LRB-2156/P2
EAW:amn
2019 - 2020 LEGISLATURE
DOA:......Michael, BB0440 - Act 185 changes
For 2019-2021 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Juvenile Correctional System
1. Closing Lincoln Hills and Copper Lake schools
This bill makes certain changes to the grant program for the design and construction of new secured residential care centers for children and youth (SRCCCYs) under 2017 Wisconsin Act 185. Act 185 created a grant program for counties to construct new SRCCCYs for the purpose of holding in secure custody juveniles who are adjudicated delinquent and given a correctional placement. Act 185 formed a juvenile corrections grant committee, including three members appointed from each house of the legislature. This bill requires that one member appointed from each house must be a member of the minority party. Under Act 185, grant applications are due by March 31, 2019, and plan recommendations must be submitted to the Joint Committee on Finance by July 1, 2019. This bill extends the grant program deadlines by three months, so that applications are due by June 30, 2019, and plan recommendations are due to the Joint Committee on Finance by October 1, 2019. Act 185 also required the current juvenile correctional facility owned and operated by the Department of Corrections (Lincoln Hills and Copper Lake schools) to be closed no later than January 1, 2021, or when all of the juveniles that are held there are transferred to the new county-run SRCCCYs or a new state-run juvenile correctional facility, also funded by and required under Act 185. This bill removes the deadline for closing Lincoln Hills and Copper Lake schools and for constructing the new SRCCCYs and new state-run juvenile correctional facility.
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:
Section 1 . 938.22 (2) (d) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is repealed and recreated to read:
938.22 (2) (d) 1. Except as provided in subd. 2., a juvenile detention facility is authorized to accept juveniles for placement for more than 30 consecutive days under s. 938.34 (3) (f) 1. if all of the following apply:
a. The juvenile detention facility is operated by a county, the county board of supervisors of which has adopted a resolution under s. 938.34 (3) (f) 3., prior to January 1, 2018, authorizing placement of juveniles at the juvenile detention facility under s. 938.34 (3) (f) for more than 30 consecutive days.
b. The county that operates the juvenile detention facility is not awarded a grant under 2017 Wisconsin Act 185, section 110 (4).
2. After the effective date of this subdivision .... [LRB inserts date], 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 the juvenile detention facility on that date, 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.
Section 2. 938.22 (2) (d) 1. of the statutes is renumbered 938.22 (2) (d), and 938.22 (2) (d) (intro.), as renumbered, is amended to read:
938.22 (2) (d) (intro.) Except as provided in subd. 2., a A juvenile detention facility is authorized to accept juveniles for placement for more than 30 consecutive days under s. 938.34 (3) (f) 1. if all of the following apply:
Section 3. 938.22 (2) (d) 2. of the statutes is repealed.
Section 4 . 938.34 (3) (f) 1. of the statutes is amended to read:
938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 365 in a juvenile detention facility under s. 938.22 (2) (d) 1. and may be for no more than 30 consecutive days in any other juvenile detention facility, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.
Section 5 . 938.34 (3) (f) 1. of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:
938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 365 in a juvenile detention facility under s. 938.22 (2) (d) 1. and may be for no more than 30 consecutive days in any other juvenile detention facility, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.
Section 6 . 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:
[2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than January 1, 2021 as soon as a substitute placement that meets the needs of that juvenile is ready.
Section 7 . 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:
[2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or January 1, 2021, the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.
Section 8 . 2017 Wisconsin Act 185, section 110 (3) (a) 4. and 5. are amended to read:
[2017 Wisconsin Act 185] Section 110 (3) (a) 4. Three Two senators appointed by the senate majority leader or the appointed senator's designee and one senator appointed by the senate minority leader or the appointed senator's designee.
5. Three Two representatives to the assembly appointed by the speaker of the assembly or that appointed representative's designee and one representative to the assembly appointed by the assembly minority leader or the appointed representative's designee.
Section 9 . 2017 Wisconsin Act 185, section 110 (3) (c) is amended to read:
[2017 Wisconsin Act 185] Section 110 (3) (c) Termination. The juvenile corrections grant committee terminates on the earlier of the date on which all projects funded with grants under subsection (4) are completed or January 1, 2021.
Section 10 . 2017 Wisconsin Act 185, section 110 (4) (d) is amended to read:
[2017 Wisconsin Act 185] Section 110 (4) (d) Deadline. Grant applications are due no later than March 31 June 30, 2019. Between that date and June 30 September 30, 2019, the juvenile corrections grant committee may work with applicants to modify their applications in order to increase the likelihood of being awarded a grant.
Section 11 . 2017 Wisconsin Act 185, section 110 (4) (f) is amended to read:
[2017 Wisconsin Act 185] Section 110 (4) (f) Plan approval. No later than July October 1, 2019, the juvenile corrections grant committee shall submit the plan under paragraph (e) for approval to the joint committee on finance. The juvenile corrections grant committee and the department of corrections may not implement the plan until it is approved by the joint committee on finance, as submitted or as modified.
Section 12 . 2017 Wisconsin Act 185, section 110 (6) (e) is amended to read:
[2017 Wisconsin Act 185] Section 110 (6) (e) Termination. The juvenile corrections study committee terminates on January 1, 2021 the date on which all projects funded with grants under subsection (4) are completed.
Section 13. 2017 Wisconsin Act 185, section 110 (7) is amended to read:
[2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than January 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.
Section 14 . 2017 Wisconsin Act 185, section 110 (7m) (b) is amended to read:
[2017 Wisconsin Act 185] Section 110 (7m) (b) 1. Notwithstanding section 938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on January 1, 2021 the effective date of this subdivision, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is a secured residential care center for children and youth and juveniles may be placed there under section 938.34 (4m) of the statutes.
2. Notwithstanding subdivision 1., on January 1, 2021 the effective date of this subdivision, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is, with respect to a juvenile placed under section 938.34 (3) (f) of the statutes prior to January 1, 2021 the effective date of this subdivision, a juvenile detention facility.
Section 15 . 2017 Wisconsin Act 185, section 111 (3) is amended to read:
[2017 Wisconsin Act 185] Section 111 (3) The treatment of section 938.34 (3) (f) 1. of the statutes, with respect to an eligible juvenile detention facility under Section 110 (7m), first applies to a juvenile adjudicated delinquent on January 1, 2021 the effective date of this subsection.
Section 16. 2017 Wisconsin Act 185, section 112 (1) is amended to read:
[2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.03 (10) (d) (by Section 38), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.357 (4) (am) (by Section 70), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes and Sections 110 (7m) (b) and 111 (3) of this act take effect on the date specified in the notice under Section 110 (2) (b) or January 1, 2021, whichever is earlier.
Section 9108. Nonstatutory provisions; Corrections.
(1) Juvenile corrections grant committee; recommendations. Notwithstanding 2017 Wisconsin Act 185, section 110 (4) (e) and (f), the juvenile corrections grant committee may submit an individual grant recommendation to the joint committee on finance for approval before the juvenile corrections grant committee submits the statewide plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the juvenile corrections grant committee within 14 working days after the date that the grant recommendation was submitted that the joint committee on finance has scheduled a meeting for the purpose of reviewing the grant recommendation, the grant may be awarded as proposed by the juvenile corrections grant committee. If, within 14 working days after the date the grant recommendation was submitted, the cochairpersons of the joint committee on finance notify the juvenile corrections grant committee that the joint committee on finance has scheduled a meeting for the purpose of reviewing the grant recommendation, the grant may be awarded only upon approval of the joint committee on finance.
Section 9408. Effective dates; Corrections.
(1) Grandfathered juvenile detention facilities. The treatment of ss. 938.22 (2) (d) (by Section 1 ) and 938.34 (3) (f) 1. (by Section 5 ) takes effect on the date specified in the notice under 2017 Wisconsin Act 185, section 110 (2) (b).
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