Amendment ASA1-AB953

AB953-ASA1,55,24 (a) Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate emergency rules under section 938.22 (2) (a) and 301.37 (1) 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.

AB953-ASA1,56,7 (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.

AB953-ASA1,56,13 (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.

AB953-ASA1,56,14 (6) Juvenile corrections study committee.

AB953-ASA1,56,16 (a) Committee; members. There is created in the department of corrections a juvenile corrections study committee consisting of all of the following members:

AB953-ASA1,56,18 1. The secretary of corrections, or his or her designee, who shall serve as cochairperson.

AB953-ASA1,56,20 2. The secretary of children and families, or his or her designee, who shall serve as cochairperson.

AB953-ASA1,56,21 3. The secretary of health services, or his or her designee.

AB953-ASA1,56,22 4. The superintendent of public instruction, or his or her designee.

AB953-ASA1,56,23 5. The state public defender, or his or her designee.

AB953-ASA1,56,25 6. Three representatives to the assembly appointed by the speaker of the assembly or the appointed representative's designee.

AB953-ASA1,57,2 7. Three senators appointed by the president of the senate or the appointed senator's designee.

AB953-ASA1,57,3 8. Two circuit court judges, appointed by the governor.

AB953-ASA1,57,4 9. Two district attorneys, appointed by the governor.

AB953-ASA1,57,6 10. Two representatives of law enforcement agencies in this state, appointed by the governor.

AB953-ASA1,57,8 11. One representative of a national organization that focuses on eliminating race-based discrimination, appointed by the governor.

AB953-ASA1,57,10 12. One representative of a nonprofit that focuses on issues relating to juvenile justice, appointed by the governor.

AB953-ASA1,57,12 13. One representative of a nonprofit that focuses on best practices for holding juveniles in secure custody, appointed by the governor.

AB953-ASA1,57,16 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 ch. 938, appointed by the governor.

AB953-ASA1,57,19 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).

AB953-ASA1,57,21 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.

AB953-ASA1,57,25 17. One citizen 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.

AB953-ASA1,58,2 (b) Staff. The state agencies with membership on the committee shall provide adequate staff to conduct the functions of the committee.

AB953-ASA1,58,3 (c) Duties.

AB953-ASA1,58,8 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.

AB953-ASA1,58,17 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.

AB953-ASA1,58,21 (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 ).

AB953-ASA1,58,23 (e) Termination. The juvenile corrections study committee terminates on January 1, 2021.

AB953-ASA1,59,3 (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. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2 . in establishing or constructing these facilities.

AB953-ASA1,59,6 (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.

AB953-ASA1,59,7 (7m) Certain juvenile detention facilities.

AB953-ASA1,59,13 (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.

AB953-ASA1,59,19 (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.

AB953-ASA1,59,24 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.

AB953-ASA1,59,25 (8) Employees of Lincoln Hills School and Copper Lake School.

AB953-ASA1,60,8 (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:

AB953-ASA1,60,11 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.

AB953-ASA1,60,14 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.

AB953-ASA1,60,21 (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.

AB953-ASA1,61,6 (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.

AB953-ASA1,61,7 (9) Budget requests.

AB953-ASA1,61,10 (a) The department of health services shall include in its 2019-21 biennial budget request the cost for staffing, operating, and maintaining the expansion of the Mendota Juvenile Treatment Center under subsection (7g).

AB953-ASA1,61,14 (b) The department of corrections shall include in its 2019-21 biennial budget request 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.

AB953-ASA1,61,18 (c) The department shall include in its 2019-21 biennial budget request 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.

AB953-ASA1,61,22 (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:

AB953-ASA1,61,24 (a) In paragraph (c) 1., under projects financed by general fund supported borrowing: - See PDF for table

AB953-ASA1,62,2 (b) In paragraph (c) 1., under projects financed by general fund supported borrowing: - See PDF for table

AB953-ASA1,62,4 (c) In paragraph (d) 1., under projects financed by general fund supported borrowing: - See PDF for table

AB953-ASA1,111 Section 111 . Initial applicability.

AB953-ASA1,62,12 (1) The treatment of sections 938.34 (4m) (intro.) and (4n) (intro.) and 938.357 (4) (a), (ab), (b) 1., 2., and 4., (c) 1. and 4., and (d) of the statutes, the renumbering and amendment of section 938.357 (3) of the statutes, and the creation of section 938.357 (3) (b), (c), and (d) of the statutes with respect to a county department's supervision of a juvenile, first applies to a juvenile adjudicated delinquent by the court of the county and placed at that county's secured residential care center for children and youth under section 938.34 (4m) of the statutes.

AB953-ASA1,62,16 (2) The treatment of section 938.34 (3) (f) 1. of the statutes, with respect to juvenile detention facilities that are not eligible juvenile detention facilities under Section 110 (7m) first applies to a juvenile adjudicated delinquent on the effective date of this subsection.

AB953-ASA1,63,3 (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.

AB953-ASA1,112 Section 112 . Effective dates. This act takes effect on the day after publication, except as follows:

AB953-ASA1,63,14 (1) The treatment of sections 46.011 (1p) (by Section 13 ), 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 effect on the date specified in the notice under Section 110 (2) (b ) or January 1, 2021, whichever is earlier.

AB953-ASA1,63,15 (End)