AB68,3199 Section 3199 . 938.355 (4) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1668,3 938.355 (4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 19th birthday, whichever is earlier, unless the court terminates the order sooner.

AB68,1668,7 2. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4m), or (4n) made before the juvenile becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68,1668,10 4. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4m), or (4n) may be granted for a juvenile who becomes an adult by the time the original dispositional order terminates.

AB68,3200 Section 3200. 938.355 (4) (b) 5. of the statutes is created to read:

AB68,1668,15 938.355 (4) (b) 5. An order under ss. 938.34 (4p) and 938.369 (3) shall terminate on the juvenile's 23rd birthday, or, if the juvenile was convicted of a violation or attempted violation of s. 940.01, the juvenile's 25th birthday unless the court specifies a shorter period of time or the court terminates the order sooner.

AB68,3201 Section 3201 . 938.355 (4m) (a) of the statutes is amended to read:

AB68,1668,22 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB68,3202 Section 3202. 938.355 (6) (a) 1. of the statutes is amended to read:

AB68,1669,3 938.355 (6) (a) 1. Except as provided in subd. subds. 3. and 4., if a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d).

AB68,3203 Section 3203. 938.355 (6) (a) 4. of the statutes is created to read:

AB68,1669,6 938.355 (6) (a) 4. The court may only place a juvenile in a juvenile detention facility or juvenile portion of a county jail under subd. 1. if all of the following apply:

AB68,1669,7 a. The court finds that the juvenile poses a threat to public safety.

AB68,1669,9 b. The underlying offense for which the juvenile court order was imposed is not a status offense.

AB68,3204 Section 3204. 938.355 (6) (d) 1. of the statutes is renumbered 938.355 (6) (d) 1. (intro.) and amended to read:

AB68,1670,2 938.355 (6) (d) 1. (intro.) Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile. A court may order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under this subdivision only if all of the following apply:

AB68,3205 Section 3205. 938.355 (6) (d) 1. a. and b. of the statutes are created to read:

AB68,1670,5 938.355 (6) (d) 1. a. The court finds that the juvenile poses a threat to public safety.

AB68,1670,7 b. The underlying offense for which the dispositional order was imposed is not a status offense.

AB68,3206 Section 3206. 938.355 (6d) (a) 1. of the statutes is amended to read:

AB68,1670,18 938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated.

AB68,3207 Section 3207. 938.355 (6d) (a) 2. of the statutes is amended to read:

AB68,1671,10 938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to subds. 2g., 2m., 2p., and 2r., if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

AB68,3208 Section 3208. 938.355 (6d) (a) 2p. of the statutes is created to read:

AB68,1671,14 938.355 (6d) (a) 2p. A court may only order placement of a juvenile in a juvenile detention facility or juvenile portion of a county jail under under subd. 1. or 2. if all of the following apply:

AB68,1671,15 a. The court finds that the juvenile poses a threat to public safety.

AB68,1671,17 b. The underlying offense for which the delinquency order was imposed is not a status offense.