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2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 188
June 19, 2019 - Offered by Representative Schraa.
AB188-ASA1,2,8 1An Act to repeal 46.22 (1) (b) 5m. d., 46.22 (2g) (d) 4., 46.23 (5) (n) 3. and 301.031;
2to amend 13.94 (1) (v), 46.011 (1p), 46.21 (2) (j), 46.215 (3), 46.23 (5) (c) 3., 46.23
3(5m) (c), 48.023 (4), 48.527, 48.66 (1) (b), 49.11 (1c), 49.45 (25) (bj), 101.123 (1)
4(ac) 2., 301.01 (1n), 301.027, 301.19 (title), 301.37 (1m), 301.373, 938.02 (4),
5938.02 (15g), 938.22 (1) (a), 938.22 (2) (d) 2., 938.33 (1) (c), 938.33 (3r), 938.34
6(4m) (intro.), 938.34 (4n) (intro.), 938.355 (2) (b) 1., 938.355 (2) (b) 2., 938.355
7(2) (b) 6m., 938.357 (3) (b) (intro.) and (c), 938.357 (4g) (a), 938.48 (3), 938.48 (4),
8938.48 (4m) (b), 938.48 (5), 938.48 (6), 938.48 (14), 938.48 (16) (b), 938.505 (1),
9938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), 938.54, 938.57 (4) and 938.78
10(3); to repeal and recreate 938.34 (4m) (intro.); to create 46.057 (1m), 301.19
11(4), 301.36 (9), 938.33 (6), 938.355 (2) (b) 2m., 938.355 (2) (b) 6n., 938.357 (3) (e)
12and 938.357 (4) (as) of the statutes; and to affect 2017 Wisconsin Act 185,
13section 38, 2017 Wisconsin Act 185, section 70, 2017 Wisconsin Act 185, section

1110 (1) (a), 2017 Wisconsin Act 185, section 110 (2) (a), 2017 Wisconsin Act 185,
2section 110 (3) (c), 2017 Wisconsin Act 185, section 110 (4) (a) 1. c., 2017
3Wisconsin Act 185
, section 110 (4) (d), 2017 Wisconsin Act 185, section 110 (4)
4(e)
, 2017 Wisconsin Act 185, section 110 (4) (f), 2017 Wisconsin Act 185, section
5110 (6) (e), 2017 Wisconsin Act 185, section 110 (7), 2017 Wisconsin Act 185,
6section 110 (7m) (b), 2017 Wisconsin Act 185, section 111 (3) and 2017 Wisconsin
7Act 185
, section 112 (1); relating to: facilities for holding juveniles in secure
8custody.
Analysis by the Legislative Reference Bureau
This bill does all of the following:
1. Makes certain changes to the grant program for the design and construction
of new secured residential care centers for children and youth (SRCCCYs) under
2017 Wisconsin Act 185.
2. Changes the closure date for the Lincoln Hills and Copper Lake Schools.
3. Modifies how juveniles who are transferred between an SRCCCY or a Type
1 juvenile correctional facility and the Mendota Juvenile Treatment Center (MJTC)
are supervised and released.
4. Changes the provisions for grandfathering current juvenile detention
programs and allows the temporary transfer of juveniles from Lincoln Hills and
Copper Lake Schools into certain juvenile detention centers without a
change-in-placement order.
5. Requires the Department of Corrections to grant a variance to an SRCCCY
in certain circumstances.
6. Requires DOC to hold local public meetings prior to constructing the Type
1 juvenile correctional facility pursuant to Act 185, and requires DOC to obtain prior
approval by the city, village, or town before making future modifications to that
facility.
7. Changes the requirements for the purchase of services between counties and
DOC.
8. Makes other changes to clarify the intent of Act 185.
Changes to the juvenile corrections grant program
Act 185 created a grant program for counties to construct new SRCCCYs for the
purpose of holding in secure custody juveniles who are adjudicated delinquent and
given a correctional placement under the supervision of a county department of
human services or social services (county department). Under Act 185, grant
applications are due to the juvenile corrections grant committee by March 31, 2019,
and the committee is responsible for submitting a plan to the Joint Committee on

Finance for which applications to fund no later than July 1, 2019. This bill provides
a three-month extension to the timeline for submitting grant applications to the
grant committee and for the grant committee to submit the plan for funding grant
applications to JCF.
Under Act 185, a grant to construct a new SRCCCY covers 95 percent of the
county's cost for design and construction, except that the grant covers 100 percent
of the county's cost for design and construction for a girls-only facility. Act 185 also
provided that DOC will reimburse a girls-only facility any net operating loss, as
determined by the Legislative Audit Bureau. This bill changes the grant program
so that 100 percent of the portion of any facility that is designed and constructed to
hold female juveniles is paid for by the grant program, and that the net operating loss
reimbursement applies to any portion of a facility that houses female juveniles or any
portion of services provided to female juveniles at the facility.
Closure of Lincoln Hills and Copper Lake Schools
Act 185 also requires the current juvenile correctional facility owned and
operated by DOC (Lincoln Hills and Copper Lake Schools) to be closed no later than
January 1, 2021, or when all of the juveniles that are held there are transferred to
the new county-run SRCCCYs or a new state-run juvenile correctional facility, also
funded by and required to be established by DOC under Act 185. This bill extends
the timeline for closing Lincoln Hills and Copper Lake Schools and for constructing
the new SRCCCYs and new state-run juvenile correctional facility by six months,
to July 1, 2021.
Act 185 also provides a youth aids bonus of 15 percent of the county's annual
youth aids payment or $750,000, whichever is less, to any county that agrees to
operate a joint SRCCCY for two or more counties. This bill provides the youth aids
bonus to any county that operates an SRCCCY that serves juveniles from more than
one county.
Transfer and supervision of juveniles between facilities
This bill specifies that when a juvenile is placed at MJTC under a
change-in-placement order, the Department of Health Services is responsible for
determining the date of the transfer and is responsible for determining whether to
release a juvenile who has been placed there back to the county. The bill specifies
that a juvenile that is placed at MJTC under a change-in-placement order from an
SRCCCY remains under the supervision of the county.
Existing juvenile detention programs
Under Act 185, existing programs to hold juveniles in a juvenile detention
facility for up to one year will be grandfathered in and allowed to hold a number of
juveniles equal to the facility's population on January 1, 2021. This bill changes the
cap for the grandfathered juvenile detention programs under Act 185 to a number
of juveniles equal to the three-year average daily population of the facility between
July 1, 2018, and June 30, 2021. This bill also allows DOC to transfer juveniles from
Lincoln Hills and Copper Lake Schools to the existing programs without a
change-in-placement order. Under the bill, juveniles who are so transferred must
be placed in an SRCCCY or Type 1 juvenile correctional facility by July 1, 2021.

County budgets
This bill repeals the current law requirement for counties to submit an annual
budget to DOC for the purchase of juvenile correctional services and the
requirements for contracts between counties and DOC for the purchase of juvenile
correctional services.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB188-ASA1,1 1Section 1. 13.94 (1) (v) of the statutes is amended to read:
AB188-ASA1,4,72 13.94 (1) (v) Conduct an audit, at the request of the department of corrections,
3of a county's net operating costs for a secured residential care center for children and
4youth that holds only female juveniles for the purpose of determining the amount,
5if any, of a net operating loss to be reimbursed by the department of corrections to
6a county under s. 301.373. The bureau shall report the result of the audit to the
7department of corrections as soon as practicable.
AB188-ASA1,2 8Section 2 . 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act 185,
9section 13, is amended to read:
AB188-ASA1,4,1210 46.011 (1p) “Juvenile correctional services" means services provided for a
11juvenile who is under the supervision of the department of corrections under s.
12938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
AB188-ASA1,3 13Section 3 . 46.057 (1m) of the statutes is created to read:
AB188-ASA1,4,1714 46.057 (1m) The director of the Mendota Mental Health Institute, or his or her
15designee, shall be responsible for decisions regarding admissions, treatment, and the
16release and return of juvenile offenders from the Mendota juvenile treatment center
17to county supervision.
AB188-ASA1,4 18Section 4 . 46.21 (2) (j) of the statutes is amended to read:
AB188-ASA1,5,12
146.21 (2) (j) May exercise approval or disapproval power over contracts and
2purchases of the director that are for $50,000 or more, except that the county board
3of supervisors may not exercise approval or disapproval power over any personal
4service contract or over any contract or purchase of the director that relates to
5community living arrangements, adult family homes, or foster homes and that was
6entered into pursuant to a contract under s. 46.031 (2g) or 301.031 49.325 (2g),
7regardless of whether the contract mentions the provider, except as provided in par.
8(m). The county board of supervisors may not exercise approval or disapproval power
9over any contract relating to mental health or mental health institutions, programs,
10or services. This paragraph does not preclude the county board of supervisors from
11creating a central purchasing department for all county purchases that are not
12related to mental health.
AB188-ASA1,5 13Section 5 . 46.215 (3) of the statutes is amended to read:
AB188-ASA1,5,1714 46.215 (3) Program budgets. The county department of social services shall
15submit a final budget for authorized services to the department of health services
16under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the
17department of children and families under s. 49.325 (1), for authorized services.
AB188-ASA1,6 18Section 6 . 46.22 (1) (b) 5m. d. of the statutes is repealed.
AB188-ASA1,7 19Section 7 . 46.22 (2g) (d) 4. of the statutes is repealed.
AB188-ASA1,8 20Section 8 . 46.23 (5) (c) 3. of the statutes is amended to read:
AB188-ASA1,5,2321 46.23 (5) (c) 3. Shall monitor the performance of contracts for the purchase of
22juvenile correctional services. Contracts for the purchase of those services shall be
23subject to the conditions specified in s. 301.031.
AB188-ASA1,9 24Section 9 . 46.23 (5) (n) 3. of the statutes is repealed.
AB188-ASA1,10 25Section 10 . 46.23 (5m) (c) of the statutes is amended to read:
AB188-ASA1,6,11
146.23 (5m) (c) Prepare, with the assistance of the county human services
2director under sub. (6m) (e), a proposed budget for submission to the county executive
3or county administrator; a final budget for submission to the department of health
4services in accordance with s. 46.031 (1) for authorized services, except services
5under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related
6services, and juvenile correctional services; and a final budget for submission to the
7department of children and families in accordance with s. 49.325 for authorized
8services under ch. 48 and subch. III of ch. 49 and for authorized community-based
9juvenile delinquency-related services; and a final budget for submission to the
10department of corrections in accordance with s. 301.031 for the purchase of
11authorized juvenile correctional services
.
AB188-ASA1,11 12Section 11 . 48.023 (4) of the statutes, as affected by 2017 Wisconsin Act 185,
13section 20, is amended to read:
AB188-ASA1,6,1714 48.023 (4) The rights and responsibilities of legal custody except when legal
15custody has been vested in another person or when the child is under the supervision
16of the department of corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3)
17or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).
AB188-ASA1,12 18Section 12. 48.527 of the statutes is amended to read:
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