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:
SB807-SSA2,9,3
116.99 (3b) “Juvenile correctional facility" means the Copper Lake School and
2the Lincoln Hills School
a Type 1 juvenile correctional facility, as defined in s. 938.02
3(19), but does not include the Mendota juvenile treatment center under s. 46.057
.
SB807-SSA2,5 4Section 5 . 20.410 (3) (f) of the statutes is created to read:
SB807-SSA2,9,75 20.410 (3) (f) Operating loss reimbursement program. A sum sufficient for
6reimbursement to counties under s. 301.373 and for audits conducted by the
7legislative audit bureau under s. 13.94 (1) (v).
SB807-SSA2,6 8Section 6 . 20.410 (3) (fm) of the statutes is created to read:
SB807-SSA2,9,169 20.410 (3) (fm) Secured residential care centers for children and youth. A sum
10sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs
11incurred in financing the design and construction of secured residential care centers
12for children and youth and attached juvenile detention facilities as specified in s.
1313.48 (27m), to make the payments determined by the building commission under
14s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in
15financing those projects, and to make payments under an agreement or ancillary
16arrangement entered into under s. 18.06 (8) (a).
SB807-SSA2,7 17Section 7 . 20.437 (1) (ck) of the statutes is created to read:
SB807-SSA2,9,2018 20.437 (1) (ck) Community youth and family aids; bonus for county facilities.
19The amounts in the schedule for bonuses to qualifying counties with a secured
20residential care center for children and youth under s. 48.527.
SB807-SSA2,8 21Section 8 . 20.866 (1) (u) of the statutes, as affected by 2017 Wisconsin Act 59,
22is amended to read:
SB807-SSA2,9,2523 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys
24appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1)
25(c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e),

120.255 (1) (d), 20.285 (1) (d), (je), and (gj), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7)
2(aa), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs), (ct), (ea),
3(eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko) and (3)
4(e) and (fm), 20.435 (2) (ee), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm),
520.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a), and 20.867
6(1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL), (bm), (bn),
7(bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (cq), (cr), (cs), (g), (h), (i),
8(kd), and (q) for the payment of principal, interest, premium due, if any, and payment
9due, if any, under an agreement or ancillary arrangement entered into under s. 18.06
10(8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.
SB807-SSA2,9 11Section 9 . 20.866 (2) (ux) of the statutes, as affected by 2017 Wisconsin Act 59,
12is amended to read:
SB807-SSA2,10,1713 20.866 (2) (ux) Corrections; correctional facilities. From the capital
14improvement fund, a sum sufficient for the department of corrections to acquire,
15construct, develop, enlarge, or improve adult and juvenile correctional facilities. The
16state may contract public debt in an amount not to exceed $926,679,900
17$951,679,900 for this purpose.
SB807-SSA2,10 18Section 10 . 20.866 (2) (uzc) of the statutes is created to read:
SB807-SSA2,10,2419 20.866 (2) (uzc) Secured residential care centers for children and youth. From
20the capital improvement fund, a sum sufficient for the department of corrections to
21provide grants to counties for designing and constructing secured residential care
22centers for children and youth and attached juvenile detention facilities as specified
23in s. 13.48 (27m). The state may contract public debt in an amount not to exceed
24$40,000,000 for this purpose.
SB807-SSA2,11
1Section 11. 20.866 (2) (v) of the statutes, as affected by 2017 Wisconsin Act 59,
2is amended to read:
SB807-SSA2,11,73 20.866 (2) (v) Health services; mental health and secure treatment facilities.
4From the capital improvement fund, a sum sufficient for the department of health
5services to acquire, construct, develop, enlarge, or extend mental health and secure
6treatment facilities. The state may contract public debt in an amount not to exceed
7$208,646,200 $223,646,200 for this purpose.
SB807-SSA2,12 8Section 12 . 46.011 (1p) of the statutes is amended to read:
SB807-SSA2,11,119 46.011 (1p) “Juvenile correctional services" means services provided for a
10juvenile who is under the supervision of the department of corrections under s.
11938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807-SSA2,13 12Section 13 . 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act ....
13(this act), is amended to read:
SB807-SSA2,11,1614 46.011 (1p) “Juvenile correctional services" means services provided for a
15juvenile who is under the supervision of the department of corrections under s.
16938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807-SSA2,14 17Section 14 . 46.057 (1) of the statutes is amended to read:
SB807-SSA2,12,1218 46.057 (1) The department shall establish, maintain, and operate the Mendota
19juvenile treatment center on the grounds of the Mendota Mental Health Institute.
20The department may designate staff at the Mendota Mental Health Institute as
21responsible for administering, and providing services at, the center.
22Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the
23Mendota juvenile treatment center as a juvenile correctional facility, as defined in
24s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33
25(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as

1defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center
2shall provide psychological and psychiatric evaluations and treatment for juveniles
3whose behavior presents a serious problem to themselves or others in other juvenile
4correctional facilities and whose mental health needs can be met at the center. With
5the approval of the department of health services, the department of corrections may
6transfer to the center any juvenile who has been placed in a juvenile correctional
7facility or a secured residential care center for children and youth under the
8supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m),
9or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections
10transfers juveniles between other juvenile correctional facilities. Upon the
11recommendation of the department of health services, a court may place a juvenile
12at the center in a proceeding for a change in placement order under s. 938.357 (3).
SB807-SSA2,15 13Section 15 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act ....
14(this act), is amended to read:
SB807-SSA2,13,915 46.057 (1) The department shall establish, maintain, and operate the Mendota
16juvenile treatment center on the grounds of the Mendota Mental Health Institute.
17The department may designate staff at the Mendota Mental Health Institute as
18responsible for administering, and providing services at, the center.
19Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the
20Mendota juvenile treatment center as a juvenile correctional facility, as defined in
21s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33
22(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as
23defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center
24shall provide psychological and psychiatric evaluations and treatment for juveniles
25whose behavior presents a serious problem to themselves or others in other juvenile

1correctional facilities and whose mental health needs can be met at the center. With
2the approval of the department of health services, the department of corrections may
3transfer to the center any juvenile who has been placed in a juvenile correctional
4facility or a secured residential care center for children and youth under the
5supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m),
6or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections
7transfers juveniles between other juvenile correctional facilities. Upon the
8recommendation of the department of health services, a court may place a juvenile
9at the center in a proceeding for a change in placement order under s. 938.357 (3).
SB807-SSA2,16 10Section 16 . 46.20 (1m) of the statutes is created to read:
SB807-SSA2,13,1611 46.20 (1m) Any 2 or more counties may jointly, by majority vote of all the
12members of each county board, provide for a secured residential care center for
13children and youth, as defined in s. 938.02 (15g), under ss. 59.52 (7) and 66.0301. A
14secured residential care center for children and youth established under this section
15shall be the county secured residential care center for children and youth of each of
16the counties so joining.
SB807-SSA2,17 17Section 17 . 46.20 (3) of the statutes is amended to read:
SB807-SSA2,13,2518 46.20 (3) Upon approval of the site, plans, and specifications for the institution,
19as provided in ss. 46.17 and 301.37, as to other institutions, the joint committee shall
20report to the several county boards the estimated cost of the site and buildings, and
21the amount thereof chargeable to each county on the basis set forth in sub. (6) (a),
22appending to each report a copy of the plans and specifications and all matter
23relating to the site and buildings. If the report is approved by each county board, the
24joint committee shall purchase the site and cause the buildings to be erected in
25accordance with the plans and specifications.
SB807-SSA2,18
1Section 18. 46.22 (1) (a) of the statutes is amended to read:
SB807-SSA2,14,72 46.22 (1) (a) Creation. Except as provided under s. 46.23 (3) (b), the county
3board of supervisors of any county with a population of less than 500,000 750,000,
4or the county boards of 2 or more counties, shall establish a county department of
5social services on a single-county or multicounty basis. The county department of
6social services shall consist of a county social services board, a county social services
7director and necessary personnel.
SB807-SSA2,19 8Section 19 . 48.023 (4) of the statutes is amended to read:
SB807-SSA2,14,139 48.023 (4) The rights and responsibilities of legal custody except when legal
10custody has been vested in another person or when the child is under the supervision
11of the department of corrections under s. 938.183, 938.34 (4h), (4m) , or (4n), or
12938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d),
13(4m),
or (4n).
SB807-SSA2,20 14Section 20 . 48.023 (4) of the statutes, as affected by 2017 Wisconsin Act ....
15(this act), is amended to read:
SB807-SSA2,14,2016 48.023 (4) The rights and responsibilities of legal custody except when legal
17custody has been vested in another person or when the child is under the supervision
18of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or
19938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d),
20(4m), or (4n).
SB807-SSA2,21 21Section 21 . 48.526 (2) (c) of the statutes is amended to read:
SB807-SSA2,15,622 48.526 (2) (c) All funds to counties under this section shall be used to purchase
23or provide community-based juvenile delinquency-related services, as defined in s.
2446.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011
25(1p), except that no funds to counties under this section may be used for purposes of

1land purchase, building construction, or maintenance of buildings under s. 46.17,
246.175, or 301.37, for reimbursement of costs under s. 938.209, for city lockups, or
3for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to
4counties under this section may be used for reimbursement of costs of program
5services, other than including basic care and supervision costs, in juvenile detention
6facilities and secured residential care centers for children and youth.
SB807-SSA2,22 7Section 22 . 48.526 (6) (b) of the statutes is amended to read:
SB807-SSA2,15,148 48.526 (6) (b) The criteria developed under par. (a) shall include performance
9standards criteria to be used to determine whether counties are successfully
10diverting juveniles from juvenile correctional facilities and secured residential care
11centers for children and youth
to less restrictive community programs and are
12successfully rehabilitating juveniles who are adjudged delinquent. Counties shall
13provide information requested by the department in order to apply the criteria and
14assess their performances.
SB807-SSA2,23 15Section 23 . 48.526 (7) (bm) of the statutes is amended to read:
SB807-SSA2,15,2116 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall
17allocate $6,250,000 for the last 6 months of 2015, $12,500,000 for 2016, and
18$6,250,000 for the first 6 months of 2017 to counties based on each county's
19proportion of the number of juveniles statewide who are placed in a juvenile
20correctional facility or a secured residential care center for children and youth during
21the most recent 3-year period for which that information is available.
SB807-SSA2,24 22Section 24 . 48.527 of the statutes is created to read:
SB807-SSA2,16,3 2348.527 Community youth and family aids; bonus for county facilities.
24From the appropriation under s. 20.437 (1) (ck), the department shall allocate an
25amount equal to 15 percent of a county's allocation in the preceding fiscal year under

1s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates
2a joint secured residential care center for children and youth under s. 46.20 (1m) that
3was funded by a grant under 2017 Wisconsin Act .... (this act), section 110 (4 ).
SB807-SSA2,25 4Section 25 . 48.66 (1) (b) of the statutes, as affected by 2017 Wisconsin Act 47,
5is amended to read:
SB807-SSA2,16,126 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections
7may license a child welfare agency to operate a secured residential care center for
8children and youth for holding in secure custody juveniles who have been convicted
9under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or
10(4m) and referred to the child welfare agency by the court, the county department,
11or the department of corrections and to provide supervision, care , and maintenance
12for those juveniles.
SB807-SSA2,26 13Section 26 . 49.11 (1c) of the statutes is amended to read:
SB807-SSA2,16,1714 49.11 (1c) “Community-based juvenile delinquency-related services" means
15juvenile delinquency-related services provided under ch. 938 other than services
16provided for a juvenile who is under the supervision of the department of corrections
17under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807-SSA2,27 18Section 27 . 49.11 (1c) of the statutes, as affected by 2017 Wisconsin Act .... (this
19act), is amended to read:
SB807-SSA2,16,2320 49.11 (1c) “Community-based juvenile delinquency-related services" means
21juvenile delinquency-related services provided under ch. 938 other than services
22provided for a juvenile who is under the supervision of the department of corrections
23under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807-SSA2,28 24Section 28 . 49.45 (25) (bj) of the statutes is amended to read:
SB807-SSA2,17,8
149.45 (25) (bj) The department of corrections may elect to provide case
2management services under this subsection to persons who are under the
3supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or
4938.357 (3) or (4), who are Medical Assistance beneficiaries, and who meet one or
5more of the conditions specified in par. (am). The amount of the allowable charges
6for those services under the Medical Assistance program that is not provided by the
7federal government shall be paid from the appropriation account under s. 20.410 (3)
8(hm), (ho), or (hr).
SB807-SSA2,29 9Section 29 . 49.45 (25) (bj) of the statutes, as affected by 2017 Wisconsin Act
10.... (this act), is amended to read:
SB807-SSA2,17,1811 49.45 (25) (bj) The department of corrections may elect to provide case
12management services under this subsection to persons who are under the
13supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or
14938.357 (3) or (4), who are Medical Assistance beneficiaries, and who meet one or
15more of the conditions specified in par. (am). The amount of the allowable charges
16for those services under the Medical Assistance program that is not provided by the
17federal government shall be paid from the appropriation account under s. 20.410 (3)
18(hm), (ho), or (hr).
SB807-SSA2,30 19Section 30 . 51.35 (3) (a) of the statutes is amended to read:
SB807-SSA2,18,2320 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a
21secured residential care center for children and youth, or a licensed physician of a
22county department under s. 938.02 (2g) or
the department of corrections, who has
23reason to believe that any individual confined in the juvenile correctional facility or
24secured residential care center for children and youth is, in his or her opinion, in need
25of services for developmental disability, alcoholism, or drug dependency or in need

1of psychiatric services, and who has obtained consent to make a transfer for
2treatment, shall make a report, in writing, to the superintendent of the juvenile
3correctional facility or secured residential care center for children and youth, stating
4the nature and basis of the belief and verifying the consent. In the case of a minor
5age 14 or older who is in need of services for developmental disability or who is in
6need of psychiatric services, the minor and the minor's parent or guardian shall
7consent unless the minor is admitted under s. 51.13 (1) (c) or unless the minor refuses
8to consent, in which case the minor's parent or guardian may consent on behalf of the
9minor. In the case of a minor age 14 or older who is in need of services for alcoholism
10or drug dependency or a minor under the age of 14 who is in need of services for
11developmental disability, alcoholism, or drug dependency or in need of psychiatric
12services, only the minor's parent or guardian needs to consent unless the minor is
13admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in
14writing, the minor and the minor's parent or guardian, that transfer is being
15considered and shall inform them of the basis for the request and their rights as
16provided in s. 51.13 (3) (am). If the county department or the department of
17corrections, upon review of a request for transfer, determines that transfer is
18appropriate, that department shall immediately notify the department of health
19services and, if the department of health services consents, the county department
20or
department of corrections may immediately transfer the individual. The
21department of health services shall file a petition under s. 51.13 (4) (a) in the court
22assigned to exercise jurisdiction under chs. 48 and 938 of the county where the
23treatment facility is located.
SB807-SSA2,31 24Section 31 . 51.35 (3) (c) and (e) of the statutes, as affected by 2017 Wisconsin
25Act 34
, are amended to read:
SB807-SSA2,19,16
151.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a
2secured residential care center for children and youth or a licensed physician of a
3county department under s. 938.02 (2g) or
the department of corrections, who has
4reason to believe that any individual confined in the juvenile correctional facility or
5secured residential care center for children and youth, in his or her opinion, has a
6mental illness, drug dependency, or developmental disability and is dangerous as
7described in s. 51.20 (1) (a) 2., or is dangerous and is an alcoholic or a person who is
8drug dependent as described in s. 51.45 (13) (a) 1. and 2., shall file a written report
9with the superintendent of the juvenile correctional facility or secured residential
10care center for children and youth, stating the nature and basis of the belief. If the
11superintendent, upon review of the allegations in the report, determines that
12transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45
13in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county
14where the juvenile correctional facility or secured residential care center for children
15and youth is located. The court shall hold a hearing according to procedures provided
16in s. 51.20 or 51.45 (13).
SB807-SSA2,20,1417 (e) The department of corrections or a county department under s. 938.02 (2g)
18may authorize emergency transfer of an individual from a juvenile correctional
19facility or a secured residential care center for children and youth to a state
20treatment facility if there is cause to believe that the individual has a mental illness,
21drug dependency, or developmental disability and exhibits conduct that constitutes
22a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to
23others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20
24(1) (a) 2. e., or is dangerous and is an alcoholic or a person who is drug dependent as
25provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile

1correctional facility or secured residential care center for children and youth shall
2execute a statement of emergency detention or petition for emergency commitment
3for the individual and deliver it to the receiving state treatment facility. The
4department of health services shall file the statement or petition with the court
5within 24 hours after the subject individual is received for detention or commitment.
6The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After
7an emergency transfer is made, the director of the receiving facility may file a
8petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the
9individual to the juvenile correctional facility or secured residential care center for
10children and youth from which the transfer was made. As an alternative to this
11procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that
12no individual may be released without the approval of the court that directed
13confinement in the juvenile correctional facility or secured residential care center for
14children and youth.
SB807-SSA2,32 15Section 32 . 59.53 (8m) of the statutes is created to read:
SB807-SSA2,20,2516 59.53 (8m) Secured residential care center for children and youth. The
17board may establish, or contract with a child welfare agency to establish, a secured
18residential care center for children and youth, on its own or jointly with one or more
19counties, under ss. 46.20 (1m), 59.52 (7), 66.0301, and 938.22 (1) (a), or may contract
20with another county to place juveniles in that county's secured residential care
21center for children and youth. If a board contracts with another county to place a
22juvenile at that county's secured residential care center for children and youth, that
23secured residential care center for children and youth shall be the county secured
24residential care center for children and youth of the placing county with respect to
25the placed juvenile.
SB807-SSA2,33
1Section 33. 121.79 (1) (e) of the statutes is created to read:
SB807-SSA2,21,32 121.79 (1) (e) For pupils in secured residential care centers for children and
3youth, as defined under s. 938.02 (15g).
SB807-SSA2,34 4Section 34 . 301.01 (1n) of the statutes is amended to read:
SB807-SSA2,21,75 301.01 (1n) “Juvenile correctional services" means services provided for a
6juvenile who is under the supervision of the department of corrections under s.
7938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807-SSA2,35 8Section 35 . 301.01 (1n) of the statutes, as affected by 2017 Wisconsin Act ....
9(this act), is amended to read:
SB807-SSA2,21,1210 301.01 (1n) “Juvenile correctional services" means services provided for a
11juvenile who is under the supervision of the department of corrections under s.
12938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
SB807-SSA2,36 13Section 36 . 301.03 (9) of the statutes is amended to read:
SB807-SSA2,21,2214 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all
15persons placed under court-ordered departmental supervision under s. 938.34 (2),
16all persons placed in the serious juvenile offender program under s. 938.34 (4h), all
17persons placed in a juvenile correctional facility or a secured residential treatment
18center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed
19under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons
20placed in an experiential education program under the supervision of the
21department under s. 938.34 (7g)
and all persons placed under the supervision of the
22department by the court under ch. 938
.
SB807-SSA2,37 23Section 37 . 301.03 (10) (d) of the statutes is amended to read:
SB807-SSA2,22,424 301.03 (10) (d) Administer the office of juvenile offender review in the division
25of juvenile corrections in the department. The office shall be responsible for decisions

1regarding case planning and the release of juvenile offenders who are under the
2supervision of the department
from juvenile correctional facilities or secured
3residential care centers for children and youth to aftercare or community supervision
4placements.
SB807-SSA2,38 5Section 38 . 301.03 (10) (d) of the statutes, as affected by 2017 Wisconsin Act
6.... (this act), is amended to read:
SB807-SSA2,22,127 301.03 (10) (d) Administer the office of juvenile offender review in the division
8of juvenile corrections in the department. The office shall be responsible for decisions
9regarding case planning and the release of juvenile offenders who are under the
10supervision of the department from juvenile correctional facilities or secured
11residential care centers for children and youth to aftercare or community supervision
12placements.
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