LRB-5515/1
EHS&EAW:kjf
2017 - 2018 LEGISLATURE
February 15, 2018 - Introduced by Senators Wanggaard and L. Taylor. Referred
to Committee on Judiciary and Public Safety.
SB807,2,2 1An Act to repeal 20.410 (4) (bm) and 301.20; to renumber and amend 938.357
2(3), 938.357 (4) (a) and 938.485 (5); to amend 16.99 (3b), 46.011 (1p), 46.057 (1),
346.20 (3), 46.22 (1) (a), 48.023 (4), 48.526 (2) (c), 48.526 (6) (b), 48.526 (7) (bm),
448.66 (1) (b), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 301.03 (9), 301.03 (10) (d),
5301.08 (1) (b) 3., 301.16 (1x), 301.37 (1), 938.02 (4), 938.02 (15g), 938.22 (1) (a),
6938.22 (2) (a), 938.225, 938.34 (2) (a), 938.34 (2) (b), 938.34 (4m) (intro.), 938.357
7(4) (am), 938.357 (4) (b) 1., 938.357 (4) (b) 2., 938.357 (4) (b) 4., 938.357 (4) (c)
81., 938.357 (4m), 938.48 (3), 938.48 (4), 938.48 (4m) (b), 938.48 (5), 938.48 (6),
9938.48 (14), 938.49 (title), 938.49 (1), 938.49 (2) (intro.), 938.49 (2) (a), 938.505
10(1), 938.52 (2) (a) and (c), 938.53, 938.535, 938.539 (2), 938.539 (3), 938.539 (4),
11938.539 (5), 938.54, 938.59 (1) and 938.595; to repeal and recreate 938.357
12(4) (title); and to create 20.410 (4) (bm), 46.20 (1m), 59.53 (8m), 301.16 (1w),
13301.18 (1) (fm), 301.37 (1m), 938.357 (3) (a) and (b), 938.357 (4) (ab), 938.357
14(4) (d) and 938.485 (5) (b) and (c) of the statutes; relating to: juvenile

1correctional facilities, youth aids, providing an exemption from emergency rule
2procedures, granting rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the state to close the Lincoln Hills School and Copper Lake
School by July 1, 2020, requires the Department of Corrections to establish new Type
1 juvenile correctional facilities, 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 bill 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 bill creates a council to study juvenile corrections
issues and a grant program under which counties may apply for state funding of 95
percent of the cost of establishing or constructing secured residential care centers for
children and youth. The bill also expands the authorized uses of youth aids for
program costs in juvenile detention facilities and secured residential care centers for
children and youth.
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 bill, 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.
Under the bill, no later than July 1, 2020, the county board of supervisors of a
county is required to ensure there is sufficient space in a secured residential care
center for children and youth for all juveniles adjudicated delinquent by the county's
circuit court and placed in a secured residential care center for children and youth.
The bill authorizes a county to establish, or contract with a child welfare agency to
establish, a secured residential care center for children and youth, on its own or
jointly with one or more counties, or to 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 bill allows a child welfare agency to be licensed to
operate a secured residential care center for children and youth. Also by July 1, 2020,
the bill requires DOC to construct or establish one or more Type 1 juvenile
correctional facilities with sufficient space for all juveniles placed in a Type 1 juvenile
correctional facility.
The bill creates 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 bill
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 bill 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 bill requires the
committee to submit its findings and recommendations to the Department of
Children and Families no later than September 1, 2018, and requires DCF to
promulgate rules establishing standards for services in secured residential care
centers for children and youth based on those recommendations. The bill requires
DCF to promulgate emergency rules establishing these standards no later than
December 31, 2018.
3. Updating DOC's rules governing juvenile detention centers. The bill
requires the committee to submit these recommendations to DOC no later than July
1, 2020.
The committee is required under the bill to consult with the Council of State
Governments, if it agrees, to aid the committee's research and development of
recommendations. Under the bill, the committee terminates on July 1, 2020.
The bill 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 bill then requires the closure
of Lincoln Hills School and Copper Lake School once all juveniles have been
transferred, but no later than July 1, 2020. By that date the bill also requires DOC
to submit to the Joint Committee on Finance a report on the feasibility of converting
the Lincoln Hills School and Copper Lake School facilities into an alcohol and other
drug abuse treatment facility for adults or a correctional treatment facility for the
treatment of substance abuse of inmates under the Wisconsin Substance Abuse
Program
Under the bill, 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 bill, 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 bill maintains DOC's authority under current law to license, supervise, and
inspect secured residential care centers for children and youth. Under the bill, a
county 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 bill, 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, after a placement in a secured residential
care center for children and youth, the juvenile's behavior presents a serious problem
for the juvenile or others, the county department may place the juvenile in a different
secured residential care center for children and youth that offers more appropriate
care and services 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
juvenile's behavior presents a serious problem for the juvenile or others, DOC may
place the juvenile in a different secured residential care center for children and youth
without a hearing. Also under the bill, 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 juvenile's behavior presents a serious problem for the juvenile or others
in the secured residential care center and that all other placement options have been
exhausted, including placement in at least one other secured residential care center
for children and youth, if available.
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 bill 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.
Juvenile corrections grant program.
The bill creates in DOC a Juvenile Corrections Grant Committee, which is
required to establish and administer a juvenile corrections grant program, under
which counties may apply for a grant to pay 95 percent of the costs of establishing
or constructing secured residential care centers for children and youth. The bill
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 bill 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 court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code for each county participating in the
grant application. The bill requires the committee to require that a proposed facility
have the capacity to house no fewer than 24 juveniles. The bill 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 bill, 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 bill
requires the committee, in consultation with DOC and DCF, to develop a statewide
plan that recommends which of the grant applications to approve. 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 bill requires the Juvenile Corrections Grant Committee to submit its plan
to the Joint Committee on Finance no later than July 1, 2019, to request approval
to proceed with the plan under a passive review process. If approved, the bill 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
for the deadline for transferring 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. Under the bill, the Juvenile Corrections Grant
Committee terminates on the earlier of the date on which all projects funded with
the grants are completed or July 1, 2020.
Department of Corrections employees.
The bill 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 bill, 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 July 1, 2020, 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 DCF 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 bill 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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB807,1 1Section 1 . 16.99 (3b) of the statutes is amended to read:
SB807,6,42 16.99 (3b) “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
.
SB807,2 5Section 2 . 20.410 (4) (bm) of the statutes is created to read:
SB807,6,76 20.410 (4) (bm) Juvenile corrections grant program. A sum sufficient to issue
7grants under Section 90 (4) of 2017 Wisconsin Act .... (this act).
SB807,3 8Section 3 . 20.410 (4) (bm) of the statutes, as affected by 2017 Wisconsin Act
9.... (this act), is repealed.
SB807,4 10Section 4 . 46.011 (1p) of the statutes is amended to read:
SB807,6,1311 46.011 (1p) “Juvenile correctional services" means services provided for a
12juvenile who is under the supervision of the department of corrections under s.
13938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807,5 14Section 5 . 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act ....
15(this act), is amended to read:
SB807,7,3
146.011 (1p) “Juvenile correctional services" means services provided for a
2juvenile who is under the supervision of the department of corrections under s.
3938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807,6 4Section 6 . 46.057 (1) of the statutes is amended to read:
SB807,7,235 46.057 (1) The department shall establish, maintain, and operate the Mendota
6juvenile treatment center on the grounds of the Mendota Mental Health Institute.
7The department may designate staff at the Mendota Mental Health Institute as
8responsible for administering, and providing services at, the center.
9Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the
10Mendota juvenile treatment center as a juvenile correctional facility, as defined in
11s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33
12(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as
13defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center
14shall provide psychological and psychiatric evaluations and treatment for juveniles
15whose behavior presents a serious problem to themselves or others in other juvenile
16correctional facilities and whose mental health needs can be met at the center. With
17the approval of the department of health services, the department of corrections or
18a county department
may transfer to the center any juvenile who has been placed in
19a juvenile correctional facility or a secured residential care center for children and
20youth
under the supervision of the department of corrections or a county department
21under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4), or (5) (e) in the same manner
22that the department of corrections or a county department transfers juveniles
23between other juvenile correctional facilities.
SB807,7 24Section 7 . 46.20 (1m) of the statutes is created to read:
SB807,8,5
146.20 (1m) Any 2 or more counties may jointly, by majority vote of all the
2members of each county board, provide for a secured residential care center for
3children and youth, as defined in s. 938.02 (15g). A secured residential care center
4for children and youth established under this section shall be the county secured
5residential care center for children and youth of each of the counties so joining.
SB807,8 6Section 8 . 46.20 (3) of the statutes is amended to read:
SB807,8,147 46.20 (3) Upon approval of the site, plans, and specifications for the institution,
8as provided in ss. 46.17 and 301.37, as to other institutions, the joint committee shall
9report to the several county boards the estimated cost of the site and buildings, and
10the amount thereof chargeable to each county on the basis set forth in sub. (6) (a),
11appending to each report a copy of the plans and specifications and all matter
12relating to the site and buildings. If the report is approved by each county board, the
13joint committee shall purchase the site and cause the buildings to be erected in
14accordance with the plans and specifications.
SB807,9 15Section 9 . 46.22 (1) (a) of the statutes is amended to read:
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