48.366

48.366 Extended court jurisdiction.

48.366(1)

(1) Applicability.

48.366(5)

(5) Revision of order.

48.366(5)(a)

(a) Any of the following may petition the court for a revision of an order:

48.366(5)(a)1.

1. The person subject to the order.

48.366(1)(a)

(a) Subject to para. (c), if the person committed any crime specified under § 940.01, 940.02, 940.05, 940.21, 940.225 (1) (a) to (c), 948.03, or 948.04, is adjudged delinquent on that basis, and is placed in a juvenile correctional facility under s. 48.34 (4m), 1993 stats., the court shall enter an order extending its jurisdiction as follows:

48.366(1)(a)1.

1. If the act for which the person was adjudged delinquent was a violation of § 940.01, the order shall remain in effect until the person reaches 25 years of age or until the termination of the order under sub. (6), whichever occurs earlier.

48.366(1)(a)2.

2. If the act for which the person was adjudged delinquent was any other violation specified in this paragraph, the order shall remain in effect until the person reaches 21 years of age or until the termination of the order under sub. (6), whichever occurs earlier.

48.366(5)(a)2.

2. The department of corrections or county department ordered under s. 48.34 (4n), 1993 stats., to provide aftercare supervision of the person.

48.366(5)(b)1.

1. The proposed treatment and supervision plan and proposed institutional placement, if any.

48.366(5)(b)2.

2. Any available information that is relevant to the advisability of revising the order.

48.366(5)(c)1.

1. The proposed conditions of aftercare supervision.

48.366(1)(b)

(b) Subject to para. (c), if the person committed a crime specified in § 940.20 (1) or 946.43 while placed in a juvenile correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under § 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

48.366(1)(c)

(c) A court may not enter an order extending its jurisdiction as provided in para. (a) or (b) with respect to any violation committed after June 30, 1996.

48.366(5)(b)

(b) The department of corrections or county department may, at any time, file a petition proposing either release of a person subject to an order to aftercare supervision or revocation of the person’s aftercare supervision. The petition shall set forth in detail:

48.366(5)(c)

(c) The person subject to an order may, no more often than once each year, file a petition proposing his or her release to aftercare supervision. The petition shall set forth in detail:

48.366(5)(c)2.

2. Any available information that is relevant to the advisability of revising the order.

48.366(5)(d)

(d)

48.366(5)(d)1.

1. At the time the department of corrections or county department files a petition under para. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has a right to request a hearing on the petition and, if the petition is for revocation of a person’s aftercare supervision, that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the child was adjudged delinquent and the victim, if any, of the delinquent act.

48.366(5)(d)2.

2. At the time a person subject to an order files a petition under para. (a), the person shall provide written notice of the petition to the department of corrections or county department, as applicable.

48.366(5)(e)

(e) In making a determination under this subsection, the court shall balance the needs of the person with the protection of the public.

48.366(5)(f)

(f) If the court grants a petition to release a person to aftercare supervision and the person’s county of residence is one in which the county department provides aftercare supervision, the department of corrections may contract with the county department under § 301.08 (2) for aftercare supervision of the person.

48.366(5)(g)

(g) Sections 48.357 and 48.363 do not apply to orders under this subsection.

48.366(6)

(6) Petition for discharge; hearings.

48.366(6)(a)

(a) Any of the following may petition the court that entered an order to terminate the order and to discharge the person subject to the order from supervision:

48.366(6)(a)1.

1. The person subject to the order.

48.366(6)(a)2.

2. The department of corrections or county department ordered under s. 48.34 (4n), 1993 stats., to provide aftercare supervision of the person.

48.366(6)(b)

(b) The petition shall state the factual basis for the petitioner’s belief that discharge will not pose a threat of bodily harm to other persons. The department of corrections or county department may file a petition at any time. The person subject to the order may file a petition not more often than once a year.

48.366(6)(c)

(c)

48.366(6)(c)1.

1. At the time the department of corrections or county department files a petition under para. (a), it shall provide written notice of the petition to the person who is the subject of the petition. The notice to the person who is the subject of the petition shall state that the person has the right to counsel. The department of corrections or county department shall also provide written notice of the petition to the office of the district attorney that filed the petition on the basis of which the person was adjudged delinquent and to the victim, if any, of the delinquent act.

48.366(6)(c)2.

2. At the time a person subject to an order files a petition under para. (a), he or she shall provide written notice of the petition to the department of corrections or county department, whichever has been ordered under s. 48.34 (4n), 1993 stats., to provide aftercare supervision of the person.

48.366(6)(d)

(d) If the court denies the petition, the person shall remain under the jurisdiction of the court until the expiration of the order or until a subsequent petition for discharge under this subsection is granted, whichever is sooner.

48.366(7)

(7) Notice of hearing. Upon receipt of a request for a hearing under sub. (5) or upon receipt of a petition under sub. (6), the court shall set a date for a hearing on the matter. In any of those cases, the court shall notify the department of corrections and each person specified in sub. (5) (d) 1. or (6) (c) 1. of the hearing at least 7 days before the hearing, except that if any such person lives outside of this state, the notice shall be mailed at least 14 days before the hearing.

48.366(8)

(8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between juvenile correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in § 302.01, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in § 301.16 (1n). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under § 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in § 302.01 without petitioning for revision of the order under sub. (a), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in § 301.16 (1n).