Wisconsin Legislature: 185,100

185,86 Section 86 . 938.48 (6) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

938.48 (6) Emergency surgery. Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) upon notification by a licensed physician or surgeon of the need for the surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

185,87 Section 87. 938.48 (14) of the statutes is amended to read:

938.48 (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial decision.

185,88 Section 88 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

185,89 Section 89. 938.48 (16) of the statutes is renumbered 938.48 (16) (a).

185,90 Section 90. 938.48 (16) (b) of the statutes is created to read:

938.48 (16) (b) Promulgate rules governing services and programming for juveniles in a secured residential care center for children and youth. The department shall include uniform data reporting standards for counties or Indian tribes that operate or contract with a child welfare agency for a secured residential care center for children and youth in rules promulgated under this paragraph. The department shall base the rules it promulgates under this paragraph on the recommendations provided by the juvenile corrections study committee under 2017 Wisconsin Act .... (this act), section 110 (6) (c ) 1.

185,91 Section 91. 938.49 (title) of the statutes is amended to read:

938.49 (title) Notification by court of placement with a county department or the department of corrections; transfer of reports and records.

185,92 Section 92. 938.49 (1) of the statutes is amended to read:

938.49 (1) Notice to county department or department of corrections of placement. When a court places a juvenile in a juvenile correctional facility under the supervision of a county department or the department of corrections or a secured residential care center for children and youth under the supervision of the department of corrections a county department, the court shall immediately notify that the county department or the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by that the county department or the department of corrections or deliver the juvenile to personnel of that the county department or the department of corrections.

185,93 Section 93. 938.49 (2) (intro.) of the statutes is amended to read:

938.49 (2) Transfer of court report and pupil records. (intro.) When a court places a juvenile 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, the court and all other public agencies shall immediately do all of the following:

185,94 Section 94. 938.49 (2) (a) of the statutes is amended to read:

938.49 (2) (a) Transfer to the department of corrections or the county department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.

185,95 Section 95. 938.505 (1) of the statutes is amended to read:

938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

185,96 Section 96 . 938.505 (1) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n), or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

185,97 Section 97. 938.52 (2) (a) and (c) of the statutes are amended to read:

938.52 (2) (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

(c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.

185,98 Section 98 . 938.52 (2) (a) and (c) of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

185,99 Section 99. 938.53 of the statutes is amended to read:

938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

185,100 Section 100 . 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

185,101 Section 101. 938.535 of the statutes is amended to read:

938.535 Early release and intensive supervision program; limits. The department of corrections or a county department may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 or, 938.34 (4m), or 938.357 (3). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).

185,102 Section 102. 938.539 (2) of the statutes is amended to read:

938.539 (2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) (am) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

185,103 Section 103. 938.539 (3) of the statutes is amended to read:

938.539 (3) Violation of condition of placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) (am) or (c) violates a condition of his or her placement in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional facility as provided in s. 938.357 (4) (b) 1. or in a secured residential care center for children and youth as provided in s. 938.357 (4) (b) 2. This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth from being taken into and held in custody under ss. 938.19 to 938.21.

185,104 Section 104. 938.539 (4) of the statutes is amended to read:

938.539 (4) Escape or absence. A juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) (am) or (c) who intentionally fails to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the center or facility is considered an escape under s. 946.42 (3) (c).

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.