Amendment SSA1-AB953

Juvenile corrections grant program.

The substitute amendment creates in DOC the Juvenile Corrections Grant Committee, which is required to establish and administer a juvenile corrections grant program. Under the grant program, a county may apply for one of the following grants:

1. A grant to pay 95 percent of the costs of designing and constructing a secured residential care center for children and youth.

2. 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.

3. 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.

The substitute amendment provides that a grant also reimburses a successful applicant for any design costs incurred in preparing a grant application at the same percent as the grant covers other costs. The substitute amendment finances the grant program with $40,000,000 in general fund supported borrowing.

The substitute amendment 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 substitute amendment 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 juvenile court for each county participating in the grant application. The substitute amendment 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 substitute amendment, 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 substitute amendment requires the committee, in consultation with DOC and DCF, to develop a statewide plan that recommends which of the grant applications to approve based on an overall view towards a Wisconsin model of juvenile justice. 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 substitute amendment requires the Juvenile Corrections Grant Committee to submit its plan to JCF no later than July 1, 2019, to request approval to proceed with the plan. If approved, the substitute amendment 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 to transfer 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 by January 1, 2021. Under the substitute amendment, the Juvenile Corrections Grant Committee terminates on the earlier of the date on which all projects funded with the grants are completed or January 1, 2021.

Juvenile detention facilities.

Under current law, a juvenile who is adjudicated delinquent may be placed in a juvenile detention facility for any combination of single or consecutive days totaling not more than 365 days if the county board of supervisors has adopted a resolution authorizing such a length of placement. Under this substitute amendment, with some exceptions, a juvenile may not be placed in a juvenile detention facility for more than 30 consecutive days.

The substitute amendment defines an “eligible juvenile detention facility” as a juvenile detention facility at which placements of juveniles for longer than 30 days is authorized as of January 1, 2018. With respect to an eligible juvenile detention facility that is awarded a grant under the substitute amendment, the limitation on placement in a juvenile detention facility to no more than 30 days does not apply until January 1, 2021. On that date, the portion of the facility that holds juveniles who are placed for more than 30 days becomes a secured residential care center for children and youth, at which juveniles may be placed under a correctional placement. However, it remains a juvenile detention facility with respect to juveniles placed in the juvenile detention facility prior to January 1, 2021.

Under the substitute amendment, an eligible juvenile detention facility that is not awarded a grant is authorized to continue to accept juveniles for placement for any combination of single or consecutive days totaling not more than 365 days if, after January 1, 2021, the number of juveniles that are housed at the juvenile detention facility does not exceed the number that are housed there on January 1, 2021, and if the facility is not altered or added to or repaired in excess of 50 percent of its assessed value. If the juvenile detention facility violates these conditions, it is no longer authorized to accept juveniles for placement for more than 30 consecutive days.

Department of Corrections employees.

The substitute amendment 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 substitute amendment, 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 January 1, 2021, 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 Department of Children and Families 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 substitute amendment 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. This substitute amendment also requires DCF to provide a bonus payment of 15 percent of a county's youth aids payment in the preceding year, up to $750,000, if the county operates a joint secured residential care center for children and youth that was funded by the juvenile corrections grant program under the substitute amendment.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB953-SSA1,1 Section 1 . 13.48 (27m) of the statutes is created to read:

AB953-SSA1,8,4 13.48 (27m) Secured residential care centers for children and youth. (a) The legislature finds and determines that the legislative intent set forth under s. 938.01 (2) is served by the design and construction of secured residential care centers for children and youth and attached juvenile detention facilities and that the design and construction of such facilities is a statewide concern of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist counties in designing and constructing secured residential care centers for children and youth and attached juvenile detention facilities.

AB953-SSA1,8,9 (b) The building commission may authorize up to a total of $40,000,000 in general fund supported borrowing to assist counties in establishing or constructing secured residential care centers for children and youth and attached juvenile detention facilities. Any such state funding commitment shall be in the form of a grant to a county issued under 2017 Wisconsin Act .... (this act), section 110 (4).

AB953-SSA1,8,13 (c) If for any reason, the facility that is constructed with funds from the grant is not used for the purposes identified in the grant under 2017 Wisconsin Act .... (this act), section 110 (4), the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB953-SSA1,2 Section 2 . 13.94 (1) (v) of the statutes is created to read:

AB953-SSA1,8,20 13.94 (1) (v) Conduct an audit, at the request of the department of corrections, of a county's net operating costs for a secured residential care center for children and youth that holds only female juveniles for the purpose of determining the amount, if any, of a net operating loss to be reimbursed by the department of corrections to a county under s. 301.373. The bureau shall report the result of the audit to the department of corrections as soon as practicable.

AB953-SSA1,3 Section 3 . 13.94 (1s) (c) 9. of the statutes is created to read:

AB953-SSA1,8,23 13.94 (1s) (c) 9. The department of corrections for the cost of an audit performed under sub. (1) (v).

AB953-SSA1,4 Section 4 . 16.99 (3b) of the statutes is amended to read:

AB953-SSA1,9,3 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.

AB953-SSA1,5 Section 5 . 20.410 (3) (f) of the statutes is created to read:

AB953-SSA1,9,7 20.410 (3) (f) Operating loss reimbursement program. A sum sufficient for reimbursement to counties under s. 301.373 and for audits conducted by the legislative audit bureau under s. 13.94 (1) (v).

AB953-SSA1,6 Section 6 . 20.410 (3) (fm) of the statutes is created to read:

AB953-SSA1,9,16 20.410 (3) (fm) Secured residential care centers for children and youth. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the design and construction of secured residential care centers for children and youth and attached juvenile detention facilities as specified in s. 13.48 (27m), to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those projects, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

AB953-SSA1,7 Section 7 . 20.437 (1) (ck) of the statutes is created to read:

AB953-SSA1,9,20 20.437 (1) (ck) Community youth and family aids; bonus for county facilities. The amounts in the schedule for bonuses to qualifying counties with a secured residential care center for children and youth under s. 48.527.

AB953-SSA1,8 Section 8 . 20.866 (1) (u) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB953-SSA1,9,25 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b) and (s), 20.190 (1) (c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e), 20.255 (1) (d), 20.285 (1) (d), (je), and (gj), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ad), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cg), (cq), (cr), (cs), (ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), 20.410 (1) (e), (ec), and (ko) and (3) (e) and (fm), 20.435 (2) (ee), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), and (kc), 20.855 (8) (a), and 20.867 (1) (a) and (b) and (3) (a), (b), (bb), (bc), (bd), (be), (bf), (bg), (bh), (bj), (bL), (bm), (bn), (bq), (br), (bt), (bu), (bv), (bw), (bx), (cb), (cd), (cf), (ch), (cj), (cq), (cr), (cs), (g), (h), (i), (kd), and (q) for the payment of principal, interest, premium due, if any, and payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.

AB953-SSA1,9 Section 9 . 20.866 (2) (ux) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB953-SSA1,10,17 20.866 (2) (ux) Corrections; correctional facilities. From the capital improvement fund, a sum sufficient for the department of corrections to acquire, construct, develop, enlarge, or improve adult and juvenile correctional facilities. The state may contract public debt in an amount not to exceed $926,679,900 $951,679,900 for this purpose.

AB953-SSA1,10 Section 10 . 20.866 (2) (uzc) of the statutes is created to read:

AB953-SSA1,10,24 20.866 (2) (uzc) Secured residential care centers for children and youth. From the capital improvement fund, a sum sufficient for the department of corrections to provide grants to counties for designing and constructing secured residential care centers for children and youth and attached juvenile detention facilities as specified in s. 13.48 (27m). The state may contract public debt in an amount not to exceed $40,000,000 for this purpose.

AB953-SSA1,11 Section 11. 20.866 (2) (v) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB953-SSA1,11,7 20.866 (2) (v) Health services; mental health and secure treatment facilities. From the capital improvement fund, a sum sufficient for the department of health services to acquire, construct, develop, enlarge, or extend mental health and secure treatment facilities. The state may contract public debt in an amount not to exceed $208,646,200 $223,646,200 for this purpose.

AB953-SSA1,12 Section 12 . 46.011 (1p) of the statutes is amended to read:

AB953-SSA1,11,11 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).

AB953-SSA1,13 Section 13 . 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953-SSA1,11,16 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).

AB953-SSA1,14 Section 14. 46.057 (1) of the statutes is amended to read:

AB953-SSA1,12,12 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 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 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 transfers juveniles between other juvenile correctional facilities. Upon the recommendation of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

AB953-SSA1,15 Section 15 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953-SSA1,13,9 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 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 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 transfers juveniles between other juvenile correctional facilities. Upon the recommendation of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

AB953-SSA1,16 Section 16 . 46.20 (1m) of the statutes is created to read:

AB953-SSA1,13,16 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), under ss. 59.52 (7) and 66.0301. 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.

AB953-SSA1,17 Section 17. 46.20 (3) of the statutes is amended to read:

AB953-SSA1,13,25 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.

AB953-SSA1,18 Section 18. 46.22 (1) (a) of the statutes is amended to read:

AB953-SSA1,14,7 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.

AB953-SSA1,19 Section 19 . 48.023 (4) of the statutes is amended to read:

AB953-SSA1,14,13 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).

AB953-SSA1,20 Section 20 . 48.023 (4) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953-SSA1,14,20 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).

AB953-SSA1,21 Section 21 . 48.526 (2) (c) of the statutes is amended to read:

AB953-SSA1,15,6 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.

AB953-SSA1,22 Section 22 . 48.526 (6) (b) of the statutes is amended to read:

AB953-SSA1,15,14 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.

AB953-SSA1,23 Section 23 . 48.526 (7) (bm) of the statutes is amended to read:

AB953-SSA1,15,21 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.

AB953-SSA1,24 Section 24 . 48.527 of the statutes is created to read:

AB953-SSA1,16,3 48.527 Community youth and family aids; bonus for county facilities. From the appropriation under s. 20.437 (1) (ck), the department shall allocate an amount equal to 15 percent of a county's allocation in the preceding fiscal year under s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates a joint secured residential care center for children and youth under s. 46.20 (1m) that was funded by a grant under 2017 Wisconsin Act .... (this act), section 110 (4 ).

AB953-SSA1,25 Section 25 . 48.66 (1) (b) of the statutes, as affected by 2017 Wisconsin Act 47, is amended to read:

AB953-SSA1,16,12 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.

AB953-SSA1,26 Section 26 . 49.11 (1c) of the statutes is amended to read:

AB953-SSA1,16,17 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).

AB953-SSA1,27 Section 27 . 49.11 (1c) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953-SSA1,16,23 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).

AB953-SSA1,28 Section 28 . 49.45 (25) (bj) of the statutes is amended to read:

AB953-SSA1,17,8 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).

AB953-SSA1,29 Section 29 . 49.45 (25) (bj) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB953-SSA1,17,18 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).

AB953-SSA1,30 Section 30 . 51.35 (3) (a) of the statutes is amended to read:

AB953-SSA1,18,23 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth, or a licensed physician of a county department under s. 938.02 (2g) or the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) or unless the minor refuses to consent, in which case the minor's parent or guardian may consent on behalf of the minor. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian needs to consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3) (am). If the county department or the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health services and, if the department of health services consents, the county department or department of corrections may immediately transfer the individual. The department of health services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB953-SSA1,31 Section 31 . 51.35 (3) (c) and (e) of the statutes, as affected by 2017 Wisconsin Act 34, are amended to read:

AB953-SSA1,19,16 51.35 (3) (c) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth or a licensed physician of a county department under s. 938.02 (2g) or the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth, in his or her opinion, has a mental illness, drug dependency, or developmental disability and is dangerous as described in s. 51.20 (1) (a) 2., or is dangerous and is an alcoholic or a person who is drug dependent as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the juvenile correctional facility or secured residential care center for children and youth is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB953-SSA1,20,14 (e) The department of corrections or a county department under s. 938.02 (2g) may authorize emergency transfer of an individual from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility if there is cause to believe that the individual has a mental illness, drug dependency, or developmental disability and exhibits conduct that constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20 (1) (a) 2. e., or is dangerous and is an alcoholic or a person who is drug dependent as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile correctional facility or secured residential care center for children and youth shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the juvenile correctional facility or secured residential care center for children and youth from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court that directed confinement in the juvenile correctional facility or secured residential care center for children and youth.

AB953-SSA1,32 Section 32 . 59.53 (8m) of the statutes is created to read:

AB953-SSA1,20,25 59.53 (8m) Secured residential care center for children and youth. The board may establish, or contract 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), 59.52 (7), 66.0301, and 938.22 (1) (a), or may contract 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.

AB953-SSA1,33 Section 33. 121.79 (1) (e) of the statutes is created to read:

AB953-SSA1,21,3 121.79 (1) (e) For pupils in secured residential care centers for children and youth, as defined under s. 938.02 (15g).