December 27, 2017 - Introduced by Representatives Goyke, Krug, R. Brooks,
Mursau, Bowen, Brostoff, Berceau, Anderson, Riemer, Considine, Kolste,
Ohnstad, Kessler, Spreitzer, C. Taylor, Pope, Subeck, Sargent, Zamarripa
and Billings, cosponsored by Senators Larson, Johnson, L. Taylor and
Wirch. Referred to Committee on Corrections.
AB791,1,4 1An Act to repeal 301.20; to amend 16.99 (3b) and 301.16 (1x); and to create
2301.01 (4m), 301.16 (1f), 301.16 (1w), 301.18 (1) (fm) and 302.01 (13) of the
3statutes; relating to: establishing regional Type 1 juvenile correctional
4facilities and converting Lincoln Hills to an adult correctional facility.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Corrections to close the Type 1 juvenile
correctional facilities currently known as the Lincoln Hills School for boys and
Copper Lake School for girls and report to the Joint Committee on Finance on the
feasibility of converting these facilities to a correctional treatment facility for adults
in the earned release program. If JCF finds that the conversion is feasible, DOC is
required to submit plans for the conversion to the Building Commission for approval.
The bill also requires DOC to establish and operate between six and ten regional
Type 1 juvenile correctional facilities in the state.
For further information see the state 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:
AB791,1 5Section 1. 16.99 (3b) of the statutes is amended to read:
AB791,2,3
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
.
AB791,2 4Section 2. 301.01 (4m) of the statutes is created to read:
AB791,2,65 301.01 (4m) “Type 1 juvenile correctional facility” has the meaning given in s.
6938.02 (19).
AB791,3 7Section 3. 301.16 (1f) of the statutes is created to read:
AB791,2,148 301.16 (1f) In addition to the institutions under sub. (1), and subject to 2017
9Wisconsin Act .... (this act), sections 9 (1) (b ) and (2), the department may establish
10and operate a correctional treatment facility for the treatment of substance abuse for
11inmates in the program established under s. 302.05 in the town of Irma, Lincoln
12County, at the location that was the Lincoln Hills School for boys and Copper Lake
13School for girls. This subsection constitutes enumeration in the authorized state
14building program for purposes of s. 20.924.
AB791,4 15Section 4. 301.16 (1w) of the statutes is created to read:
AB791,2,2116 301.16 (1w) (a) The department shall establish and operate no fewer than 6
17and no more than 10 regional Type 1 juvenile correctional facilities. In establishing
18the facilities under this subsection, the department shall consider the distribution
19and density of the population historically served by Type 1 juvenile correctional
20facilities in the state. Each Type 1 juvenile correctional facility established under
21this subsection shall do all of the following:
AB791,2,2222 1. Be designed to accommodate low-, medium-, and high-risk juveniles.
AB791,2,2323 2. Hold not more than 36 juveniles, and not more than 24 high-risk juveniles.
AB791,2,2524 3. Maintain a minimum staff-to-juvenile ratio of 1 to 8 during waking hours
25and 1 to 16 during resident sleeping hours.
AB791,3,2
1(b) The department may designate the Grow Academy in Dane County as a
2Type 1 juvenile correctional facility under this section.
AB791,5 3Section 5. 301.16 (1x) of the statutes is amended to read:
AB791,3,94 301.16 (1x) Inmates from the Wisconsin state prisons may be transferred to the
5institutions under this section, other than a Type 1 juvenile correctional facility
6established under sub. (1w),
and they shall be subject to all laws pertaining to
7inmates of other penal institutions of this state. Officers and employees of the
8institutions shall be subject to the same laws as pertain to other penal institutions.
9Inmates shall not be received on direct commitment from the courts.
AB791,6 10Section 6. 301.18 (1) (fm) of the statutes is created to read:
AB791,3,1211 301.18 (1) (fm) Provide the facilities necessary for any Type 1 juvenile
12correctional facility that is established by the department under s. 301.16 (1w).
AB791,7 13Section 7. 301.20 of the statutes is repealed.
AB791,8 14Section 8. 302.01 (13) of the statutes is created to read:
AB791,3,1615 302.01 (13) The treatment facility established under s. 301.16 (1f) is named
16“Lincoln Hills Correctional Institution.”
AB791,9 17Section 9 . Nonstatutory provisions.
AB791,3,1918 (1) Transfer of inmates and closure of Lincoln Hills School for boys and
19Copper Lake School for girls.
AB791,3,2420 (a) Transfer of inmates. Upon the establishment of the regional Type 1 juvenile
21correctional facilities under section 301.16 (1w) of the statutes, the department of
22corrections shall transfer all of the juveniles held in secure custody at the Lincoln
23Hills School for boys and Copper Lake School for girls to the appropriate regional
24Type 1 juvenile correctional facility.
AB791,4,4
1(b) Closure of facilities. As soon as possible after the transfer of inmates under
2paragraph (a), the department of corrections shall permanently close the Type 1
3juvenile correctional facilities housed at the Lincoln Hills School for boys and Copper
4Lake School for girls in the town of Irma, Lincoln County.
AB791,4,135 (2) Conversion of state correctional facilities. No later than the first day
6of the 6th month beginning after the effective date of this subsection, the department
7of corrections shall submit to the joint committee on finance for approval a report on
8the feasibility of, and, if applicable, a plan for, converting the facilities at the Lincoln
9Hills School for boys and Copper Lake School for girls to an adult correctional
10treatment facility under section 301.16 (1f) of the statutes. If the joint committee on
11finance approves the feasibility report and conversion plan under this subsection,
12the department of corrections shall submit the conversion plan to the building
13commission for approval.
AB791,4,1414 (End)
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