AB68,3245 22Section 3245. 938.357 (5) (g) of the statutes is amended to read:
AB68,1687,323 938.357 (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.
AB68,3246 4Section 3246. 938.357 (5d) of the statutes is created to read:
AB68,1687,145 938.357 (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:
AB68,1687,1915 (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).
AB68,1687,2420 (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.
AB68,3247 25Section 3247 . 938.365 (5) (a) of the statutes is amended to read:
AB68,1688,5
1938.365 (5) (a) Except as provided in s. 938.368, an order under this section that
2continues the placement of a juvenile in his or her home or that extends an order
3under s. 938.34 (4d), (4h), (4m), or (4n) or s. 938.34 (4h), 2019 stats., shall be for a
4specified length of time not to exceed one year after the date on which the order is
5granted.
AB68,3248 6Section 3248 . 938.365 (5) (a) of the statutes, as affected by 2021 Wisconsin Act
7.... (this act), is amended to read:
AB68,1688,128 938.365 (5) (a) Except as provided in s. 938.368, an order under this section that
9continues the placement of a juvenile in his or her home or that extends an order
10under s. 938.34 (4d), (4m), or (4n) or s. 938.34 (4d) or (4h), 2019 stats., shall be for
11a specified length of time not to exceed one year after the date on which the order is
12granted.
AB68,3249 13Section 3249. 938.365 (7) of the statutes is amended to read:
AB68,1688,1814 938.365 (7) Changes in placement and trial reunifications not permitted.
15Nothing in this section may be construed to allow any changes in placement, trial
16reunification, or revocation of community supervision or aftercare supervision.
17Revocation and other changes in placement may take place only under s. 938.357,
18and trial reunifications may take place only under s. 938.358.
AB68,3250 19Section 3250. 938.369 of the statutes is created to read:
AB68,1688,24 20938.369 Extended juvenile jurisdiction; extended disposition hearing.
21(1) Except as provided under sub. (6), no sooner than a juvenile's 18th birthday and
22no later than 90 days before the juvenile's 19th birthday, the court shall hold a
23hearing to determine whether to impose a stayed portion of a disposition entered
24under s. 938.34 (4p).
AB68,1689,5
1(2) The court shall revise the dispositional order and remove the stayed portion
2of the disposition imposed under 938.34 (4p) unless the court finds by clear and
3convincing evidence that the disposition under 938.34 (4p) is necessary to protect
4public safety or for rehabilitation, considering the juvenile's risk and needs at the
5time of the hearing.
AB68,1689,8 6(3) If the court imposes the stayed portion of the disposition under s. 938.34
7(4p), the court shall determine the length of the extended juvenile disposition and
8impose one of the following extended juvenile dispositions:
AB68,1689,129 (a) Place the juvenile on extended juvenile probation under the supervision of
10the department of corrections on his or her 19th birthday. If the juvenile has been
11released to aftercare supervision under s. 938.34 (4n) on the date of the hearing, the
12court shall place the juvenile on probation under this paragraph.
AB68,1689,1313 (b) Place the juvenile on extended juvenile confinement in a county jail.
AB68,1689,1514 (c) Place the juvenile on extended juvenile confinement in prison followed by
15a term of extended juvenile supervision.
AB68,1689,19 16(4) A disposition imposed under this subsection has the same force and effect
17as a criminal conviction and may not extend beyond the juvenile's 23rd birthday, or,
18if the underlying offense was a violation or attempted violation of s. 940.01, the
19juvenile's 25th birthday.
AB68,1689,21 20(5) An extended juvenile disposition imposed under sub. (3) is not a bifurcated
21sentence under s. 973.01.
AB68,1689,25 22(6) If the department of corrections has discharged the juvenile under s. 938.53
23prior to the juvenile's 18th birthday or the date of a hearing scheduled under sub. (1),
24a hearing shall not be held, and the court shall revise the dispositional order and
25remove the disposition imposed under 938.34 (4p).
AB68,3251
1Section 3251. 938.38 (1) (ag) of the statutes is created to read:
AB68,1690,32 938.38 (1) (ag) “Family permanency team” means the team of individuals
3assembled under sub. (3m) to participate in a juvenile's permanency planning.
AB68,3252 4Section 3252. 938.38 (1) (as) of the statutes is created to read:
AB68,1690,75 938.38 (1) (as) “Like-kin” means a person who has a significant emotional
6relationship with a juvenile or the juvenile's family and to whom any of the following
7applies:
AB68,1690,108 1. Prior to the juvenile's placement in out-of-home care, the person had an
9existing relationship with the juvenile or the juvenile's family that is similar to a
10familial relationship.
AB68,1690,1311 2. During the juvenile's placement in out-of-home care, the person developed
12a relationship with the juvenile or the juvenile's family that is similar to a familial
13relationship.