SB807: Bill Text

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:

SB807,18,18 938.34 (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.

SB807,41 Section 41. 938.34 (2) (b) of the statutes is amended to read:

SB807,18,25 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency, the county department, or the department of corrections, order that agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, or parent skills training.

SB807,42 Section 42 . 938.34 (2) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,19,8 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency, or the county department, or the department of corrections, order that agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, child care, or parent skills training.

SB807,43 Section 43. 938.34 (4m) (intro.) of the statutes is amended to read:

SB807,19,13 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the county department or the department of corrections if all of the following apply:

SB807,44 Section 44 . 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,19,19 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the county department or the department of corrections if all of the following apply:

SB807,45 Section 45. 938.357 (3) of the statutes is renumbered 938.357 (3) (intro.) and amended to read:

SB807,20,9 938.357 (3) Placement in juvenile correctional facility. (intro.) Subject to subs. (4) (b) and, (c), and (d), and (5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met. Notwithstanding s. 938.34 (4m), the court may order placement in a Type 1 juvenile correctional facility, for a juvenile who was adjudicated delinquent under s. 938.34 (4m), if the court finds that all of the following apply:

SB807,46 Section 46. 938.357 (3) (a) and (b) of the statutes are created to read:

SB807,20,13 938.357 (3) (a) The juvenile is placed at a secured residential care center for children and youth and his or her behavior presents a serious problem for the juvenile or others in the secured residential care center for children and youth.

SB807,20,15 (b) All other placement options have been exhausted, including placement in at least one other secured residential care center for children and youth, if available.

SB807,47 Section 47. 938.357 (4) (title) of the statutes is repealed and recreated to read:

SB807,20,17 938.357 (4) (title) Change in placement without a hearing.

SB807,48 Section 48. 938.357 (4) (a) of the statutes is renumbered 938.357 (4) (am) and amended to read:

SB807,21,14 938.357 (4) (am) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, that department shall reimburse the child welfare agency at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. If the department of corrections places a juvenile in a secured residential care center for children and youth under this paragraph, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.08. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB807,49 Section 49. 938.357 (4) (ab) of the statutes is created to read:

SB807,21,18 938.357 (4) (ab) In this subsection, “operating entity” means either the county department or the child welfare agency, whichever entity operates a secured residential care center for children and youth.

SB807,50 Section 50 . 938.357 (4) (am) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB807,22,15 938.357 (4) (am) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, that department shall reimburse the child welfare agency at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. If the department of corrections places a juvenile in a secured residential care center for children and youth under this paragraph, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.09. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB807,51 Section 51. 938.357 (4) (b) 1. of the statutes is amended to read:

SB807,22,24 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department of corrections and that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility or secured residential care center for children and youth under the supervision of the department, without a hearing under sub. (1) (am) 2.

SB807,52 Section 52. 938.357 (4) (b) 2. of the statutes is amended to read:

SB807,23,18 938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department of corrections, and that . The county department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department of corrections secured residential care center for children and youth, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 49.343, and that child welfare agency shall reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.

SB807,53 Section 53. 938.357 (4) (b) 4. of the statutes is amended to read:

SB807,23,22 938.357 (4) (b) 4. A juvenile may seek review of a decision of the department of corrections or the county department under subd. 1. or 2. only by the common law writ of certiorari.

SB807,54 Section 54. 938.357 (4) (c) 1. of the statutes is amended to read:

SB807,24,7 938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under par. (a) (am) and it appears that a less restrictive placement would be appropriate for the juvenile, the department of corrections, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The rate for each type of placement shall be established by the department of children and families, in consultation with the department of corrections, in the manner provided in s. 49.343.

SB807,55 Section 55. 938.357 (4) (d) of the statutes is created to read:

SB807,25,2 938.357 (4) (d) 1. If a juvenile under the supervision of the department of corrections is placed in a secured residential care center for children and youth and the juvenile's behavior presents a serious problem for the juvenile or others in the secured residential care center for children and youth, the operating entity shall notify the department of corrections and the department of corrections, after consulting with the operating entity, may place the juvenile in a secured residential care center for children and youth that offers more appropriate care and services without a hearing under sub. (1) (am) 2. if the receiving operating entity agrees. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a secured residential care center for children and youth under this subdivision, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.08. A juvenile who is placed in a secured residential care center for children and youth under this subdivision remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB807,25,19 2. If a juvenile under the supervision of a county department is placed in a secured residential care center for children and youth and the juvenile's behavior presents a serious problem for the juvenile or others in the secured residential care center for children and youth, the supervising county department, after consulting with the operating entity, may transfer the juvenile to a different secured residential care center for children and youth that offers more appropriate care and services without a hearing under sub. (1) (am) 2. if the receiving operating entity agrees. The supervising county department shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If a county department places a juvenile in a secured residential care center for children and youth under this subdivision, the county department shall contract with the operating entity for the care and services provided. If a county department places a juvenile in a secured residential care center for children and youth under this subdivision, the juvenile remains under the supervision of the placing county department, remains subject to the rules and discipline of that county department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB807,25,21 3. A juvenile may seek review of a decision by the department of corrections or county department under subd. 1. or 2. only by the common law writ of certiorari.

SB807,56 Section 56. 938.357 (4m) of the statutes, as affected by 2015 Wisconsin Act 55, section 4671bm, is amended to read:

SB807,26,4 938.357 (4m) Release to community supervision or aftercare supervision. The department of corrections shall try to release a juvenile to community supervision or and the county department shall try to release a juvenile to aftercare supervision under sub. (4) within 30 days after the date on which that the department of corrections or county department determines the juvenile is eligible for the release.

SB807,57 Section 57. 938.48 (3) of the statutes is amended to read:

SB807,26,11 938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

SB807,58 Section 58 . 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read: