LRBs0418/2
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2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 807
March 20, 2018 - Offered by Senators Fitzgerald and Wanggaard.
SB807-SSA2,2,9 1An Act to repeal 301.20; to renumber 938.48 (16); to renumber and amend
2938.357 (3) and 938.357 (4) (a); to amend 16.99 (3b), 20.866 (1) (u), 20.866 (2)
3(ux), 20.866 (2) (v), 46.011 (1p), 46.057 (1), 46.20 (3), 46.22 (1) (a), 48.023 (4),
448.526 (2) (c), 48.526 (6) (b), 48.526 (7) (bm), 48.66 (1) (b), 49.11 (1c), 49.45 (25)
5(bj), 51.35 (3) (a), 51.35 (3) (c) and (e), 301.01 (1n), 301.03 (9), 301.03 (10) (d),
6301.08 (1) (b) 3., 301.16 (1x), 301.37 (1), 938.02 (4), 938.02 (15g), 938.22 (1) (a),
7938.22 (2) (a), 938.225, 938.34 (2) (a), 938.34 (2) (b), 938.34 (3) (f) 1., 938.34 (4m)
8(intro.), 938.34 (4n) (intro.), 938.357 (1) (am) 1., 938.357 (4) (am), 938.357 (4) (b)
91., 938.357 (4) (b) 2., 938.357 (4) (b) 4., 938.357 (4) (c) 1., 938.357 (4m), 938.48
10(3), 938.48 (4), 938.48 (4m) (b), 938.48 (5), 938.48 (6), 938.48 (14), 938.49 (title),
11938.49 (1), 938.49 (2) (intro.), 938.49 (2) (a), 938.505 (1), 938.52 (2) (a) and (c),
12938.53, 938.535, 938.539 (2), 938.539 (3), 938.539 (4), 938.539 (5), 938.54,
13938.59 (1) and 938.595; to repeal and recreate 938.357 (4) (title); and to

1create
13.48 (27m), 13.94 (1) (v), 13.94 (1s) (c) 9., 20.410 (3) (f), 20.410 (3) (fm),
220.437 (1) (ck), 20.866 (2) (uzc), 46.20 (1m), 48.527, 59.53 (8m), 121.79 (1) (e),
3301.16 (1f), 301.16 (1w), 301.18 (1) (fm), 301.37 (1m), 301.373, 302.01 (13),
4938.22 (2) (d), 938.357 (3) (b), (c) and (d), 938.357 (4) (ab), 938.357 (4) (d) and
5938.48 (16) (b) of the statutes; relating to: juvenile correctional facilities,
6secured residential care centers for children and youth, juvenile detention
7facilities, youth aids, granting bonding authority, providing an exemption from
8emergency rule procedures, granting rule-making authority, and making an
9appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment requires the state to close the Lincoln Hills School
and Copper Lake School by January 1, 2021, and authorizes the Department of
Corrections to convert those facilities into an adult correctional facility, requires
DOC to establish new Type 1 juvenile correctional facilities, requires the
Department of Health Services to expand the Mendota Juvenile Treatment Center
(MJTC), and authorizes counties to establish secured residential care centers for
children and youth. Once the secured residential care centers for children and youth
are established, the substitute amendment transfers the supervision of a juvenile
under a correctional placement to the county department of human services or social
services (county department) of the county in which the juvenile was adjudicated
delinquent. The substitute amendment creates a council to study juvenile
corrections issues and a grant program under which counties may apply for state
funding towards the cost of establishing or constructing secured residential care
centers for children and youth. The substitute amendment also expands the
authorized uses of youth aids for program costs in juvenile detention facilities and
secured residential care centers for children and youth and increases amounts paid
to certain counties.
New facilities for juveniles.
Under current law, DOC oversees all juvenile correctional services for juveniles
who are under original adult court jurisdiction or who have been adjudged
delinquent under the Juvenile Justice Code, placed under the supervision of DOC,
and placed in a juvenile correctional facility, in the Serious Juvenile Offender
Program (SJOP), or under community supervision. Under the substitute
amendment, DOC maintains supervision over juveniles in SJOP, under community
supervision, and under original adult court jurisdiction, but supervision over

juveniles who are under any other correctional placement under the Juvenile Justice
Code is transferred to county departments.
This substitute amendment authorizes a county or American Indian tribe or
band to establish, or contract with a child welfare agency to establish, a secured
residential care center for children and youth. A county may establish a secured
residential care center for children and youth on its own or jointly with one or more
counties or may contract with another county to place juveniles in that county's
secured residential care center for children and youth. In addition, as in current law,
the substitute amendment allows a child welfare agency to be licensed to operate a
secured residential care center for children and youth. By January 1, 2021, the
substitute amendment requires, subject to the approval of the Joint Committee on
Finance, DOC to construct or establish one or more Type 1 juvenile correctional
facilities and 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 these projects. The DOC project is financed with
$25,000,000 in general fund supported borrowing, and the DHS project is financed
with $15,000,000 in general fund supported borrowing.
The substitute amendment creates in DOC a Juvenile Corrections Study
Committee, which is required to research and develop recommendations on all of the
following:
1. Optimal locations for the new Type 1 juvenile correctional facilities based on
space and security needs, cost, proximity to the populations of juveniles the facilities
would serve, and best practices for holding juveniles in secure custody. The
substitute amendment requires the committee to favor the use of existing facilities
and to conduct an inventory of existing state-owned facilities that have the capacity
to be used as Type 1 juvenile correctional facilities. The substitute amendment
requires the committee to submit its recommendations to DOC no later than
November 1, 2018, and requires DOC to consider these recommendations in
establishing the new facilities.
2. Rules governing the services and programming provided to juveniles in
secured residential care centers for children and youth. The substitute amendment
requires the committee to submit its findings and recommendations to DOC no later
than September 1, 2018, and requires DOC to promulgate rules establishing
standards for services in secured residential care centers for children and youth
based on those recommendations. The substitute amendment requires DOC to
promulgate emergency rules establishing these standards no later than December
31, 2018.
The 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. Under the substitute amendment, the committee terminates on
January 1, 2021.
The substitute amendment requires the transfer from Lincoln Hills School and
Copper Lake School of all juveniles who are under a correctional placement to the
appropriate secured residential care center for children and youth and the transfer

of all other juveniles to the new Type 1 juvenile correctional facilities. The substitute
amendment then requires the closure of Lincoln Hills School and Copper Lake
School once all juveniles have been transferred, but no later than January 1, 2021,
and authorizes DOC to then convert those facilities into an adult correctional
institution named the Lincoln County Correctional Institution.
Under the substitute amendment, once a juvenile is placed in a secured
residential care center for children and youth under a correctional placement, or once
a juvenile who was under a correctional placement at Lincoln Hills School or Copper
Lake School is transferred to a secured residential care center for children and youth,
the juvenile is under the supervision of the county department of the county in which
the juvenile was adjudicated delinquent. Under the substitute amendment, DOC
maintains supervision over juveniles in secured residential care centers for children
and youth that are in SJOP or under original adult court jurisdiction.
The substitute amendment maintains DOC's authority under current law to
license, supervise, and inspect secured residential care centers for children and
youth. Under the substitute amendment, a county, American Indian tribe or band,
or child welfare agency that proposes to construct or operate a secured residential
care center for children and youth is required to submit its plans to DOC for approval.
Change of placement.
Under the substitute amendment, generally, a juvenile who is given a
correctional placement under a county department's supervision may only be placed
in a secured residential care center for children and youth. However, if a secured
residential care center for children and youth cannot meet the treatment needs of the
juvenile, the county department may place the juvenile in a different secured
residential care center for children and youth that offers more appropriate treatment
without a hearing. Similarly, if a juvenile is placed under DOC's supervision in a
secured residential care center for children and youth and the facility cannot meet
the treatment needs of the juvenile, DOC may place the juvenile in a different
secured residential care center for children and youth without a hearing. If DOC
places a juvenile at a secured residential care center for children and youth or if a
county department places a juvenile at a secured residential care center for children
and youth other than its own, the substitute amendment requires that the entity
operating the receiving secured residential care center for children and youth agree
to the placement and requires that care and services for that juvenile be provided
under a contract.
Also under the substitute amendment, a juvenile in a secured residential care
center for children and youth under the supervision of either DOC or a county
department may be placed in a Type 1 juvenile correctional facility after a hearing
if the court assigned to exercise jurisdiction under the Juvenile Justice Code
(juvenile court) finds that the secured residential care center cannot meet the
treatment needs of the juvenile and the Type 1 juvenile correctional facility can or
that the county's secured residential care center for children and youth does not have
space for the juvenile, and no other placement in a secured residential care center
for children and youth can be found.

Under current law, MJTC is a Type 1 juvenile correctional facility that is
operated by the Department of Health Services. Under current law, DOC can
transfer juveniles to MJTC from other Type 1 juvenile correctional facilities, with the
approval of DHS. Under the substitute amendment, a juvenile who has been placed
under the supervision of a county department in a secured residential care center for
children and youth can be placed at MJTC by the juvenile court upon the
recommendation of DHS in a change of placement hearing.
Juvenile corrections grant program.
The substitute amendment creates in DOC the Juvenile Corrections Grant
Committee, which is required to establish and administer a juvenile corrections
grant program. Under the grant program, a county may apply for one of the following
grants:
1. A grant to pay 95 percent of the costs of designing and constructing a secured
residential care center for children and youth.
2. A grant to pay 95 percent of the costs of designing and constructing a facility
that houses both a secured residential care center for children and youth and a
juvenile detention facility.
3. A grant to pay 100 percent of the costs of designing and constructing a
secured residential care center for children and youth only for female juveniles or any
portion that is only for female juveniles.
The substitute amendment provides that a grant also reimburses a successful
applicant for any design costs incurred in preparing a grant application at the same
percent as the grant covers other costs. The substitute amendment finances the
grant program with $40,000,000 in general fund supported borrowing.
The substitute amendment allows multiple counties to jointly submit a grant
application for construction of a secured residential care center for children and
youth that will hold juveniles from all of the cooperating counties. The substitute
amendment requires the committee to establish requirements, guidelines, and
criteria for the grant program but requires that, in developing a grant application,
the applicant must consider best practices in designing and operating facilities that
hold juveniles in secure custody and the feasibility of developing an existing facility,
and must solicit input on the design of the facility from judges at the juvenile court
for each county participating in the grant application. The substitute amendment
also requires the committee to favor proposals that utilize existing facilities and to
encourage multicounty coordination by favoring applications submitted jointly by
multiple counties.
Under the substitute amendment, grant applications are due March 31, 2019,
but the committee is authorized to work with applicants between that date and June
30, 2019, to modify applications in order to increase the likelihood of being awarded
a grant. The substitute amendment requires the committee, in consultation with
DOC and DCF, to develop a statewide plan that recommends which of the grant
applications to approve based on an overall view towards a Wisconsin model of
juvenile justice. The committee is prohibited from recommending approval of an
application unless DOC approves the plans and specifications for the site and the
design and construction of the facility.

The substitute amendment requires the Juvenile Corrections Grant
Committee to submit its plan to JCF no later than July 1, 2019, to request approval
to proceed with the plan. If approved, the substitute amendment requires DOC to
implement the plan by awarding the grants under the plan, and requires the
Juvenile Corrections Grant Committee to monitor the progress of the projects funded
by the grants to ensure compliance with the grant program and completion in time
to transfer juveniles from Lincoln Hills School and Copper Lake School to the new
Type 1 juvenile correctional facilities and secured residential care centers for
children and youth by January 1, 2021. Under the substitute amendment, the
Juvenile Corrections Grant Committee terminates on the earlier of the date on which
all projects funded with the grants are completed or January 1, 2021.
Juvenile detention facilities.
Under current law, a juvenile who is adjudicated delinquent may be placed in
a juvenile detention facility for any combination of single or consecutive days totaling
not more than 365 days if the county board of supervisors has adopted a resolution
authorizing such a length of placement. Under this substitute amendment, with
some exceptions, a juvenile may not be placed in a juvenile detention facility for more
than 30 consecutive days.
The substitute amendment defines an “eligible juvenile detention facility” as
a juvenile detention facility at which placements of juveniles for longer than 30 days
is authorized as of January 1, 2018. With respect to an eligible juvenile detention
facility that is awarded a grant under the substitute amendment, the limitation on
placement in a juvenile detention facility to no more than 30 days does not apply until
January 1, 2021. On that date, the portion of the facility that holds juveniles who
are placed for more than 30 days becomes a secured residential care center for
children and youth, at which juveniles may be placed under a correctional
placement. However, it remains a juvenile detention facility with respect to juveniles
placed in the juvenile detention facility prior to January 1, 2021.
Under the substitute amendment, an eligible juvenile detention facility that is
not awarded a grant is authorized to continue to accept juveniles for placement for
any combination of single or consecutive days totaling not more than 365 days if,
after January 1, 2021, the number of juveniles that are housed at the juvenile
detention facility does not exceed the number that are housed there on January 1,
2021, and if the facility is not altered or added to or repaired in excess of 50 percent
of its assessed value. If the juvenile detention facility violates these conditions, it is
no longer authorized to accept juveniles for placement for more than 30 consecutive
days.
Department of Corrections employees.
The substitute amendment authorizes some preferential treatment for
employees of Lincoln Hills School or Copper Lake School in applying for open
positions at the new Type 1 juvenile correctional facilities and secured residential
care centers for children and youth. Under the substitute amendment, a classified
employee who, on the date DOC begins accepting applications for a position at a Type
1 juvenile correctional facility is employed at the Lincoln Hills School or Copper Lake
School may apply to DOC to transfer to a position at the Type 1 juvenile correctional

facility and DOC is authorized to transfer such an employee to certain positions at
a new Type 1 juvenile correctional facility without competitive procedures.
Similarly, an applicant for a position at a secured residential care center for children
and youth operated by a county who is employed at Lincoln Hills School or Copper
Lake School on the date that the county begins accepting applications for the position
may be selected by the county without regard to the requirements of any county civil
service system that would otherwise apply. Finally, if, prior to January 1, 2021, a
county enters into a contract with a child welfare agency under which the child
welfare agency agrees to operate a new secured residential care center for children
and youth, the county shall include in the contract a requirement that the child
welfare agency grant an initial interview to any applicant for a position at the new
secured residential care center for children and youth who is an employee of Lincoln
Hills School or Copper Lake School on the date that the child welfare agency begins
accepting applications for that position.
Youth aids funding.
Current law requires Department of Children and Families to allocate to
counties various state and federal moneys to pay for juvenile correctional services
and community-based juvenile delinquency-related services (commonly referred to
as “youth aids”). Under current law, youth aids funding may not be used to pay for
land purchase, building construction, or maintenance of county buildings, for
reimbursement of costs relating to holding juveniles in secure custody, city lockups,
or temporary shelter care. Under current law, youth aids may be used to reimburse
costs of program services in juvenile detention facilities, except for the costs of basic
care and supervision. The substitute amendment removes this exception, so that
youth aids may be used to reimburse costs of basic care and supervision in juvenile
detention facilities, and adds that youth aids may be used to reimburse costs of
program services in secured residential care centers for children and youth. This
substitute amendment also requires DCF to provide a bonus payment of 15 percent
of a county's youth aids payment in the preceding year, up to $750,000, if the county
operates a joint secured residential care center for children and youth that was
funded by the juvenile corrections grant program under the substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB807-SSA2,1 1Section 1. 13.48 (27m) of the statutes is created to read:
SB807-SSA2,8,42 13.48 (27m) Secured residential care centers for children and youth. (a)
3The legislature finds and determines that the legislative intent set forth under s.
4938.01 (2) is served by the design and construction of secured residential care centers
5for children and youth and attached juvenile detention facilities and that the design

1and construction of such facilities is a statewide concern of statewide dimension. It
2is therefore in the public interest, and it is the public policy of this state, to assist
3counties in designing and constructing secured residential care centers for children
4and youth and attached juvenile detention facilities.
SB807-SSA2,8,95 (b) The building commission may authorize up to a total of $40,000,000 in
6general fund supported borrowing to assist counties in establishing or constructing
7secured residential care centers for children and youth and attached juvenile
8detention facilities. Any such state funding commitment shall be in the form of a
9grant to a county issued under 2017 Wisconsin Act .... (this act), section 110 (4).
SB807-SSA2,8,1310 (c) If for any reason, the facility that is constructed with funds from the grant
11is not used for the purposes identified in the grant under 2017 Wisconsin Act .... (this
12act), section 110 (4), the state shall retain an ownership interest in the facility equal
13to the amount of the state's grant.
SB807-SSA2,2 14Section 2. 13.94 (1) (v) of the statutes is created to read:
SB807-SSA2,8,2015 13.94 (1) (v) Conduct an audit, at the request of the department of corrections,
16of a county's net operating costs for a secured residential care center for children and
17youth that holds only female juveniles for the purpose of determining the amount,
18if any, of a net operating loss to be reimbursed by the department of corrections to
19a county under s. 301.373. The bureau shall report the result of the audit to the
20department of corrections as soon as practicable.
SB807-SSA2,3 21Section 3. 13.94 (1s) (c) 9. of the statutes is created to read:
SB807-SSA2,8,2322 13.94 (1s) (c) 9. The department of corrections for the cost of an audit performed
23under sub. (1) (v).
SB807-SSA2,4 24Section 4. 16.99 (3b) of the statutes is amended to read:
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