AB188,42 23Section 42 . 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act
24185
, section 82, is amended to read:
AB188,17,2
1938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
2938.34 (4h) or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
AB188,43 3Section 43 . 938.48 (5) of the statutes, as affected by 2017 Wisconsin Act 185,
4section 84, is amended to read:
AB188,17,85 938.48 (5) Moral and religious training. Provide for the moral and religious
6training of a juvenile under its supervision under s. 938.183, 938.34 (4h) or (4n), or
7938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's
8parents.
AB188,44 9Section 44 . 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act 185,
10section 86, is amended to read:
AB188,17,1611 938.48 (6) Emergency surgery. Consent to emergency surgery under the
12direction of a licensed physician or surgeon for any juvenile under its supervision
13under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) upon notification by a
14licensed physician or surgeon of the need for the surgery and if reasonable effort,
15compatible with the nature and time limitation of the emergency, has been made to
16secure the consent of the juvenile's parent or guardian.
AB188,45 17Section 45 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act 185,
18section 88, is amended to read:
AB188,17,2519 938.48 (14) School-related expenses for juveniles over 17. Pay
20maintenance, tuition, and related expenses from the appropriation under s. 20.410
21(3) (ho) for persons who, when they attained 17 years of age, were students regularly
22attending a school, college, or university or regularly attending a course of vocational
23or technical training designed to prepare them for gainful employment, and who
24upon attaining that age were under the supervision of the department under s.
25938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) as a result of a judicial decision.
AB188,46
1Section 46. 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act 185,
2section 96, is amended to read:
AB188,18,123 938.505 (1) Rights and duties of department of corrections or county
4department.
When a juvenile is placed under the supervision of the department of
5corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3), (4), or (5) (e) or under
6the supervision of a county department under s. 938.34 (4m) or (4n), the department
7of corrections or county department, whichever has supervision over the juvenile,
8shall have the right and duty to protect, train, discipline, treat, and confine the
9juvenile and to provide food, shelter, legal services, education, and ordinary medical
10and dental care for the juvenile, subject to the rights, duties, and responsibilities of
11the guardian of the juvenile and subject to any residual parental rights and
12responsibilities and the provisions of any court order.
AB188,47 13Section 47 . 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin
14Act 185
, section 98, are amended to read:
AB188,18,2415 938.52 (2) (a) In addition to facilities and services under sub. (1), the
16department of corrections may use other facilities and services under its jurisdiction.
17The department of corrections may contract for and pay for the use of other public
18facilities or private facilities for the care and treatment of juveniles in its care.
19Placement of a juvenile in a private or public facility that is not under the jurisdiction
20of the department of corrections does not terminate that department's supervision
21over the juvenile under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4).
22Placements in institutions for persons with a mental illness or development
23disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
24and ch. 51.
AB188,19,3
1(c) The department of corrections may inspect any facility it is using and
2examine and consult with persons under its supervision under s. 938.183, 938.34
3(4h) or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB188,48 4Section 48 . 938.53 of the statutes, as affected by 2017 Wisconsin Act 185,
5section 100, is amended to read:
AB188,19,12 6938.53 Duration of control of department of corrections over
7delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
8who has been placed under the supervision of the department of corrections under
9s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) shall be discharged as soon as that
10department determines that there is a reasonable probability that departmental
11supervision is no longer necessary for the rehabilitation and treatment of the
12juvenile or for the protection of the public.
AB188,49 13Section 49 . 938.533 (2) (intro.) of the statutes is amended to read:
AB188,19,2014 938.533 (2) Community supervision services. (intro.) From the appropriation
15under s. 20.410 (3) (hr), the department of corrections shall purchase or provide
16community supervision services for juveniles who have been placed under the
17community supervision of the department of corrections under s. 938.183, 938.34
18(4n) (4h), 938.357 (3) or (4), or 938.538 (3) (a) 2. For each juvenile who is placed under
19community supervision, the department of corrections may purchase or provide any
20of the following services:
AB188,50 21Section 50 . 938.54 of the statutes, as affected by 2017 Wisconsin Act 185,
22section 107, is amended to read:
AB188,20,4 23938.54 Records. The department of corrections shall keep a complete record
24on each juvenile under its supervision under s. 938.183, 938.34 (4h) , or (4n) or
25938.357 (3) or (4). This record shall include the information received from the court,

1the date of reception, all available data on the personal and family history of the
2juvenile, the results of all tests and examinations given the juvenile, and a complete
3history of all placements of the juvenile while under the supervision of the
4department of corrections.
AB188,51 5Section 51 . 938.57 (4) of the statutes is amended to read:
AB188,20,186 938.57 (4) Aftercare supervision. A county department may provide aftercare
7supervision under s. 938.34 (4n) for juveniles who are released from juvenile
8correctional facilities or secured residential care centers for children and youth. If
9a county department intends to change its policy regarding whether the county
10department will provide aftercare supervision for juveniles released from juvenile
11correctional facilities or secured residential care centers for children and youth or the
12department of corrections will provide community supervision for those juveniles,
13the county executive or county administrator, or, if the county has no county
14executive or county administrator, the chairperson of the county board of
15supervisors, or, for multicounty departments, the chairpersons of the county boards
16of supervisors jointly, shall submit a letter to the department of corrections stating
17that intent before July 1 of the year preceding the year in which the policy change
18will take effect.
AB188,52 19Section 52 . 938.78 (3) of the statutes is amended to read:
AB188,21,1620 938.78 (3) Release of information when escape or absence; rules. If a juvenile
21adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
22of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
23(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11,
24941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298,
25941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g),

1943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or
2948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional
3facility, residential care center for children and youth, secured residential care center
4for children and youth,
inpatient facility, as defined in s. 51.01 (10), juvenile
5detention facility, or juvenile portion of a county jail, or from the custody of a peace
6officer or a guard of such a facility, center, or jail, or has been allowed to leave a
7juvenile correctional facility, residential care center for children and youth, secured
8residential care center for children and youth,
inpatient facility, juvenile detention
9facility, or juvenile portion of a county jail for a specified time period and is absent
10from the facility, center, home, or jail for more than 12 hours after the expiration of
11the specified period, the department of corrections or county department, whichever
12has supervision over the juvenile, may release the juvenile's name and any
13information about the juvenile that is necessary for the protection of the public or to
14secure the juvenile's return to the facility, center, home, or jail. The department of
15corrections shall promulgate rules establishing guidelines for the release of the
16juvenile's name or information about the juvenile to the public.
AB188,53 17Section 53 . 2017 Wisconsin Act 185, section 38 is repealed.
AB188,54 18Section 54 . 2017 Wisconsin Act 185, section 70 is repealed.
AB188,55 19Section 55. 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:
AB188,22,620[2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type
211 juvenile correctional facilities under subsection (7) and the secured residential care
22centers for children and youth under subsections (4) and (7m), the department of
23corrections shall begin to transfer each juvenile held in secure custody at the Lincoln
24Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional
25facility or secured residential care center for children and youth. No juvenile may

1be transferred to a Type 1 juvenile correctional facility until the department of
2corrections determines the facility to be ready to accept juveniles, and no juvenile
3may be transferred to a secured residential care center for children and youth until
4the entity operating the facility determines it to be ready to accept juveniles. The
5transfers may occur in phases. The department shall transfer all juveniles under
6this subsection no later than January July 1, 2021.
AB188,56 7Section 56. 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:
AB188,22,138[2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which
9all juveniles have been transferred to secured residential care centers for children
10and youth and Type 1 juvenile correctional facilities under subsection (1) or January,
11July 1, 2021, the department of corrections shall permanently close the Type 1
12juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake
13School in the town of Birch, Lincoln County.