB68-SSA1,3181
5Section 3181
. 938.33 (3r) of the statutes is repealed.
AB68-SSA1,3182
6Section
3182. 938.33 (4) (cm) of the statutes is created to read:
AB68-SSA1,1463,87
938.33
(4) (cm) A statement indicating whether the recommended placement
8is certified under s. 48.675.
AB68-SSA1,3183
9Section
3183. 938.33 (4) (cr) of the statutes is created to read:
AB68-SSA1,1463,1510
938.33
(4) (cr) 1. If the report recommends placement of a juvenile in a
11residential care center for children and youth, group home, or shelter care facility
12certified under s. 48.675, except as provided in subd. 2., the report shall contain the
13results of the standardized assessment and the recommendation of the qualified
14individual who conducted the standardized assessment, including all of the
15following:
AB68-SSA1,1463,1716
a. Whether the proposed placement will provide the juvenile with the most
17effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1463,1918
b. How the placement is consistent with the short-term and long-term goals
19for the juvenile, as specified in the permanency plan.
AB68-SSA1,1463,2220
c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
21family or in a foster home. A shortage or lack of foster homes is not an acceptable
22reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1463,2523
d. The placement preference of the family permanency team under s. 938.38
24(3m) and, if that preference is not the placement recommended by the qualified
25individual, why that recommended placement is not preferred.
AB68-SSA1,1464,4
12. If the information under subd. 1. is not available at the time of the report,
2the agency shall submit it by the date of the dispositional hearing or, if it is not
3available on that date, no later than 30 days after the date on which the placement
4was made.
AB68-SSA1,3184
5Section
3184. 938.34 (intro.) of the statutes is amended to read:
AB68-SSA1,1464,15
6938.34 Disposition of juvenile adjudged delinquent. (intro.) If the court
7adjudges a juvenile delinquent, the court shall enter an order deciding one or more
8of the dispositions of the case as provided in this section under a care and treatment
9plan. A disposition under sub. (4m) must be combined with a disposition under sub.
10(4n)
, and a disposition under sub. (4p) must be combined with a disposition under
11subs. (4m) and (4n). In deciding the dispositions for a juvenile who is adjudicated
12delinquent, the court shall consider the seriousness of the act for which the juvenile
13is adjudicated delinquent and may consider any other delinquent act that is read into
14the record and dismissed at the time of the adjudication. The dispositions under this
15section are:
AB68-SSA1,3185
16Section
3185. 938.34 (3) (f) 1. of the statutes is amended to read:
AB68-SSA1,1464,2317
938.34
(3) (f) 1. The placement may be for any combination of single or
18consecutive days totalling not more than
365 in a juvenile detention facility under
19s. 938.22 (2) (d) 1. and may be for no more than 30 consecutive days in any other
20juvenile detention facility 30, including any placement under pars. (a) to (e). The
21juvenile shall be given credit against the period of detention or nonsecure custody
22imposed under this paragraph for all time spent in secure detention in connection
23with the course of conduct for which the detention or nonsecure custody was imposed.
AB68-SSA1,3186
24Section 3186
. 938.34 (3g) of the statutes is amended to read:
AB68-SSA1,1465,3
1938.34
(3g) Electronic monitoring. Monitoring by an electronic monitoring
2system for a juvenile subject to an order under sub. (2), (2r), (3) (a) to (e),
(4h) or (4n)
3who is placed in the community.
AB68-SSA1,3187
4Section
3187
. 938.34 (4d) of the statutes, as affected by 2021 Wisconsin Act
5.... (this act), is repealed.
AB68-SSA1,3188
6Section 3188
. 938.34 (4d) (b) of the statutes is amended to read:
AB68-SSA1,1465,137
938.34
(4d) (b) The juvenile has been found to be a danger to the public and to
8be in need of restrictive custodial treatment. If the court determines that any of the
9conditions specified in sub. (4m) (b) 1., 2., or 3. applies, but that placement in
the 10serious juvenile offender program under sub. (4h) or in a juvenile correctional facility
11under sub. (4m) would not be appropriate, that determination shall be prima facie
12evidence that the juvenile is a danger to the public and in need of restrictive custodial
13treatment under this subsection.
AB68-SSA1,3189
14Section 3189
. 938.34 (4h) of the statutes is repealed.
AB68-SSA1,1465,2017
938.34
(4m) Correctional placement. (intro.) Place the juvenile under the
18supervision of the
department of corrections in a juvenile correctional facility or the 19county department in a secured residential care center for children and youth
20identified by the county department if all of the following apply:
AB68-SSA1,3191
21Section 3191
. 938.34 (4m) (b) (intro.) of the statutes is amended to read:
AB68-SSA1,1466,222
938.34
(4m) (b) (intro.) The juvenile has been found to be a danger to the public
23and to be in need of restrictive custodial treatment. If the court determines that any
24of the following conditions applies,
but that placement in the serious juvenile
25offender program under sub. (4h) is not appropriate, that determination shall be
1prima facie evidence that the juvenile is a danger to the public and in need of
2restrictive custodial treatment under this subsection:
AB68-SSA1,3192
3Section 3192
. 938.34 (4m) (b) 2. of the statutes is amended to read:
AB68-SSA1,1466,84
938.34
(4m) (b) 2. The juvenile has possessed, used or threatened to use a
5handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
6defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
7while committing a delinquent act that would be a felony under ch. 940 if committed
8by an adult.
AB68-SSA1,3193
9Section 3193
. 938.34 (4m) (c) of the statutes is created to read: