SB807: Bill Text

Juvenile corrections grant program.

The bill creates in DOC a Juvenile Corrections Grant Committee, which is required to establish and administer a juvenile corrections grant program, under which counties may apply for a grant to pay 95 percent of the costs of establishing or constructing secured residential care centers for children and youth. The bill allows multiple counties to jointly submit a grant application for construction of a secured residential care center for children and youth that will hold juveniles from all of the cooperating counties. The bill requires the committee to establish requirements, guidelines, and criteria for the grant program but requires that, in developing a grant application, the applicant must consider best practices in designing and operating facilities that hold juveniles in secure custody and the feasibility of developing an existing facility, and must solicit input on the design of the facility from judges at the court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code for each county participating in the grant application. The bill requires the committee to require that a proposed facility have the capacity to house no fewer than 24 juveniles. The bill also requires the committee to favor proposals that utilize existing facilities and to encourage multicounty coordination by favoring applications submitted jointly by multiple counties.

Under the bill, grant applications are due March 31, 2019, but the committee is authorized to work with applicants between that date and June 30, 2019, to modify applications in order to increase the likelihood of being awarded a grant. The bill requires the committee, in consultation with DOC and DCF, to develop a statewide plan that recommends which of the grant applications to approve. The committee is prohibited from recommending approval of an application unless DOC approves the plans and specifications for the site and the design and construction of the facility.

The bill requires the Juvenile Corrections Grant Committee to submit its plan to the Joint Committee on Finance no later than July 1, 2019, to request approval to proceed with the plan under a passive review process. If approved, the bill requires DOC to implement the plan by awarding the grants under the plan, and requires the Juvenile Corrections Grant Committee to monitor the progress of the projects funded by the grants to ensure compliance with the grant program and completion in time for the deadline for transferring juveniles from Lincoln Hills School and Copper Lake School to the new Type 1 juvenile correctional facilities and secured residential care centers for children and youth. Under the bill, the Juvenile Corrections Grant Committee terminates on the earlier of the date on which all projects funded with the grants are completed or July 1, 2020.

Department of Corrections employees.

The bill 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 bill, 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 July 1, 2020, 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 DCF 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 bill 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.

For further information see the state and local 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:

SB807,1 Section 1. 16.99 (3b) of the statutes is amended to read:

SB807,6,4 16.99 (3b) “Juvenile correctional facility" means the Copper Lake School and the Lincoln Hills School a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), but does not include the Mendota juvenile treatment center under s. 46.057.

SB807,2 Section 2. 20.410 (4) (bm) of the statutes is created to read:

SB807,6,7 20.410 (4) (bm) Juvenile corrections grant program. A sum sufficient to issue grants under Section 90 (4) of 2017 Wisconsin Act .... (this act).

SB807,3 Section 3. 20.410 (4) (bm) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed.

SB807,4 Section 4. 46.011 (1p) of the statutes is amended to read:

SB807,6,13 46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

SB807,5 Section 5 . 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,7,3 46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

SB807,6 Section 6. 46.057 (1) of the statutes is amended to read:

SB807,7,23 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections or a county department may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections or a county department under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections or a county department transfers juveniles between other juvenile correctional facilities.

SB807,7 Section 7. 46.20 (1m) of the statutes is created to read:

SB807,8,5 46.20 (1m) Any 2 or more counties may jointly, by majority vote of all the members of each county board, provide for a secured residential care center for children and youth, as defined in s. 938.02 (15g). A secured residential care center for children and youth established under this section shall be the county secured residential care center for children and youth of each of the counties so joining.

SB807,8 Section 8. 46.20 (3) of the statutes is amended to read:

SB807,8,14 46.20 (3) Upon approval of the site, plans, and specifications for the institution, as provided in ss. 46.17 and 301.37, as to other institutions, the joint committee shall report to the several county boards the estimated cost of the site and buildings, and the amount thereof chargeable to each county on the basis set forth in sub. (6) (a), appending to each report a copy of the plans and specifications and all matter relating to the site and buildings. If the report is approved by each county board, the joint committee shall purchase the site and cause the buildings to be erected in accordance with the plans and specifications.

SB807,9 Section 9. 46.22 (1) (a) of the statutes is amended to read:

SB807,8,21 46.22 (1) (a) Creation. Except as provided under s. 46.23 (3) (b), the county board of supervisors of any county with a population of less than 500,000 750,000, or the county boards of 2 or more counties, shall establish a county department of social services on a single-county or multicounty basis. The county department of social services shall consist of a county social services board, a county social services director and necessary personnel.

SB807,10 Section 10. 48.023 (4) of the statutes is amended to read:

SB807,9,2 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) , or (4n), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).

SB807,11 Section 11 . 48.023 (4) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,9,9 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n), or 938.357 (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).

SB807,12 Section 12. 48.526 (2) (c) of the statutes is amended to read:

SB807,9,20 48.526 (2) (c) All funds to counties under this section shall be used to purchase or provide community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011 (1p), except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under s. 46.17, 46.175, or 301.37, for reimbursement of costs under s. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than including basic care and supervision costs, in juvenile detention facilities and secured residential care centers for children and youth.

SB807,13 Section 13. 48.526 (6) (b) of the statutes is amended to read:

SB807,9,25 48.526 (6) (b) The criteria developed under par. (a) shall include performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional facilities and secured residential care centers for children and youth to less restrictive community programs and are successfully rehabilitating juveniles who are adjudged delinquent. Counties shall provide information requested by the department in order to apply the criteria and assess their performances.

SB807,14 Section 14. 48.526 (7) (bm) of the statutes is amended to read:

SB807,10,10 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2015, $12,500,000 for 2016, and $6,250,000 for the first 6 months of 2017 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

SB807,15 Section 15. 48.66 (1) (b) of the statutes, as affected by 2017 Wisconsin Act 47, is amended to read:

SB807,10,19 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court, the county department, or the department of corrections and to provide supervision, care , and maintenance for those juveniles.

SB807,16 Section 16. 49.11 (1c) of the statutes is amended to read:

SB807,10,24 49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

SB807,17 Section 17 . 49.11 (1c) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,11,6 49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

SB807,18 Section 18. 49.45 (25) (bj) of the statutes is amended to read:

SB807,11,15 49.45 (25) (bj) The department of corrections may elect to provide case management services under this subsection to persons who are under the supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under s. 20.410 (3) (hm), (ho), or (hr).

SB807,19 Section 19 . 49.45 (25) (bj) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,11,25 49.45 (25) (bj) The department of corrections may elect to provide case management services under this subsection to persons who are under the supervision of that department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under s. 20.410 (3) (hm), (ho), or (hr).

SB807,20 Section 20. 59.53 (8m) of the statutes is created to read:

SB807,12,14 59.53 (8m) Secured residential care center for children and youth. The board shall ensure that there is sufficient space in a secured residential care center for children and youth for all juveniles adjudicated delinquent by the circuit court of the county and placed in a secured residential care center for children and youth, either by establishing or contracting with a child welfare agency to establish a secured residential care center for children and youth, on its own or jointly with one or more counties, under ss. 46.20 (1m) and 938.22 (1) (a), or by contracting with another county to place juveniles in that county's secured residential care center for children and youth. If a board contracts with another county to place a juvenile at that county's secured residential care center for children and youth, that secured residential care center for children and youth shall be the county secured residential care center for children and youth of the placing county with respect to the placed juvenile.

SB807,21 Section 21. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB807,12,19 301.01 (1n) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

SB807,22 Section 22 . 301.01 (1n) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,12,24 301.01 (1n) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

SB807,23 Section 23. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act 55, section 4227b, is amended to read:

SB807,13,11 301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed under community supervision under s. 938.34 (4n) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g) and all persons placed under the supervision of the department by the court under ch. 938.

SB807,24 Section 24. 301.03 (10) (d) of the statutes is amended to read:

SB807,13,18 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders who are under the supervision of the department from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.

SB807,25 Section 25 . 301.03 (10) (d) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,14,2 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders who are under the supervision of the department from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.

SB807,26 Section 26. 301.08 (1) (b) 3. of the statutes is amended to read:

SB807,14,15 301.08 (1) (b) 3. Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of juvenile correctional facilities, residential care centers for children and youth, as defined in s. 938.02 (15d), and secured residential care centers for children and youth for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m). The department may designate a juvenile correctional facility, or a residential care center for children and youth, or a secured residential care center for children and youth contracted for under this subdivision as a Type 2 juvenile correctional facility, as defined in s. 938.02 (20), and may designate a residential care center for children and youth or secured residential care center for children and youth contracted for under this subdivision as a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r).

SB807,27 Section 27. 301.16 (1w) of the statutes is created to read:

SB807,14,18 301.16 (1w) (a) The department shall construct or establish one or more Type 1 juvenile correctional facilities.

SB807,28 Section 28. 301.16 (1x) of the statutes is amended to read:

SB807,15,2 301.16 (1x) Inmates from the Wisconsin state prisons may be transferred to the institutions under this section and they, except that inmates may not be transferred to a Type 1 juvenile correctional facility established under sub. (1w) unless required under s. 973.013 (3m). Inmates transferred under this subsection shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employees of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts.

SB807,29 Section 29. 301.18 (1) (fm) of the statutes is created to read:

SB807,15,5 301.18 (1) (fm) Provide the facilities necessary for any Type 1 juvenile correctional facility that is established by the department under s. 301.16 (1w).

SB807,30 Section 30. 301.20 of the statutes is repealed.

SB807,31 Section 31. 301.37 (1) of the statutes is amended to read:

SB807,15,16 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails, as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities, as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09, and, after consulting with the department of children and families, all juvenile detention facilities and secured residential care centers for children and youth, with respect to their adequacy and fitness for the needs which they are to serve.

SB807,32 Section 32. 301.37 (1m) of the statutes is created to read:

SB807,15,23 301.37 (1m) Subject to the rules promulgated by the department under sub. (1), a secured residential care center for children and youth may be located in a portion of a juvenile detention facility. A secured residential care center for children and youth that is located in a portion of a juvenile detention facility shall provide programming and services as required by the department of children and families under s. 938.485 (5).

SB807,33 Section 33. 938.02 (4) of the statutes is amended to read:

SB807,16,4 938.02 (4) “Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4), “department" means the department of corrections.

SB807,34 Section 34 . 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act 55, section 4646b, and 2017 Wisconsin Act .... (this act), is amended to read:

SB807,16,10 938.02 (4) “Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4), “department" means the department of corrections.

SB807,35 Section 35. 938.02 (15g) of the statutes is amended to read:

SB807,16,16 938.02 (15g) “Secured residential care center for children and youth" means a residential care center for children and youth facility operated by a county under ss. 46.20, 59.53 (8m), 301.26, 301.27, and 938.22 (1) (a) or by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

SB807,36 Section 36. 938.22 (1) (a) of the statutes is amended to read:

SB807,17,7 938.22 (1) (a) Subject to s. 48.66 (1) (b), the The county board of supervisors of a county may establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 46.20, 59.53 (8m), 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility. Subject to ss. 48.66 (1) (b), 301.36, and 301.37, a child welfare agency may establish a secured residential care center for children and youth and contract with one or more county boards of supervisors to hold juveniles in the secured residential care center for children and youth.

SB807,37 Section 37. 938.22 (2) (a) of the statutes is amended to read:

SB807,17,22 938.22 (2) (a) Counties shall submit plans for a juvenile detention facility, secured residential care center for children and youth, or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of children and families. A private entity that proposes to establish a juvenile detention facility or a child welfare agency that proposes to establish a secured residential care center for children and youth shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a , private entity, or child welfare agency may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities, secured residential care centers for children and youth, and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.

SB807,38 Section 38. 938.225 of the statutes is amended to read:

SB807,18,5 938.225 Statewide plan for juvenile detention and correctional facilities. The department of corrections shall assist counties in establishing juvenile detention facilities and secured residential care centers for children and youth under s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable juvenile detention facilities reasonably accessible to each court and secured residential care centers for children and youth reasonably accessible to each county.

SB807,39 Section 39. 938.34 (2) (a) of the statutes is amended to read:

SB807,18,11 938.34 (2) (a) Place the juvenile under the supervision of an agency, the county department, the department of corrections, if that department approves, or a suitable adult, including a friend of the juvenile, under conditions prescribed by the court, including reasonable rules for the juvenile's conduct, designed for the physical, mental, and moral well-being and behavior of the juvenile.

SB807,40 Section 40 . 938.34 (2) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read: