[Bill Section: 1002]
8. CONTINUED USE OF PRAIRIE DU CHIEN FACILITY AS ADULT PRISON
Governor: Extend the period for operating the secured juvenile correctional facility at Prairie du Chien as an adult prison for inmates who are not more than 21 years of age and who are not violent offenders to July 1, 2001. Repeal a GPR appropriation created under 1997 Act 4 for the start-up and training costs of the Prairie du Chien facility. Under current law, the secured juvenile correctional facility at Prairie du Chien may be operated, until July 1, 1999, as an adult prison for inmates who are not more than 21 years of age and who are not violent offenders, as determined by the Department of Corrections.
[Bill Sections: 359 and 3261]
9. SERIOUS JUVENILE OFFENDER PROGRAM
Governor: Project the following average daily populations for the serious juvenile offender (SJO) appropriation, including SJO juveniles, violent juvenile offenders (VJO) and extended jurisdiction (EJ) juveniles, in the 1999-01 biennium:
SJO VJO EJ
Type of Care 1999-00 2000-01 1999-00 2000-01 1999-00 2000-01
Secured Correctional Facilities 122 122 0 0 26 19
Corrective Sanctions Program 26 45 1 0 5 4
Aftercare Supervision 26 45 0 0 5 3
Total ADP 174 212 1 0 36 26
Alternate Care* 26 44 0 0 0 0
*Includes child caring institutions and group homes and are a subset of aftercare supervision.
The SJO appropriation reimburses juvenile correctional institutions, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred, beginning on July 1, 1996, for: (a) the care of any juvenile 14 years of age or over who has been adjudicated delinquent for an act that is equivalent to a Class A or B felony or a juvenile 10 years of age or older who has attempted or committed first-degree intentional homicide or has committed first-degree reckless or second-degree intentional homicide, and who has a disposition as a serious juvenile offender; (b) juveniles less than 16 years of age under the jurisdiction of the adult court and sentenced to state prison, but placed by DOC at a secured juvenile correctional facility or a secured child caring institution; (c) correctional services for juveniles adjudicated as violent juvenile offenders for certain offenses committed prior to July 1, 1996; and (d) juveniles under extended jurisdiction orders prior to July 1, 1996 who receive juvenile correctional services. A SJO disposition, under (a) above, may only be made if the judge finds that the only other disposition that would be appropriate is placement in a secured correctional facility. For a juvenile receiving a SJO disposition, the court is required to make the order apply for a period of five years if the adjudicated act was a Class B felony offense, or until the juvenile reaches 25 years of age if the adjudicated act was a Class A felony offense.
Base funding for the SJO appropriation totals $10,813,200. No additional funding is provided under the bill for the SJO appropriation, although the population projections and daily rates for care under the bill vary from those used to calculate 1998-99 base-level funding. In addition, the population projections for the SJO appropriation under the bill do not include juveniles under the jurisdiction of the adult court, but placed by DOC in a juvenile facility. This will need to be clarified.
10. PURCHASE OF COMMUNITY SERVICES -- CORRECTIVE SANCTIONS
PR - $429,600
Governor: Delete $246,300 in 1999-00 and $183,300 in 2000-01 for the purchase of community-based services for juveniles under the corrective sanctions program. Under current law, a juvenile participating in the corrective sanctions program is placed in the community and the Department of Corrections must provide intensive surveillance of the juvenile. The Department must also, by statute, expend an average of $5,000 a year per corrective sanctions slot to purchase community-based treatment services for participants. Under the bill, the Department would be required to expend an average of $3,000 a year per corrective sanctions slot.
[Bill Section: 3176]
PR $360,200
11. STANDARDIZED DRESS FOR YOUTH COUNSELORS
Governor: Provide $260,700 in 1999-00 and $99,500 in 2000-01 for the purchase of standardized clothing for youth counselor personnel at the Ethan Allen School, Lincoln Hills School and Southern Oaks Girls School. The Department indicates that adult institutions require standardized dress for correctional officers and the juvenile boys boot camp requires standardized dress for various personnel.
12. COLLECTIONS STAFF
Funding Positions
PR $84,400 1.00
Governor: Provide $40,800 in 1999-00 and $43,600 in 2000-01 and 1.0 position annually for the collection of certain payments, including child support for juveniles in out-of-home placements, to partially reimburse the cost of correctional services. Under the bill, a financial specialist position would be created to oversee the collections program. Under current law, parents of a juvenile, or other responsible parties, are required to reimburse part of the costs of correctional services. A determination of the amounts owed is made under: (a) a uniform system of fees, based on ability to pay, established under DOC rules; or (b) in the case of out-of-home placements of juveniles, an amount ordered by the court as determined by the child support percentage standard and DOC rules. The Department estimates that these collections will totally $300,000 annually, with the money credited to program revenue appropriations for secured correctional facilities, residential aftercare and the corrective sanctions program. Responsibility for collections relating to adjudicated juveniles was transferred from the Department of Health and Family Services to DOC under the 1997-99 budget adjustment act (1997 Act 237).
13. LINCOLN HILLS SCHOOL VOCATIONAL PROGRAM
PR $80,000
Governor: Provide $40,000 annually for the Lincoln Hills School vocational education program conducted in association with the North Central Technical College. The program, which began in September, 1998, with 22 juveniles participating, can provide courses in welding, computer business applications and mechanical and computer drafting that can lead to a certificate or associate degree. The second semester, currently in progress, has an enrollment of 15 juveniles. The Wisconsin Technical College System (WTCS) funds the cost of licensed instructors for the program. Funding provided under the bill would be allocated for student fees, protective clothing and program supplies and services for juveniles participating in the program.
14. SOUTHERN OAKS GIRLS SCHOOL SUNSET HOUSE CONTRACT
PR $24,500
Governor: Provide $7,900 in 1999-00 and $16,600 in 2000-01 for increased contract costs associated with the Sunset House at the Southern Oaks Girls School. Sunset House is an eight-bed transitional housing unit for juvenile girls returning to the community. The unit is operated by a private provider under a contract with DOC.
15. POSITION REALIGNMENTS
Governor: Transfer $109,900 PR in 1999-00 and $146,400 PR in 2000-01 and 1.66 PR positions annually from the operating budget of the secured juvenile correctional facilities, as follows: (a) $87,600 PR in 1999-00 and $116,800 PR in 2000-01 and 1.33 PR positions annually to juvenile aftercare services; and (b) $22,300 PR in 1999-00 and $29,600 PR in 2000-01 and 0.33 position annually to the corrective sanctions program. The transfer is intended to convert funding for the positions to the appropriations that accurately reflect the responsibilities performed by the positions.
16. AFTERCARE AND OFFICE OF JUVENILE OFFENDER REVIEW SERVICES REVENUE
Governor: Provide that all payments, deductions and uniform fee collections relating to field and institutional aftercare services and for the Office of Juvenile Offender Review (OJOR) be deposited in the program revenue appropriation for juvenile correctional services. Under current law, these payments, deductions and uniform fee collections are required to be deposited to the general fund, instead of the program revenue appropriation which funds the services. In practice, these program revenues (approximately $2.4 million in 1997-98) are credited to the juvenile correctional services appropriation in order to fund the costs of these services. The Department of Corrections indicates that the statutory requirement under current law is based on an oversight dating back to the early 1980s.
[Bill Sections: 365 and 2709]
17. SERIOUS JUVENILE OFFENDERS BIENNIAL APPROPRIATION
Governor: Convert the GPR appropriation for serious juvenile offenders from an annual to a biennial appropriation. Provide that the unencumbered balance of the appropriation on June 30 of the second year in each fiscal biennium be transferred to the appropriation for community youth and family aids (youth aids). Under current law, the unencumbered balance of the serious juvenile offender appropriation on June 30 of each fiscal year is transferred to the youth aids appropriation.
[Bill Section: 364]
18. YOUTH DIVERSION PROGRAM REVENUE APPROPRIATION
Governor: Convert the program revenue appropriation for youth diversion program contracts from a biennial to an annual appropriation. Base-level funding in the appropriation ($645,000 from penalty assessment revenues) would remain unchanged. This change is a part of the Governor's proposal to modify the distribution mechanism of penalty assessment revenue [see "Administration -- Office of Justice Assistance"]. Under current law, a total of $1,325,000 is provided to DOC annually for youth diversion programming ($380,000 GPR, $645,000 PR from penalty assessment revenue administered by the Office of Justice Assistance and $300,000 PR from federal funds administered by DHFS). DOC contracts with organizations in Milwaukee, Racine, Kenosha and Brown Counties and the City of Racine for gang diversion services.
[Bill Section: 367]
19. AUTHORIZATION OF A SECURED GROUP HOME
Governor: Effective January 1, 2000, authorize the Department of Corrections (DOC) to license not more than one county department of social services or human services in the state, and contract with not more than one county to operate a group home as a secured group home, for holding in secure custody juveniles who have been convicted under original adult court jurisdiction or adjudicated delinquent by an adult or juvenile court and provided a disposition as a serious juvenile offender or a disposition for a secured correctional placement. Provide that, subject to state licensing, the county board of supervisors of any county may establish a secured group home in accordance with DOC requirements.
Under current law, any person who receives, with or without transfer of legal custody, five to eight children, to provide care and maintenance for those children must obtain a license to operate a group home from the Department of Health and Family Services (DHFS). These group homes are not secured (locked) facilities. Under the bill, DOC could also license a group home licensed by DHFS as a secured group home. The secured group home would be subject to the same limit of five to eight juveniles, but the facility would be treated in the same manner and subject to the same requirements as secured correctional facilities and secured child caring institutions under current law, except that educational provisions applicable to secured child caring institutions would not apply to secured group homes.
Provide that placement in a secured group home would be considered a correctional placement. As such, it would be added as a dispositional option for juveniles adjudicated delinquent for committing an act that would be punishable by a sentence of six months or more if committed by an adult and who has been found to be a danger to the public and in need of restrictive custodial treatment. Provide that placement in a secured group home would be authorized, if a court of civil or criminal jurisdiction orders a juvenile to serve a period of incarceration of six months or more for certain traffic, boating, snowmobile or all terrain vehicle violations. Current law correctional placements in these cases include secured correctional facilities and secured child caring institutions.
Provide that a secured group home placement would be an option under the serious juvenile offender program and, in addition, would be an alternate care placement option for serious juvenile offenders. Provide that juveniles who violate a condition of either the serious juvenile offender program or the corrective sanctions program may, without a hearing, be taken into custody by DOC and placed in a secured group home. Under current law, such violators may be returned to a secured correctional facility or a secured child caring institution. Authorize the Department’s Office of Juvenile Offender Review to be responsible for decisions regarding case planning and the release of juvenile offenders from a secured group home to aftercare placements.
Provide that current law requirements that affect the care, treatment and supervision of juveniles in secured correctional facilities and secured child caring institutions would also apply to secured group homes. These provisions would include requirements relating to: (a) sex offender registration; (b) the commitment of sexually violent persons; (c) the DNA data bank of sex offenders; (d) HIV testing; (e) notification requirements relating to release or escape; (f) escaping or assisting, permitting or negligently allowing escape; (g) running away or failing to return to a facility following an authorized absence; (h) strip searches; (i) exceptions to open records law; (j) court reports; (k) aftercare planning; (l) permanency planning; (m) early release and intensive supervision program limits; (n) the waiving of counsel for certain 15 and 16 year old juveniles; (o) eligibility for low-income energy assistance payments; (p) transfer of school records; (q) term of license; (r) proposed changes in placement to secure care; and (s) transfers to a state treatment facility. Provide that, following a transfer to a treatment facility, the petition for review of the admission be filed by the Department of Health and Family Services, rather than DOC.
Provide that a juvenile would be subject to original adult court jurisdiction if he or she is alleged to have committed battery or assault while placed in a secured group home. If convicted, criminal penalties would apply. Under current law, this provision applies to juveniles placed in a secured correctional facility, a secure detention facility or a secured child caring institution.
Require that the contract between DOC and the county specify that the county operating the secured group home must comply with all DOC rules applicable to the treatment of juveniles placed in a secured correctional facility. Authorize DOC to investigate and supervise any secured group home and to fix reasonable standards and regulations for the design, construction, repair and maintenance of any secured group home.
Provide that, in counties having a population of less than 500,000, the nonjudicial operational policies of a secured group home be determined by the county board of supervisors or, in the case of a secured group home established by two or more counties, by the county boards of supervisors jointly. Provide that in counties having a population of 500,000 or more, the nonjudicial operational policies of a secured group home be established by the county board of supervisors, and require that the execution these policies be the responsibility of the director of the children's court center. Require that counties submit plans for the secured group home to DOC and require DOC to promulgate rules establishing minimum requirements for the approval of the operation of secured group homes. Require that these plans and rules are designed to protect the health, safety and welfare of the juveniles placed in a secured group home.
Provide that, in counties having a population of less than 500,000, a secured group home would be in the charge of a superintendent. The superintendent and other necessary personnel would be appointed by the county board of supervisors or, where two or more counties jointly operate a secured group home, the county boards of supervisors jointly. Provide that in counties having a population of 500,000 or more, the director of the children's court center would be in charge of and responsible for a secured group home and the personnel assigned to the home.
Provide that each county’s proportion of the number of juveniles statewide placed in a secured group home would be included in a criterion for distributing community intervention program funding to counties. Under current law, the criterion (used to distribute 33% of the funding) is based on each county’s proportion of the number of juveniles statewide placed in a secured correctional facility or a secured child caring institution during the most recent two-year period for which information is available.
In addition to adding the term "secured group home" to numerous statutory provisions relating to the care, treatment and supervision of juveniles in secured settings, the bill would add the term "secured child caring institution" to several statutory sections where the term does not currently appear. These additions do not change current law in any material way, but make the treatment of secured correctional facilities, secured child caring institutions and secured group homes consistent in these sections. Further, numerous amendments are made to statutory sections relating to DOC and the juvenile code to remove inconsistent terminology and redundant cross-references. These changes do not modify current law.
Modify the following provisions: (a) authorize the appropriation language for juvenile residential aftercare to make expenditures for the provision of secured group home care; and (b) authorize DOC to make payments from the serious juvenile offender appropriation to reimburse a secured group home for the cost of caring for juveniles funded by the appropriation. Require DOC, by January 1, 2000, to calculate and submit to the Department of Administration the per person daily cost assessments (daily rates) to be paid by the state and counties for the cost of caring for juveniles who are placed in a secured group home. The secured group home care provisions would first apply to delinquent acts committed on the effective date of the provisions (January 1, 2000).
[Bill Sections: 65, 161, 366, 999, 1131 thru 1134, 1153 thru 1158, 1182 thru 1189, 1488, 1532 thru 1534, 1539, 1555 thru 1561, 1800, 2056, 2067, 2288, 2289, 2434, 2435, 2683 thru 2688, 2690 thru 2694, 2699, 2701, 2702, 2706 thru 2708, 2710, 2712 thru 2717, 3117 thru 3120, 3123 thru 3128, 3130 thru 3142, 3151 thru 3153, 3155 thru 3157, 3160, 3162 thru 3175, 3177 thru 3184, 3186, 3188, 3189, 3192 thru 3196, 3201, 3202, 3216 thru 3220, 3222, 9111(1), 9311(2) and 9411(1)]
20. REMEDIAL MODIFICATIONS
Governor: Modify two statutory provisions, as follows:
a. Provide that a county department’s investigation of the personal and family history and environment of a juvenile or any physical or mental examinations of a juvenile are made to determine the type of care or placement that is best suited to the juvenile and to the protection of the public. Under current law, the purpose of these investigations or examinations is to determine the type of care necessary for the juvenile. The new language is intended to conform this section of the statutes to the requirements of the 1997 federal Adoption and Safe Families Act.
b. Modify the definition of an aftercare agent as it pertains to battery of aftercare agents, which is considered a special circumstance and subject to a Class D felony, to include any person authorized by a county department of social services or human services to exercise control over a juvenile on aftercare. Under current law, aftercare agents are persons authorized by DOC to exercise control over a juvenile on aftercare supervision.
[Bill Sections: 3185 and 3190]
21. AUTHORIZATION OF PAYMENTS
Governor: Add cross references to the appropriations for juvenile residential aftercare and the corrective sanctions program in a statutory section authorizing DOC to pay for the costs of care of adjudicated juveniles who are under the guardianship of the Department of Health and Family Services at the time of the adjudication to properly reflect that payments for residential aftercare and corrective sanctions are made from those appropriations. Under current law, the only type of care that is referenced is secured correctional facility care.
[Bill Section: 2700]
COURT OF APPEALS
