938.538(2)(b)

(b) Component phases that are intensive and highly structured.

938.538(3)(a)3.

3. Electronic monitoring.

938.538(3)(a)6.

6. Community service.

938.538(7)

(7) Rules. The department shall promulgate rules to implement this section.

938.538(3)(a)4.

4. Alcohol or other drug abuse outpatient treatment and services.

938.538(3)(a)7.

7. Restitution.

938.538(3)(a)8.

8. Transitional services for education and employment.

938.538(3)(a)9.

9. Other programs as prescribed by the department.

938.538(4)

(4) Institutional status.

938.538(3)(a)

(a) The department shall provide each participant with one or more of the following sanctions:

938.538(3)(a)5.

5. Mental health treatment and services.

938.538(6m)(a)4.

4. “Minority group member” means a Black, a Hispanic, or an Indian person.

938.538(3)

(3) Component phases.

938.538

938.538 Serious juvenile offender program.

938.538(2)(a)

(a) Supervision, care and rehabilitation that is more restrictive than ordinary supervision in the community.

938.538(2)

(2) Program administration and design. The department shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under § 938.34 (4h). The department shall design the program to provide all of the following:

938.538(2)(c)

(c) A series of component phases for each participant that is based on public safety considerations and the participant’s need for supervision, care and rehabilitation.

938.538(3)(a)1.

1. Subject to subd. 1m., placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth for a period of not more than 3 years.

938.538(3)(a)1m.

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.

938.538(3)(a)1p.

1p. Alternate care, including placement in a foster home, group home, residential care center for children and youth, or secured residential care center for children and youth.

938.538(3)(a)2.

2. Intensive or other field supervision, including corrective sanctions supervision under § 938.533 or aftercare supervision.

938.538(6m)(b)

(b) In the selection of classified service employees for a juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under § 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the office of state employment relations to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the office of state employment relations shall provide guidelines for the administration of the selection procedure.

938.538(3)(b)

(b) The department may provide the sanctions under para. (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 §§ 938.357, 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.

938.538(4)(b)

(b) The department shall operate the component phases of the program specified in sub. (3) (a) 2. to 9. as a Type 2 juvenile correctional facility. The secretary of corrections may allocate and reallocate existing and future facilities as part of the Type 2 juvenile correctional facility. The Type 2 juvenile correctional facility is subject to § 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except § 32.035 and ch. 91. In addition to the exemptions under § 13.48 (13), construction or establishment of a Type 2 juvenile correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village, or town in which the construction or establishment takes place and is exempt from inspections required under § 301.36.

938.538(6)

(6) Purchase of services. The department may contract with the department of health services, the department of children and families, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the program under this section. The department shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under § 20.410 (3)(cg).

938.538(6m)(a)3.

3. “Hispanic” means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.

938.538(4)(a)

(a) A participant in the program under this section is under the supervision and control of the department, is subject to the rules and discipline of the department, and is considered to be in custody, as defined in § 946.42 (1)(a). Notwithstanding §§ 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 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 is considered an escape under § 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 §§ 938.19 to 938.21.

938.538(5)

(5) Transfers and discharge.

938.538(5)(a)

(a) The office of juvenile offender review in the division of juvenile corrections in the department may release a participant to aftercare supervision under § 301.03 (10)(d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Aftercare supervision of the participant shall be provided by the department.

938.538(5)(b)

(b) The department may discharge a participant from participation in the serious juvenile offender program and from departmental supervision and control at any time after he or she has completed 3 years in the serious juvenile offender program.

938.538(5)(c)

(c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the program.

938.538(6m)

(6m) Minority hiring.

938.538(6m)(a)

(a) In this subsection:

938.538(6m)(a)2.

2. “Black” means a person whose ancestors originated in any of the black racial groups of Africa.