Wisconsin Statutes
Wis. Stat. § 938.538 (2026)
Serious juvenile offender program
✓ current as of July 2026
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938.538(2)(2) Program administration and design. 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). The department of corrections shall design the program to provide all of the following:
938.538(2)(a)(a) Supervision, care and rehabilitation that is more restrictive than ordinary supervision in the community.
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)(a) The department of corrections shall provide each participant with one or more of the following sanctions:
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.
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 community supervision under s. 938.533.
938.538(3)(b)(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, 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)(a)(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.
938.538(4)(b)(b) The department of corrections 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 s. 301.02. Construction or establishment of a Type 2 juvenile correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 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 s. 301.36.
938.538(5)(a)(a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to community 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.
938.538(5)(b)(b) The department of corrections 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(6)(6) Purchase of services. The department of corrections 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 of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) (cg).
938.538(6m)(a)2.2. “Black” means a person whose ancestors originated in any of the black racial groups of Africa.
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(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 s. 230.25 (1n) or rules of the director of the bureau of merit recruitment and selection in the department of administration 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 director of the bureau of merit recruitment and selection shall provide guidelines for the administration of the selection procedure.
938.538(7)(7) Rules. The department of corrections shall promulgate rules to implement this section.
938.538 HistoryHistory: 1995 a. 77, 352; 1997 a. 27, 35; 2001 a. 16, 59; 2003 a. 33 ss. 2733, 9160; 2005 a. 344; 2007 a. 20 ss. 3828, 9121 (6) (a); 2009 a. 28, 94; 2015 a. 55; 2017 a. 308.
938.538 AnnotationPlacement in the serious juvenile offender program must occur at an original disposition. It is not a disposition to extend, revise, or change a placement already in effect. State v. Terry T., 2002 WI App 81, 251 Wis. 2d 462, 643 N.W.2d 175, 01-2226.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 1997–2025 · leading case: State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998).
State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). “Accordingly, the provisions in Wis. Stat. §§ 938.538 (3)(a)l, 938.538(3)(a)lm, and 938.”
State v. Vairin M., 2002 WI 96 (Wis. 2002). “Counsel further asserted that if the charge against Vairin were for arson, Vairin might qualify for the serious juvenile offender (SJO) program, pursuant to Wis. Stat. § 938.538 . *146 ¶ 13. On January 31, 2001, the juvenile court held a hearing on the motion to reconsider.”
State Ex Rel. Thorson v. Schwarz, 2004 WI 96 (Wis. 2004). “065 ), and the serious juvenile offender program ( Wis. Stat. § 938.538 ). State v. Magnuson, 2000 WI 19, ¶¶26-31 , 233 Wis.”
State Ex Rel. Simpson v. Schwarz, 2002 WI App 7 (Wis. Ct. App. 2001). “533 (3m) (escape from juvenile placement under corrective sanctions program); Wis. Stat. § 938.538 (4)(a) (escape from serious juvenile offender program); Wis.”
State v. Magnuson, 2000 WI 19 (Wis. 2000). “065 (work release plan for prison inmates), and Wis. Stat. § 938.538 (serious juvenile offender program).”
State v. TERRY T., 2002 WI App 81 (Wis. Ct. App. 2002). “§ 938.538 implements the SJOP and states that "[t]he department shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s.”
State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). “2d at 675, as follows: We intend, by severing the provisions allowing for transfer to an adult (Type 1) prison in Wis. Stat. §§ 938.538 (3)(a)l, 938.538(3)(a) lm, and 938.”
State v. David L. W., 570 N.W.2d 582 (Wis. Ct. App. 1997). “See § 938.538(4), Stats.: "A participant in the serious juvenile offender program.”
State v. S. C. M. (Wis. Ct. App. 2022). “§ 938.538(3)(a)1. (2007-08), Seth’s argument again fails for two reasons.”
State v. J. A. J. (Wis. Ct. App. 2023). “§ 938.538 governs the administration of the SJOP and was not amended or repealed by the Acts.”
State v. A A A (Wis. Ct. App. 2025). “34(4m) if the court finds, after a hearing under this section, that [the county does not have space for the juvenile in a SRC center or that other statutorily prescribed conditions apply.”
State v. M.C. (Wis. Ct. App. 2021). “§ 938.538(5), which states: (continued) 4 No.”
— Wis. Stat. § 938.538(2)(a) — 1 case
State v. A A A (Wis. Ct. App. 2025). “34(4m) if the court finds, after a hearing under this section, that [the county does not have space for the juvenile in a SRC center or that other statutorily prescribed conditions apply.”
— Wis. Stat. § 938.538(3)(a) — 1 case
State v. S. C. M. (Wis. Ct. App. 2022). “§ 938.538(3)(a)1. (2007-08), Seth’s argument again fails for two reasons.”
— Wis. Stat. § 938.538(3a) — 1 case
State v. J. A. J. (Wis. Ct. App. 2023). “§ 938.538 governs the administration of the SJOP and was not amended or repealed by the Acts.”
— Wis. Stat. § 938.538(4) — 1 case
State v. David L. W., 570 N.W.2d 582 (Wis. Ct. App. 1997). “See § 938.538(4), Stats.: "A participant in the serious juvenile offender program.”
— Wis. Stat. § 938.538(5) — 1 case
State v. M.C. (Wis. Ct. App. 2021). “§ 938.538(5), which states: (continued) 4 No.”
— Wis. Stat. § 938.538(5)(c) — 1 case
State v. TERRY T., 2002 WI App 81 (Wis. Ct. App. 2002). “§ 938.538 implements the SJOP and states that "[t]he department shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s.”
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