Wisconsin Legislature: 185,110

185,105 Section 105. 938.539 (5) of the statutes is amended to read:

938.539 (5) Operation as Type 2 placement. With respect to a juvenile who is placed in a secured residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (a) (am) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the center in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that center or less restrictive placement as a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a residential care center for children and youth or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) (am) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (a) (am) or (c).

185,106 Section 106. 938.54 of the statutes is amended to read:

938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (3) or (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

185,107 Section 107 . 938.54 of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

185,108 Section 108. 938.59 (1) of the statutes is amended to read:

938.59 (1) Investigation and examination. The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (2), (4d), (4m), or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

185,109 Section 109. 938.595 of the statutes is amended to read:

938.595 Duration of control of county departments over delinquents. A juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (2), (4d) , (4m), or (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.

185,110 Section 110 . Nonstatutory provisions.

(1) Transfer of juveniles.

(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 under this subsection no later than January 1, 2021.

(b) On the date on which a juvenile who was under the supervision of the department of corrections under section 938.34 (2) or (4m) of the statutes is transferred to a secured residential care center for children and youth under paragraph (a), the juvenile is under the supervision of the county department of the county of the court that adjudicated the juvenile delinquent under section 938.34 (2) or (4m) of the statutes.

(2) Closure and conversion of facilities.

(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.

(b) The department of corrections shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the facilities under paragraph (a ) are closed.

(3) Juvenile corrections grant committee.

(a) Committee; members. There is created in the department of corrections a juvenile corrections grant committee consisting of the following members:

1. The governor, or his or her designee.

2. The secretary of corrections, or his or her designee.

3. The secretary of children and families, or his or her designee.

4. Three senators appointed by the senate majority leader or the appointed senator's designee.

5. Three representatives to the assembly appointed by the speaker of the assembly or that appointed representative's designee.

6. One representative of a nonprofit that focuses on best practices for holding juveniles in secure custody, appointed by the governor.

(b) Duties. The juvenile corrections grant committee shall establish and administer the juvenile corrections grant program under subsection (4 ).

(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.

(4) Juvenile corrections grant program.

(a) Grants.

1. There is created a juvenile corrections grant program, administered by the juvenile corrections grant committee and the department of corrections. Under the juvenile corrections grant program, a county may apply for any of the following:

a. A grant to pay 95 percent of the costs of designing and constructing a secured residential care center for children and youth.

b. A grant to pay 95 percent of the costs of designing and constructing a facility that houses both a secured residential care center for children and youth and a juvenile detention facility.

c. A grant to pay 100 percent of the costs of designing and constructing a secured residential care center for children and youth only for female juveniles or any portion that is only for female juveniles.

2. Construction costs that are eligible to be paid by a grant under this subsection include costs of renovating an existing structure.

3. A grant awarded under this subsection shall reimburse 95 percent of any design costs incurred by a successful applicant in preparing the grant application, or 100 percent of any design costs incurred by a successful applicant in preparing the grant application with respect to a facility or portion of a facility for female juveniles.

(b) Multicounty coordination. Multiple counties may coordinate to submit one grant application for construction or establishment of a secured residential care center for children and youth that will hold juveniles from all of the cooperating counties.

(c) Requirements. The juvenile corrections grant committee shall establish requirements, guidelines, and criteria for the grant proposals and for awarding the grants. The committee shall require that, in developing a grant application, the county or counties consider best practices in designing and operating facilities that hold juveniles in secure custody and the feasibility of developing an existing facility into the secured residential care center for children and youth, and solicit input on the design of the secured residential care center for children and youth from judges at the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes for that county or, for multicounty grant applications under paragraph (b), at the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes for each county. The juvenile corrections grant committee shall favor proposals that utilize existing facilities that consider proximity to the populations of juveniles the facility would serve and shall encourage multicounty coordination by favoring applications under paragraph (b ).

(d) Deadline. Grant applications are due no later than March 31, 2019. Between that date and June 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.

(e) Wisconsin model of juvenile justice; statewide plan. The juvenile corrections grant committee shall develop a statewide plan that recommends which grant applications to approve, based on an overall view toward a Wisconsin model of juvenile justice. The committee shall consult with the departments of corrections and children and families on the statewide plan and may not recommend approval of an application unless the department of corrections approves the plans and specifications for the site and the design and construction of the proposed secured residential care center for children and youth under section 301.37 of the statutes.

(f) Plan approval. No later than July 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.

(g) Grant issuance. In implementing the plan under paragraph (e), the department of corrections shall award the grants under the plan and the juvenile corrections grant committee shall monitor the progress of the projects funded by the grants to ensure compliance with the grant program and completion in time to transfer juveniles as provided under subsection (1 ).

(5) Emergency rule making.

(a) Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate emergency rules under sections 301.37 (1) and 938.22 (2) (a) of the statutes as needed to establish standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate emergency rules under section 938.48 (16) (b) of the statutes as needed to establish standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect for 2 years after the date they become effective, or until the date on which permanent rules take effect, whichever is sooner, and the effective period may not be further extended under section 227.24 (2) of the statutes.

(b) The department of corrections shall present the statement of scope of the rules required under paragraph (a) to the department of administration for gubernatorial approval under section 227.135 (2) of the statutes no later than than August 24, 2018. Notwithstanding section 227.24 (1) (e) 1d. of the statutes, if the governor does not disapprove the statement of scope of the rules under this paragraph by the 7th day after the department presents the statement to the governor, the statement is considered approved by the governor.

(c) The department of corrections shall submit to the governor the rules required under paragraph (a ) in final draft form no later than December 17, 2018. Notwithstanding section 227.24 (1) (e) 1g. of the statutes, if the governor does not reject the rules under this paragraph by the 14th day after the rules are submitted to the governor in final draft form, the rules are considered to be approved by the governor.

(6) Juvenile corrections study committee.

(a) Committee; members. There is created in the department of corrections a juvenile corrections study committee consisting of all of the following members:

1. The secretary of corrections, or his or her designee, who shall serve as cochairperson.

2. The secretary of children and families, or his or her designee, who shall serve as cochairperson.

3. The secretary of health services, or his or her designee.

4. The superintendent of public instruction, or his or her designee.

5. The state public defender, or his or her designee.

6. Three representatives to the assembly appointed by the speaker of the assembly or the appointed representative's designee.

7. Three senators appointed by the senate majority leader or the appointed senator's designee.

8. Two circuit court judges, appointed by the governor.

9. Two district attorneys, appointed by the governor.

10. Two representatives of law enforcement agencies in this state, appointed by the governor.

10m. One sheriff, or his or her designee, appointed by the governor.

11. One representative of a national organization that focuses on eliminating race-based discrimination, appointed by the governor.

12. One representative of a nonprofit that focuses on issues relating to juvenile justice, appointed by the governor.

13. One representative of a nonprofit organization that focuses on best practices for holding juveniles in secure custody, appointed by the governor.

14. One representative of the county department of social services or human services in the county with the highest percentage of juveniles under the supervision of either the department of corrections or a county department under chapter 938 of the statutes, appointed by the governor.

15. One representative of a county department of social services or human services of a county that operates a regional juvenile detention facility that is also an eligible juvenile detention facility, as defined under subsection (7m) (a), appointed by the governor.

16. One representative of a county department of social services or human services of a county not described in subdivision 14. or 15., appointed by the governor.

17. One resident of the state who either has been under the supervision of the department of corrections under chapter 938 of the statutes or has had a close family member who has been under the supervision of the department of corrections under chapter 938 of the statutes, appointed by the governor.

(b) Staff. The state agencies with membership on the committee shall provide adequate staff to conduct the functions of the committee.

1. The juvenile corrections study committee shall research and develop recommendations for rules governing the services and programming provided to juveniles in secured residential care centers for children and youth. The committee shall submit to the department of corrections its findings and recommendations no later than September 1, 2018.

2. The juvenile corrections study committee shall study and develop recommendations for the location of Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes based on space and security needs, cost, proximity to the populations of juveniles the facilities would serve, and best practices for holding juveniles in secure custody. In developing these recommendations, the committee shall conduct an inventory of existing state-owned facilities that have the capacity be used as Type 1 juvenile correctional facilities and shall favor the use of existing facilities. The committee shall submit to the department of corrections its recommendations for these facilities no later than November 1, 2018.

(d) Consultation. The juvenile corrections study committee shall consult with one or more organizations that focus on developing best practices for holding juveniles in secure custody to aid the committee's research and development of recommendations under paragraph (c).

(e) Termination. The juvenile corrections study committee terminates on January 1, 2021.

(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.

(7g) Mendota juvenile treatment center. The department of health services shall construct an expansion of the Mendota juvenile treatment center to accommodate no fewer than 29 additional juveniles, subject to the approval of the joint committee on finance.

(7m) Certain juvenile detention facilities.

(a) In this subsection, an “eligible juvenile detention facility” is a juvenile detention facility operated by a county board of supervisors that has adopted a resolution under section 938.34 (3) (f) 3. of the statutes, prior to January 1, 2018, authorizing placement of a juvenile at the juvenile detention facility under section 938.34 (3) (f) of the statutes for more than 30 consecutive days and that is not a juvenile detention facility described under section 938.22 (2) (d) 1. of the statutes.

(b) 1. Notwithstanding section 938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on January 1, 2021, 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 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, a juvenile detention facility.

(8) Employees of Lincoln Hills School and Copper Lake School.

(a) Type 1 juvenile correctional facility. A classified employee who, on the date the department of corrections begins accepting applications for a position at a Type 1 juvenile correctional facility established under subsection (7), is employed at the Lincoln Hills School or Copper Lake School may apply to the department of corrections to transfer to a position at the Type 1 juvenile correctional facility. Notwithstanding section 230.29 of the statutes, the department of corrections may transfer a classified employee who applies for a transfer under this paragraph to any of the following positions without competitive procedures:

1. A position assigned to a class having the same or counterpart pay rate or pay range as a class to which any of the employee's current positions at Lincoln Hills School or Copper Lake School is assigned.

2. A position in a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position.

(b) Secured residential care center for children and youth established by a county. 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 civil service system under section 59.52 (8) of the statutes or subchapter I of chapter 63 of the statutes that would otherwise apply to such employees or applicants.

(c) Secured residential care center for children and youth established by a child welfare agency. If, prior to the date specified in the notice under subsection (2 ) (b), 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 established under section 59.53 (8m) of the statutes, 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.

(9) Budget requests.

(a) The department of health services shall include in its 2019-21 biennial budget request under section 16.42 of the statutes the cost for staffing, operating, and maintaining the expansion of the Mendota Juvenile Treatment Center under subsection (7g).

(b) The department of corrections shall include in its 2019-21 biennial budget request under section 16.42 of the statutes the cost for staffing, operating, and maintaining the new Type 1 juvenile correctional facilities constructed or established under section 301.16 (1w) of the statutes.

(c) The department of children and families shall include in its 2019-21 biennial budget request under section 16.42 of the statutes a proposal to increase the appropriation under section 20.437 (1) (ck) of the statutes to provide bonuses under section 48.527 of the statutes to counties that operate a joint secured residential care center for children and youth.

(10) 2017-19 Authorized State Building Program additions. In 2017 Wisconsin Act 59, Section 9104 (1), the following projects are added to the 2017-19 Authorized State Building Program and the appropriate totals are increased by the amounts shown:

(a) In paragraph (c) 1., under projects financed by general fund supported borrowing: - See PDF for table