SB111,1684,723
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
24is placed in a juvenile correctional facility or a secured residential care center for
25children and youth, or within 30 days after the date on which the department of
1corrections requests the
community supervision or aftercare plan, whichever is
2earlier, the
community supervision provider or the aftercare provider designated
3under s. 938.34 (4n) shall prepare
a community supervision or an aftercare plan for
4the juvenile.
If the juvenile is to be placed on aftercare supervision, the The county
5department designated as the aftercare provider shall submit the aftercare plan to
6the department of corrections within the applicable period specified in this
7paragraph, unless the department of corrections waives the period under par. (b).
SB111,3236
8Section 3236
. 938.357 (4g) (b) of the statutes is amended to read:
SB111,1684,189
938.357
(4g) (b) The department of corrections may waive the period within
10which
a community supervision plan or an aftercare plan must be prepared and
11submitted under par. (a) if
that department the department of corrections 12anticipates that the juvenile will remain in the juvenile correctional facility or
13secured residential care center for children and youth for a period exceeding 8
14months or if the juvenile is subject to s. 938.183. If the department of corrections
15waives that period, the designated
community supervision or aftercare provider
16shall prepare the
community supervision or aftercare plan within 30 days after the
17date on which the department of corrections requests the
community supervision or 18aftercare plan.
SB111,3237
19Section 3237
. 938.357 (4g) (c) (intro.), 2., 3. and 4. of the statutes are amended
20to read:
SB111,1684,2221
938.357
(4g) (c) (intro.)
A community supervision or An aftercare plan shall
22include all of the following:
SB111,1684,2423
2. The conditions, if any, under which the juvenile's
community supervision or 24aftercare status may be revoked.
SB111,1685,2
13. Services or programming to be provided to the juvenile while on
community
2supervision or aftercare supervision.
SB111,1685,43
4. The estimated length of time that
community supervision and services or 4aftercare supervision and services shall be provided to the juvenile.
SB111,3238
5Section 3238
. 938.357 (4g) (d) of the statutes is amended to read:
SB111,1685,96
938.357
(4g) (d) A juvenile may be released from a juvenile correctional facility
7or a secured residential care center for children and youth whether or not
a
8community supervision or an aftercare plan has been prepared under this
9subsection.
SB111,3239
10Section 3239
. 938.357 (4m) of the statutes is amended to read:
SB111,1685,1611
938.357
(4m) Release to community supervision or aftercare supervision. 12The department of corrections
shall try to release a juvenile to community
13supervision and the or the county department with supervision of a juvenile shall try
14to release the juvenile to aftercare supervision under sub. (4) within 30 days after the
15date on which the department of corrections or county department determines the
16juvenile is eligible for the release.
SB111,3240
17Section 3240
. 938.357 (5) (title) of the statutes is amended to read:
SB111,1685,1918
938.357
(5) (title)
Revocation of
community supervision or aftercare
19supervision.
SB111,3241
20Section 3241
. 938.357 (5) (a) of the statutes is amended to read:
SB111,1686,221
938.357
(5) (a)
If a juvenile has been placed on community supervision, the
22department of corrections may revoke the community supervision status of that
23juvenile as provided in this subsection. If a juvenile has been placed on aftercare
24supervision, the county department that has been designated as a juvenile's
25aftercare provider may revoke the aftercare status of that juvenile as provided in this
1subsection. Prior notice of a change in placement under sub. (1) (am) 1. is not
2required.
SB111,3242
3Section 3242
. 938.357 (5) (b) of the statutes is amended to read:
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938.357
(5) (b)
A juvenile on community supervision status may be taken into
5custody only as provided in ss. 938.19 to 938.21 or 938.533 (3) (a). A juvenile on
6aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21
7or 938.355 (6d) (b).
SB111,3243
8Section 3243
. 938.357 (5) (d) of the statutes is amended to read:
SB111,1686,149
938.357
(5) (d) A hearing on the revocation shall be conducted by the division
10of hearings and appeals in the department of administration within 30 days after the
11juvenile is taken into custody for an alleged violation of a condition of the juvenile's
12community supervision or aftercare supervision. This period may be waived only
13upon the agreement of the
community supervision or aftercare provider, the juvenile,
14and the juvenile's counsel.
SB111,3244
15Section 3244
. 938.357 (5) (e) of the statutes is amended to read:
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938.357
(5) (e) If the hearing examiner finds that the juvenile has violated a
17condition of
community supervision or aftercare supervision, the hearing examiner
18shall determine whether confinement in a juvenile correctional facility or a secured
19residential care center for children and youth is necessary to protect the public, to
20provide for the juvenile's rehabilitation, or to not depreciate the seriousness of the
21violation.
SB111,3245
22Section 3245
. 938.357 (5) (g) of the statutes is amended to read:
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938.357
(5) (g) The department of corrections shall promulgate rules setting
24standards to be used by a hearing examiner to determine whether to revoke a
25juvenile's
community supervision or aftercare status. The standards shall specify
1that the burden is on the
department of corrections or county department seeking
2revocation to show by a preponderance of the evidence that the juvenile violated a
3condition of
community supervision or aftercare supervision.
SB111,3246
4Section 3246
. 938.357 (5d) of the statutes is created to read:
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938.357
(5d) Revocation of extended juvenile probation and extended
6juvenile supervision. Notwithstanding ss. 973.10 (2) and 301.113 (9), if a juvenile
7who is subject to an extended juvenile disposition under ss. 938.34 (4p) and 938.369
8(3) and is placed on extended juvenile probation or extended juvenile supervision
9violates a condition of probation or extended supervision, the department of
10corrections may initiate a revocation proceeding before the division of hearings and
11appeals in the department of administration. A hearing examiner for the division
12shall conduct an administrative hearing and enter an order either revoking or not
13revoking probation or extended supervision. An order entered under this subsection
14shall provide one of the following:
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(a) If extended juvenile probation is revoked, order the juvenile to confinement
16specified in the extended juvenile disposition. If the extended juvenile disposition
17did not specify a term of confinement, the order shall refer the matter to the court,
18which shall revise the extended juvenile disposition and order a term of confinement
19in accordance with s. 938.369 (3) (b) or (c).
SB111,1687,2420
(b) If extended juvenile supervision is revoked, order the juvenile to be returned
21to extended juvenile confinement for the remainder of the extended juvenile
22disposition entered under s. 938.369 (3). A juvenile returned to confinement under
23this paragraph remains subject to the department of correction's authority to release
24the juvenile under s. 301.03 (10) (d) or to discharge the juvenile under s. 938.53.
SB111,3247
25Section 3247
. 938.365 (5) (a) of the statutes is amended to read: