Date of enactment: June 28, 2019
2019 Assembly Bill 188   Date of publication*: June 29, 2019
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2019 WISCONSIN ACT 8
An Act to repeal 46.22 (1) (b) 5m. d., 46.22 (2g) (d) 4., 46.23 (5) (n) 3. and 301.031; to amend 13.94 (1) (v), 46.011 (1p), 46.21 (2) (j), 46.215 (3), 46.23 (5) (c) 3., 46.23 (5m) (c), 48.023 (4), 48.527, 48.66 (1) (b), 49.11 (1c), 49.45 (25) (bj), 101.123 (1) (ac) 2., 301.01 (1n), 301.027, 301.19 (title), 301.37 (1m), 301.373, 938.02 (4), 938.02 (15g), 938.22 (1) (a), 938.22 (2) (d) 2., 938.33 (1) (c), 938.33 (3r), 938.34 (4m) (intro.), 938.34 (4n) (intro.), 938.355 (2) (b) 1., 938.355 (2) (b) 2., 938.355 (2) (b) 6m., 938.357 (3) (b) (intro.) and (c), 938.357 (4g) (a), 938.48 (3), 938.48 (4), 938.48 (4m) (b), 938.48 (5), 938.48 (6), 938.48 (14), 938.48 (16) (b), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), 938.54, 938.57 (4) and 938.78 (3); to repeal and recreate 938.34 (4m) (intro.); to create 46.057 (1m), 301.19 (4), 301.36 (9), 938.33 (6), 938.355 (2) (b) 2m., 938.355 (2) (b) 6n., 938.357 (3) (e) and 938.357 (4) (as) of the statutes; and to affect 2017 Wisconsin Act 185, section 38, 2017 Wisconsin Act 185, section 70, 2017 Wisconsin Act 185, section 110 (1) (a), 2017 Wisconsin Act 185, section 110 (2) (a), 2017 Wisconsin Act 185, section 110 (3) (c), 2017 Wisconsin Act 185, section 110 (4) (a) 1. c., 2017 Wisconsin Act 185, section 110 (4) (d), 2017 Wisconsin Act 185, section 110 (4) (e), 2017 Wisconsin Act 185, section 110 (4) (f), 2017 Wisconsin Act 185, section 110 (6) (e), 2017 Wisconsin Act 185, section 110 (7), 2017 Wisconsin Act 185, section 110 (7m) (b), 2017 Wisconsin Act 185, section 111 (3) and 2017 Wisconsin Act 185, section 112 (1); relating to: facilities for holding juveniles in secure custody.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
8,1 Section 1. 13.94 (1) (v) of the statutes is amended to read:
13.94 (1) (v) Conduct an audit, at the request of the department of corrections, of a county's net operating costs for a secured residential care center for children and youth that holds only female juveniles for the purpose of determining the amount, if any, of a net operating loss to be reimbursed by the department of corrections to a county under s. 301.373. The bureau shall report the result of the audit to the department of corrections as soon as practicable.
8,2 Section 2. 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act 185, section 13, is amended to read:
46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
8,3 Section 3. 46.057 (1m) of the statutes is created to read:
46.057 (1m) The director of the Mendota Mental Health Institute, or his or her designee, shall be responsible for decisions regarding admissions, treatment, and the release and return of juvenile offenders from the Mendota juvenile treatment center to county supervision.
8,4 Section 4. 46.21 (2) (j) of the statutes is amended to read:
46.21 (2) (j) May exercise approval or disapproval power over contracts and purchases of the director that are for $50,000 or more, except that the county board of supervisors may not exercise approval or disapproval power over any personal service contract or over any contract or purchase of the director that relates to community living arrangements, adult family homes, or foster homes and that was entered into pursuant to a contract under s. 46.031 (2g) or 301.031 49.325 (2g), regardless of whether the contract mentions the provider, except as provided in par. (m). The county board of supervisors may not exercise approval or disapproval power over any contract relating to mental health or mental health institutions, programs, or services. This paragraph does not preclude the county board of supervisors from creating a central purchasing department for all county purchases that are not related to mental health.
8,5 Section 5. 46.215 (3) of the statutes is amended to read:
46.215 (3) Program budgets. The county department of social services shall submit a final budget for authorized services to the department of health services under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the department of children and families under s. 49.325 (1), for authorized services.
8,6 Section 6. 46.22 (1) (b) 5m. d. of the statutes is repealed.
8,7 Section 7. 46.22 (2g) (d) 4. of the statutes is repealed.
8,8 Section 8. 46.23 (5) (c) 3. of the statutes is amended to read:
46.23 (5) (c) 3. Shall monitor the performance of contracts for the purchase of juvenile correctional services. Contracts for the purchase of those services shall be subject to the conditions specified in s. 301.031.
8,9 Section 9. 46.23 (5) (n) 3. of the statutes is repealed.
8,10 Section 10. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator; a final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services; and a final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services; and a final budget for submission to the department of corrections in accordance with s. 301.031 for the purchase of authorized juvenile correctional services.
8,11 Section 11. 48.023 (4) of the statutes, as affected by 2017 Wisconsin Act 185, section 20, is amended to read:
48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).
8,12 Section 12. 48.527 of the statutes is amended to read:
48.527 Community youth and family aids; bonus for county facilities. From the appropriation under s. 20.437 (1) (ck), the department shall allocate an amount equal to 15 percent of a county's allocation in the preceding fiscal year under s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates a joint secured residential care center for children and youth under s. 46.20 (1m) that was funded by a grant under 2017 Wisconsin Act 185, section 110 (4), and that serves juveniles from more than one county.
8,13 Section 13. 48.66 (1) (b) of the statutes is amended to read:
48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.
8,14 Section 14. 49.11 (1c) of the statutes, as affected by 2017 Wisconsin Act 185, section 27, is amended to read:
49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
8,15 Section 15. 49.45 (25) (bj) of the statutes, as affected by 2017 Wisconsin Act 185, section 29, is amended to read:
49.45 (25) (bj) The department of corrections may elect to provide case management services under this subsection to persons who are under the supervision of that department under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under s. 20.410 (3) (hm), (ho), or (hr).
8,16 Section 16. 101.123 (1) (ac) 2. of the statutes is amended to read:
101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a secured residential care center for children and youth, as defined in s. 938.02 (15g), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
8,17 Section 17. 301.01 (1n) of the statutes, as affected by 2017 Wisconsin Act 185, section 35, is amended to read:
301.01 (1n) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
8,18 Section 18. 301.027 of the statutes is amended to read:
301.027 Treatment program at one or more juvenile correctional facilities. The department shall maintain a cottage-based an intensive alcohol and other drug abuse program at one or more juvenile correctional facilities.
8,19 Section 19. 301.031 of the statutes is repealed.
8,20 Section 20. 301.19 (title) of the statutes is amended to read:
301.19 (title) Restriction Restrictions on construction or modifications of correctional facilities.
8,21 Section 21. 301.19 (4) of the statutes is created to read:
301.19 (4) Unless the governor has declared a state of emergency under s. 323.10, the department of corrections may not expand the capacity of, or substantially modify the structure or physical security of, a juvenile correctional facility established under s. 301.16 (1w) without prior approval by the governing body of the city, village, or town in which the juvenile correctional facility is located.
8,22 Section 22. 301.36 (9) of the statutes is created to read:
301.36 (9) Cooperation with local governing bodies. Upon request by the governing body of a city, village, or town in which a juvenile correctional facility established under s. 301.16 (1w) is located, the department shall meet with the governing body to discuss matters of local concern pertaining to the juvenile correctional facility.
8,23 Section 23. 301.37 (1m) of the statutes is amended to read:
301.37 (1m) Subject to the The rules promulgated by the department under sub. (1), shall allow a secured residential care center for children and youth may to use less restrictive physical security barriers than a Type 1 juvenile correctional facility while ensuring the safety of the public, staff, and youth. The rules promulgated under sub. (1) shall allow a secured residential care center for children and youth to be located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility. A secured residential care center for children and youth that is located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility shall provide trauma-informed, evidence-based programming and services as required by the department under s. 938.48 (16) (b).
8,24 Section 24. 301.373 of the statutes is amended to read:
301.373 Operating loss reimbursement program. The department shall reimburse a county that operates a secured residential care center for children and youth that holds only female juveniles in secure custody and that was established using funding from the grant program under 2017 Wisconsin Act 185, section 110 (4), for any annual net operating loss for the services and facilities offered to female juveniles. A county seeking reimbursement under this section shall submit its request and supporting financial statements for the prior fiscal year to the department and the legislative audit bureau in a format prescribed by the department. The department shall reimburse the county for the amount of the net operating loss, as determined by the legislative audit bureau under s. 13.94 (1) (v), from the appropriation under s. 20.410 (3) (f). The department may pay for the cost of the audit by the legislative audit bureau under s. 13.94 (1) (v) from the appropriation under s. 20.410 (3) (f).
8,25 Section 25. 938.02 (4) of the statutes, as affected by 2017 Wisconsin Act 185, section 50, is amended to read:
938.02 (4) “Department" means the department of children and families except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4), “department" means the department of corrections.
8,26 Section 26. 938.02 (15g) of the statutes is amended to read:
938.02 (15g) “Secured residential care center for children and youth" means a facility that complies with the requirements of ss. 301.37 and 938.48 (16) (b) operated by an Indian tribe or a county under ss. 46.20, 59.53 (8m), 301.26, 301.27, and 938.22 (1) (a) or by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.
8,27 Section 27. 938.22 (1) (a) of the statutes is amended to read:
938.22 (1) (a) The county board of supervisors of a county may establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 46.20, 59.53 (8m), 301.36, and 301.37. An Indian tribe may establish a secured residential care center for children and youth in accordance with ss. 301.36 and 301.37 or may contract with a county board of supervisors to hold juveniles who are adjudicated delinquent by the tribal court in that county's secured residential care center for children and youth. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility. Subject to ss. 48.66 (1) (b), 301.36, and 301.37, a child welfare agency may establish a secured residential care center for children and youth and contract with one or more county boards of supervisors or an Indian tribe to hold juveniles in the secured residential care center for children and youth.
8,28 Section 28. 938.22 (2) (d) 2. of the statutes is amended to read:
938.22 (2) (d) 2. After January July 1, 2021, the number of juveniles that may be housed at a juvenile detention facility under subd. 1. is limited to the number that are housed at is equal to the average daily population of juveniles housed under subd. 1., rounded up to the nearest whole number, of the juvenile detention facility on January 1 between July 1, 2018, and June 30, 2021, excluding any juveniles placed there under 2019 Wisconsin Act .... (this act), section 72 (1), and the juvenile detention facility may not be altered or added to or repaired in excess of 50 percent of its assessed value. If a juvenile detention facility violates this subdivision, it is no longer authorized to accept juveniles for placement for more than 30 consecutive days.
8,29 Section 29. 938.33 (1) (c) of the statutes is amended to read:
938.33 (1) (c) A description of the specific services or continuum of services that the agency is recommending the court to order for the juvenile or family, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services, if any, and whether or not the juvenile should receive a coordinated services plan of care.
8,30 Section 30. 938.33 (3r) of the statutes is amended to read:
938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a juvenile correctional facility secured residential care center for children and youth under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.
8,31 Section 31. 938.33 (6) of the statutes is created to read:
938.33 (6) Retention. Reports submitted under this section shall be retained in the record of the pending action, which shall be made available to the agency that is designated to supervise the juvenile under a disposition under s. 938.34 or a change of placement order under s. 938.357.
8,32 Section 32 . 938.34 (4m) (intro.) of the statutes is amended to read:
938.34 (4m) Correctional placement. (intro.) Place the juvenile under the supervision of the department of corrections in a juvenile correctional facility or under the supervision of the county department in a secured residential care center for children and youth under the supervision of identified by the county department or the department of corrections if all of the following apply:
8,33 Section 33 . 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin Act 185, section 62, is repealed and recreated to read:
938.34 (4m) Correctional placement. (intro.) Place the juvenile under the supervision of the county department in a secured residential care center for children and youth identified by the county department if all of the following apply:
8,34 Section 34. 938.34 (4n) (intro.) of the statutes is amended to read:
938.34 (4n) Community supervision or aftercare Aftercare supervision. (intro.) In the case of a juvenile who has received a correctional placement under sub. (4m), designate the county department one of the following to provide aftercare supervision for the juvenile following the juvenile's release from a secured residential care center for children and youth or Type 1 juvenile correctional facility. In the case of a juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections, designate the department of corrections to provide community supervision for the juvenile following the juvenile's release from that facility or center or, subject to any arrangement between the department of corrections and a county department regarding the provision of aftercare supervision for juveniles who have been released from a juvenile correctional facility or a secured residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from that facility or center:
8,35 Section 35. 938.355 (2) (b) 1. of the statutes is amended to read:
938.355 (2) (b) 1. The specific Specific services to be provided to the juvenile and the juvenile's family, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
8,36 Section 36. 938.355 (2) (b) 2. of the statutes is amended to read:
938.355 (2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3) or (4d), the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.
8,37 Section 37. 938.355 (2) (b) 2m. of the statutes is created to read:
938.355 (2) (b) 2m. If the juvenile is placed outside the home under s. 938.34 (4m), the name of the county department that will provide supervision and determine placement for the juvenile.
8,38 Section 38. 938.355 (2) (b) 6m. of the statutes is amended to read:
938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
8,39 Section 39. 938.355 (2) (b) 6n. of the statutes is created to read:
938.355 (2) (b) 6n. If the juvenile is placed outside the home under s. 938.34 (4m), a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
8,40 Section 40. 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
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