AB68,1707,7 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) a court order under this chapter shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

AB68,3300 Section 3300 . 938.53 of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1707,16 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under a court order under this chapter shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

AB68,3301 Section 3301. 938.533 of the statutes, as affected by 2019 Wisconsin Act 8, is repealed.

AB68,3302 Section 3302 . 938.538 (2) (intro.) of the statutes is amended to read:

AB68,1707,24 938.538 (2) Program administration and design. (intro.) The department of corrections shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h), 2019 stats. The department of corrections shall design the program to provide all of the following:

AB68,3303 Section 3303. 938.538 (3) (a) 1. of the statutes is amended to read:

AB68,1708,4 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth operated by the department of corrections or in the Mendota juvenile treatment center.

AB68,3304 Section 3304. 938.538 (3) (a) 1m. of the statutes is amended to read:

AB68,1708,11 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB68,3305 Section 3305. 938.538 (3) (a) 2. of the statutes is amended to read:

AB68,1708,14 938.538 (3) (a) 2. Intensive or other field supervision, including community supervision under s. 938.533 aftercare supervision provided by a county department.

AB68,3306 Section 3306. 938.538 (3) (b) of the statutes is amended to read:

AB68,1708,21 938.538 (3) (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 938.357 , and 938.363 and 938.533 (3), a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB68,3307 Section 3307. 938.538 (4) (a) of the statutes is amended to read:

AB68,1709,13 938.538 (4) (a) A participant in the program under this section is under the supervision and control of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department of corrections may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department of corrections is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

AB68,3308 Section 3308. 938.538 (4) (b) of the statutes is repealed.

AB68,3309 Section 3309. 938.538 (5) (a) of the statutes is amended to read:

AB68,1709,21 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to community aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Community supervision of the participant shall be provided by the department of corrections.

AB68,3310 Section 3310. 938.539 of the statutes is repealed.

AB68,3311 Section 3311 . 938.54 of the statutes is amended to read:

AB68,1710,5 938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (3) or (4) a court order under this chapter. This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

AB68,3312 Section 3312 . 938.54 of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1710,13 938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under a court order under this chapter. This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

AB68,3313 Section 3313 . 938.57 (3) (title) of the statutes is amended to read: