2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 807
March 14, 2018 - Offered by
Committee on Judiciary and Public Safety.
1An Act to repeal
16.99 (3b) and 20.866 (2) (v) of the 2
statutes; relating to: the closure of Lincoln Hills School and Copper Lake
3School, expansion of the Mendota Juvenile Treatment Center, a juvenile
4corrections study committee, and granting bonding authority.
Analysis by the Legislative Reference Bureau
This substitute amendment requires the state to close the Lincoln Hills School
and the Copper Lake School by January 1, 2021, requires the Department of Health
Services to expand the Mendota Juvenile Treatment Center (MJTC), and creates a
committee to study and develop legislation regarding potential new facilities for
Under current law, a juvenile who is adjudicated delinquent and placed in the
Serious Juvenile Offender Program or placed with the Department of Corrections
under a correctional placement may be held in a Type 1 juvenile correctional facility.
Currently, DOC operates the Lincoln Hills School and the Copper Lake School, both
located in the town of Birch, Lincoln County, as Type 1 juvenile correctional facilities.
This substitute amendment requires DOC to permanently close both the Lincoln
Hills School and the Copper Lake School no later than January 1, 2021.
Under current law, MJTC is a Type 1 juvenile correctional facility that is
operated by DHS. Under current law, DOC can transfer juveniles to MJTC from
other Type 1 juvenile correctional facilities with the approval of DHS. By January
1, 2021, the substitute amendment requires DHS to expand MJTC to accommodate
no fewer than 29 additional juveniles. The substitute amendment amends the
2017-19 Authorized State Building Program to add this project, financed with
$15,000,000 in general fund supported borrowing.
The substitute amendment creates in DOC the Juvenile Corrections Study
Committee, which is required to research and develop recommendations on all of the
1. The construction or establishment of one or more new Type 1 juvenile
correctional facilities prior to closure of Lincoln Hills School and Copper Lake School,
including optimal locations, the availability and feasibility of using existing facilities
for this purpose, and the source and amount of funding for new or renovated
2. The feasibility of establishing multiple regional, county-based facilities for
the placement of juveniles who would otherwise be placed in a Type 1 juvenile
correctional facility, including the source and amount of funding for such facilities,
the procedure for allocating funding, the dispositions under which a juvenile
adjudicated delinquent could be placed in such a facility, whether DOC or a county
department of human or social services should supervise the juveniles placed in such
a facility, and what the procedures should be for changing a juvenile's placement
between such a facility and a Type 1 juvenile correctional facility.
3. Evidence-based services and programming that should be provided to
juveniles held in secure custody.
4. Whether youth aids, which are various state and federal moneys the
Department of Children and Families is required under current law to allocate to
counties for juvenile correctional services and community-based juvenile
delinquency-related services, should be modified to facilitate any of the committee's
recommended changes relating to new facilities.
The Juvenile Corrections Study Committee is required under the substitute
amendment to consult with one or more organizations that focus on developing best
practices for holding juveniles in secure custody to aid the committee's research and
development of recommendations. No later than February 1, 2019, the committee
must develop draft legislation that incorporates its recommendations. Under the
substitute amendment, the committee terminates on March 1, 2019.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
16.99 (3b) of the statutes is amended to read:
“Juvenile correctional facility" means the Copper Lake School and
3the Lincoln Hills School a Type 1 juvenile correctional facility, as defined in s. 938.02
4(19), but does not include the Mendota juvenile treatment center under s. 46.057
(v) Health services; mental health and secure treatment facilities. 4
From the capital improvement fund, a sum sufficient for the department of health 5
services to acquire, construct, develop, enlarge, or extend mental health and secure 6
treatment facilities. The state may contract public debt in an amount not to exceed 7$208,646,200 $223,646,200
for this purpose.
301.20 of the statutes is repealed.
(1) Closure of facilities.
(a) No later than January 1, 2021, the department of corrections shall 12
permanently close the Type 1 juvenile correctional facilities housed at the Lincoln 13
Hills School and Copper Lake School in the town of Birch, Lincoln County.
(b) The department of corrections shall send a notice to the legislative reference 15
bureau for publication in the Wisconsin Administrative Register that states the date 16
on which the facilities under paragraph (a
) are closed.
(2) Juvenile corrections study committee.
(a) Committee; members.
There is created in the department of corrections a 19
juvenile corrections study committee consisting of all of the following members:
1. The secretary of corrections, or his or her designee, who shall serve as 21
2. The secretary of children and families, or his or her designee, who shall serve 23
3. The secretary of health services, or his or her designee.
4. The superintendent of public instruction, or his or her designee.
5. The state public defender, or his or her designee.
6. Three representatives to the assembly appointed by the speaker of the 3
assembly or the appointed representative's designee.
7. Three senators appointed by the senate majority leader or the appointed 5
8. Two circuit court judges, appointed by the governor.
9. Two district attorneys, appointed by the governor.
10. Two representatives of law enforcement agencies in this state, appointed 9
by the governor.
10m. One sheriff, or his or her designee, appointed by the governor.
11. One representative of a national organization that focuses on eliminating 12
race-based discrimination, appointed by the governor.
12. One representative of a nonprofit organization that focuses on issues 14
relating to juvenile justice, appointed by the governor.
12m. One representative of a nonprofit organization that focuses on best 16
practices for holding juveniles in secure custody, appointed by the governor.
13. One representative of the county department of social services or human 18
services in the county with the highest percentage of juveniles under the supervision 19
of either the department of corrections or a county department under chapter 938 of 20
the statutes, appointed by the governor.
14. One representative of a county department of social services or human 22
services of a county that operates a regional juvenile detention facility operated by 23
a county board of supervisors that has adopted a resolution under section 938.34 (3) 24
(f) 3. of the statutes, prior to January 1, 2018, authorizing placement of a juvenile at
the juvenile detention facility under section 938.34 (3) (f) of the statutes for more 2
than 30 consecutive days, appointed by the governor.
15. One representative of a county department of social services or human 4
services of a county not described in subdivision 13
. or 14., appointed by the governor.
16. One resident of the state who either has been under the supervision of the 6
department of corrections under chapter 938 of the statutes or has had a close family 7
member who has been under the supervision of the department of corrections under 8
chapter 938 of the statutes, appointed by the governor.
The state agencies with membership on the committee shall provide 10
adequate staff to conduct the functions of the committee.
The juvenile corrections study committee shall research and 12
develop recommendations on all of the following: