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-ASA1,6,1714
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:
AB188-ASA1,6,25
1948.527 Community youth and family aids; bonus for county facilities. 20From the appropriation under s. 20.437 (1) (ck), the department shall allocate an
21amount equal to 15 percent of a county's allocation in the preceding fiscal year under
22s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates
23a
joint secured residential care center for children and youth
under s. 46.20 (1m) that
24was funded by a grant under
2017 Wisconsin Act 185, section
110 (4)
, and that serves
25juveniles from more than one county.
AB188-ASA1,13
1Section
13. 48.66 (1) (b) of the statutes is amended to read:
AB188-ASA1,7,82
48.66
(1) (b) Except as provided in s. 48.715 (6), the department of corrections
3may license a child welfare agency to operate a secured residential care center for
4children and youth for holding in secure custody juveniles who have been convicted
5under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or
6(4m) and referred to the child welfare agency by the court,
the tribal court, the county
7department, or the department of corrections and to provide supervision, care, and
8maintenance for those juveniles.
AB188-ASA1,7,1411
49.11
(1c) “Community-based juvenile delinquency-related services" means
12juvenile delinquency-related services provided under ch. 938 other than services
13provided for a juvenile who is under the supervision of the department of corrections
14under s. 938.183, 938.34 (4h)
, (4n), or (7g), or 938.357 (3) or (4).
AB188-ASA1,7,2417
49.45
(25) (bj) The department of corrections may elect to provide case
18management services under this subsection to persons who are under the
19supervision of that department under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3)
20or (4), who are Medical Assistance beneficiaries, and who meet one or more of the
21conditions specified in par. (am). The amount of the allowable charges for those
22services under the Medical Assistance program that is not provided by the federal
23government shall be paid from the appropriation account under s. 20.410 (3) (hm),
24(ho), or (hr).
AB188-ASA1,16
25Section 16
. 101.123 (1) (ac) 2. of the statutes is amended to read:
AB188-ASA1,8,6
1101.123
(1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r),
a
2secured residential care center for children and youth, as defined in s. 938.02 (15g), 3or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile
4correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5)
5if the facility is a private residence in which the juvenile is placed and no one is
6employed there to ensure that the juvenile remains in custody.
AB188-ASA1,8,119
301.01
(1n) “Juvenile correctional services" means services provided for a
10juvenile who is under the supervision of the department of corrections under s.
11938.183, 938.34 (4h)
, (4n), or (7g), or 938.357 (3) or (4).
AB188-ASA1,18
12Section 18
. 301.027 of the statutes is amended to read:
AB188-ASA1,8,15
13301.027 Treatment program at one or more juvenile correctional
14facilities. The department shall maintain
a cottage-based an intensive alcohol and
15other drug abuse program at one or more juvenile correctional facilities.
AB188-ASA1,19
16Section 19
. 301.031 of the statutes is repealed.
AB188-ASA1,20
17Section
20. 301.19 (title) of the statutes is amended to read:
AB188-ASA1,8,19
18301.19 (title)
Restriction Restrictions on construction or modifications
19of correctional facilities.
AB188-ASA1,21
20Section
21. 301.19 (4) of the statutes is created to read:
AB188-ASA1,8,2521
301.19
(4) Unless the governor has declared a state of emergency under s.
22323.10, the department of corrections may not expand the capacity of, or
23substantially modify the structure or physical security of, a juvenile correctional
24facility established under s. 301.16 (1w) without prior approval by the governing
25body of the city, village, or town in which the juvenile correctional facility is located.
AB188-ASA1,22
1Section
22. 301.36 (9) of the statutes is created to read:
AB188-ASA1,9,62
301.36
(9) Cooperation with local governing bodies. Upon request by the
3governing body of a city, village, or town in which a juvenile correctional facility
4established under s. 301.16 (1w) is located, the department shall meet with the
5governing body to discuss matters of local concern pertaining to the juvenile
6correctional facility.
AB188-ASA1,23
7Section
23. 301.37 (1m) of the statutes is amended to read:
AB188-ASA1,9,178
301.37
(1m) Subject to the
The rules promulgated by the department under
9sub. (1)
, shall allow a secured residential care center for children and youth
may
to
10use less restrictive physical security barriers than a Type 1 juvenile correctional
11facility while ensuring the safety of the public, staff, and youth. The rules
12promulgated under sub. (1) shall allow a secured residential care center for children
13and youth to be located in a portion of a juvenile detention facility or a Type 1 juvenile
14correctional facility. A secured residential care center for children and youth that is
15located in a portion of a juvenile detention facility or a Type 1 juvenile correctional
16facility shall provide
trauma-informed, evidence-based programming and services
17as required by the department under s. 938.48 (16) (b).
AB188-ASA1,24
18Section
24. 301.373 of the statutes is amended to read:
AB188-ASA1,9,25
19301.373 Operating loss reimbursement program. The department shall
20reimburse a county that operates a secured residential care center for children and
21youth that holds
only female juveniles in secure custody and that was established
22using funding from the grant program under
2017 Wisconsin Act 185, section
110 (4), 23for any annual net operating loss
for the services and facilities offered to female
24juveniles. A county seeking reimbursement under this section shall submit its
25request and supporting financial statements for the prior fiscal year to the
1department and the legislative audit bureau in a format prescribed by the
2department. The department shall reimburse the county for the amount of the net
3operating loss, as determined by the legislative audit bureau under s. 13.94 (1) (v),
4from the appropriation under s. 20.410 (3) (f). The department may pay for the cost
5of the audit by the legislative audit bureau under s. 13.94 (1) (v) from the
6appropriation under s. 20.410 (3) (f).
AB188-ASA1,10,129
938.02
(4) “Department" means the department of children and families except
10that with respect to a juvenile who is under the supervision of the department of
11corrections under s. 938.183, 938.34 (4h)
, (4n), or (7g), or 938.357 (3) or (4),
12“department" means the department of corrections.
AB188-ASA1,26
13Section 26
. 938.02 (15g) of the statutes is amended to read:
AB188-ASA1,10,1814
938.02
(15g) “Secured residential care center for children and youth" means
15a facility
that complies with the requirements of ss. 301.37 and 938.48 (16) (b)
16operated by an Indian tribe or a county under ss. 46.20, 59.53 (8m),
301.26, 301.27, 17and 938.22 (1) (a) or by a child welfare agency that is licensed under s. 48.66 (1) (b)
18to hold in secure custody persons adjudged delinquent.
AB188-ASA1,27
19Section 27
. 938.22 (1) (a) of the statutes is amended to read:
AB188-ASA1,11,1320
938.22
(1) (a) The county board of supervisors of a county may establish a
21juvenile detention facility or secured residential care center for children and youth
22in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or
23more counties may jointly establish a juvenile detention facility or secured
24residential care center for children and youth in accordance with ss. 46.20, 59.53
25(8m), 301.36, and 301.37. An Indian tribe may establish a secured residential care
1center for children and youth in accordance with ss. 301.36 and 301.37
or may
2contract with a county board of supervisors to hold juveniles who are adjudicated
3delinquent by the tribal court in that county's secured residential care center for
4children and youth. The county board of supervisors of a county may establish a
5shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards
6of supervisors for 2 or more counties may jointly establish a shelter care facility in
7accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a
8juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with
9one or more county boards of supervisors under s. 938.222 to hold juveniles in the
10private juvenile detention facility. Subject to ss. 48.66 (1) (b), 301.36, and 301.37, a
11child welfare agency may establish a secured residential care center for children and
12youth and contract with one or more county boards of supervisors
or an Indian tribe 13to hold juveniles in the secured residential care center for children and youth.
AB188-ASA1,28
14Section
28. 938.22 (2) (d) 2. of the statutes is amended to read:
AB188-ASA1,11,2415
938.22
(2) (d) 2. After
January
July 1, 2021, the number of juveniles that may
16be housed at a juvenile detention facility under subd. 1. is limited to the number that
17are housed at is equal to the average daily population of juveniles housed under subd.
181., rounded up to the nearest whole number, of the juvenile detention facility
on
19January 1 between July 1, 2018, and June 30, 2021,
excluding any juveniles placed
20there under 2019 Wisconsin Act .... (this act), section 72 (1
), and the juvenile
21detention facility may not be altered or added to or repaired in excess of 50 percent
22of its assessed value. If a juvenile detention facility violates this subdivision, it is no
23longer authorized to accept juveniles for placement for more than 30 consecutive
24days.
AB188-ASA1,29
25Section 29
. 938.33 (1) (c) of the statutes is amended to read:
AB188-ASA1,12,6
1938.33
(1) (c) A description of the specific services or continuum of services that
2the agency is recommending
the court to order for the juvenile or family, the persons
3or agencies that would be primarily responsible for providing those services, and the
4identity of the person or agency that would provide case management or coordination
5of services, if any, and whether or not the juvenile should receive a coordinated
6services plan of care.
AB188-ASA1,30
7Section 30
. 938.33 (3r) of the statutes is amended to read:
AB188-ASA1,12,178
938.33
(3r) Serious juvenile offender report. If a juvenile has been
9adjudicated delinquent for committing a violation for which the juvenile may be
10placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
11shall be in writing and, in addition to the information specified in sub. (1) and in sub.
12(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
13placement in the serious juvenile offender program under s. 938.34 (4h) or in a
14juvenile correctional facility secured residential care center for children and youth 15under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the
16juvenile's home with supervision and community-based programming and a
17recommendation as to the type of placement for which the juvenile is best suited.
AB188-ASA1,31
18Section 31
. 938.33 (6) of the statutes is created to read:
AB188-ASA1,12,2219
938.33
(6) Retention. Reports submitted under this section shall be retained
20in the record of the pending action, which shall be made available to the agency that
21is designated to supervise the juvenile under a disposition under s. 938.34 or a
22change of placement order under s. 938.357.
AB188-ASA1,32
23Section 32
. 938.34 (4m) (intro.) of the statutes is amended to read:
AB188-ASA1,13,324
938.34
(4m) Correctional placement. (intro.) Place the juvenile
under the
25supervision of the department of corrections in a juvenile correctional facility or
1under the supervision of the county department in a secured residential care center
2for children and youth
under the supervision of
identified by the county department
3or the department of corrections if all of the following apply:
AB188-ASA1,13,86
938.34
(4m) Correctional placement. (intro.) Place the juvenile under the
7supervision of the county department in a secured residential care center for children
8and youth identified by the county department if all of the following apply:
AB188-ASA1,34
9Section 34
. 938.34 (4n) (intro.) of the statutes is amended to read:
AB188-ASA1,13,2410
938.34
(4n) Community supervision or aftercare Aftercare supervision. 11(intro.) In the case of a juvenile who has received a correctional placement under sub.
12(4m), designate
the county department one of the following to provide aftercare
13supervision for the juvenile following the juvenile's release from a secured
14residential care center for children and youth or Type 1 juvenile correctional facility
.
15In the case of a juvenile who has been placed in a juvenile correctional facility or a
16secured residential care center for children and youth under the supervision of the
17department of corrections, designate the department of corrections to provide
18community supervision for the juvenile following the juvenile's release from that
19facility or center or, subject to any arrangement between the department of
20corrections and a county department regarding the provision of aftercare
21supervision for juveniles who have been released from a juvenile correctional facility
22or a secured residential care center for children and youth, designate one of the
23following to provide aftercare supervision for the juvenile following the juvenile's
24release from that facility or center:
AB188-ASA1,35
25Section 35
. 938.355 (2) (b) 1. of the statutes is amended to read:
AB188-ASA1,14,3
1938.355
(2) (b) 1.
The specific Specific services to be provided to the juvenile
2and the juvenile's family, and, if custody is to be transferred to effect the treatment
3plan, the identity of the legal custodian.
AB188-ASA1,36
4Section 36
. 938.355 (2) (b) 2. of the statutes is amended to read:
AB188-ASA1,14,145
938.355
(2) (b) 2. If the juvenile is placed outside the home
under s. 938.34 (3)
6or (4d), the name of the place or facility, including transitional placements, where the
7juvenile shall be cared for or treated, except that if the placement is a foster home
8and the name and address of the foster parent is not available at the time of the order,
9the name and address of the foster parent shall be furnished to the court and the
10parent within 21 days after the order. If, after a hearing on the issue with due notice
11to the parent or guardian, the court finds that disclosure of the identity of the foster
12parent would result in imminent danger to the juvenile or the foster parent, the court
13may order the name and address of the prospective foster parents withheld from the
14parent or guardian.
AB188-ASA1,37
15Section 37
. 938.355 (2) (b) 2m. of the statutes is created to read:
AB188-ASA1,14,1816
938.355
(2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
17(4m), the name of the county department that will provide supervision and
18determine placement for the juvenile.
AB188-ASA1,38
19Section 38
. 938.355 (2) (b) 6m. of the statutes is amended to read:
AB188-ASA1,15,220
938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
21under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33
22(1), a statement that the court approves the placement recommended by the agency
23or, if the juvenile is placed outside the home in a placement other than a placement
24recommended by that agency, a statement that the court has given bona fide
1consideration to the recommendations made by the agency and all parties relating
2to the juvenile's placement.
AB188-ASA1,39
3Section 39
. 938.355 (2) (b) 6n. of the statutes is created to read:
AB188-ASA1,15,74
938.355
(2) (b) 6n. If the juvenile is placed outside the home under s. 938.34
5(4m), a statement that the court has given bona fide consideration to the
6recommendations made by the agency and all parties relating to the juvenile's
7placement.
AB188-ASA1,40
8Section 40
. 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
AB188-ASA1,15,139
938.357
(3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c),
10the court may order placement in a Type 1 juvenile correctional facility
under
11supervision of operated by the department of corrections for a juvenile who was
12adjudicated delinquent under s. 938.34 (4m) if the court finds, after a hearing under
13this section, that any of the following apply:
AB188-ASA1,16,214
(c)
Upon Notwithstanding s. 938.34 (4m), upon the recommendation of the
15department of health services, the court may order the placement of a juvenile
under
16par. (b) who was adjudicated delinquent under s. 938.34 (4m) at the Mendota juvenile
17treatment center
if par. (b) 1. a. to c. are met. A court may not order a placement
18under this paragraph at the Mendota juvenile treatment center that the department
19of health services has not approved. A juvenile under the supervision of a county in
20a secured residential care center for children and youth who is transferred to
21Mendota juvenile treatment center under this paragraph remains under the
22supervision of that county. The department of health services shall determine the
23date for the actual transfer of the juvenile to the Mendota juvenile treatment center,
24and no change of placement to the Mendota juvenile treatment center may be
25ordered without the prior agreement of the department of health services to admit
1the juvenile. No further hearing or court order is necessary for the department of
2health services to transfer the juvenile back to the custody of the county department.
AB188-ASA1,41
3Section 41
. 938.357 (3) (e) of the statutes is created to read:
AB188-ASA1,16,94
938.357
(3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility
5under par. (b) is under the supervision of the department of corrections. The change
6of placement order shall designate the department of corrections to provide
7community supervision or the county department to provide aftercare supervision
8for the juvenile following the juvenile's release from the Type 1 juvenile correctional
9facility.
AB188-ASA1,42
10Section 42
. 938.357 (4) (as) of the statutes is created to read:
AB188-ASA1,16,1811
938.357
(4) (as) When a juvenile is placed under the supervision of a county
12department, that department may place the juvenile in a secured residential care
13center for children and youth or on aftercare supervision, either immediately or after
14a period of placement in a secured residential care center for children and youth. The
15county department shall send written notice of any change in placement to the
16parent, guardian, legal custodian, if any, and the court. The county department shall
17be responsible for decisions regarding the release of a juvenile who is under its
18supervision.
AB188-ASA1,43
19Section 43
. 938.357 (4g) (a) of the statutes is amended to read:
AB188-ASA1,17,420
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
21is placed in a juvenile correctional facility or a secured residential care center for
22children and youth, or within 30 days after the date on which the department of
23corrections requests the community supervision or aftercare plan, whichever is
24earlier, the community supervision
provider or
the aftercare provider designated
25under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the
1juvenile. If the juvenile is to be placed on aftercare supervision, the county
2department designated as the aftercare provider shall submit the aftercare plan to
3the department of corrections within the applicable period specified in this
4paragraph, unless the department of corrections waives the period under par. (b).
AB188-ASA1,17,127
938.48
(3) Supervision and special treatment or care. Accept supervision
8over juveniles transferred to it by the court under s. 938.183, 938.34 (4h)
or (4n), or
9938.357 (3) or (4), and provide special treatment or care to juveniles when directed
10by the court. Except as provided in s. 938.505 (2), a court may not direct the
11department to administer psychotropic medications to juveniles who receive special
12treatment or care under this subsection.
AB188-ASA1,18,315
938.48
(4) Care, training, and placement. Provide appropriate care and
16training for juveniles under its supervision under s. 938.183, 938.34 (4h)
or (4n), or
17938.357 (3) or (4), including serving those juveniles in their own homes, placing them
18in licensed foster homes or licensed group homes under s. 48.63 or in independent
19living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed
20child welfare agencies, or replacing them in juvenile correctional facilities or secured
21residential care centers for children and youth in accordance with rules promulgated
22under ch. 227, except that the department may not purchase the educational
23component of private day treatment programs for a juvenile in its custody unless the
24department, the school board, as defined in s. 115.001 (7), and the state
25superintendent of public instruction all determine that an appropriate public
1education program is not available for the juvenile. Disputes between the
2department and the school district shall be resolved by the state superintendent of
3public instruction.
AB188-ASA1,18,76
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
7938.34 (4h)
or (4n) or 938.357 (3) or (4) when the person reached 17 years of age.
AB188-ASA1,18,1310
938.48
(5) Moral and religious training. Provide for the moral and religious
11training of a juvenile under its supervision under s. 938.183, 938.34 (4h)
or (4n), or
12938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile's
13parents.
AB188-ASA1,18,2116
938.48
(6) Emergency surgery. Consent to emergency surgery under the
17direction of a licensed physician or surgeon for any juvenile under its supervision
18under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4) upon notification by a
19licensed physician or surgeon of the need for the surgery and if reasonable effort,
20compatible with the nature and time limitation of the emergency, has been made to
21secure the consent of the juvenile's parent or guardian.
AB188-ASA1,19,524
938.48
(14) School-related expenses for juveniles over 17. Pay
25maintenance, tuition, and related expenses from the appropriation under s. 20.410
1(3) (ho) for persons who, when they attained 17 years of age, were students regularly
2attending a school, college, or university or regularly attending a course of vocational
3or technical training designed to prepare them for gainful employment, and who
4upon attaining that age were under the supervision of the department under s.
5938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4) as a result of a judicial decision.
AB188-ASA1,50
6Section
50. 938.48 (16) (b) of the statutes is amended to read:
AB188-ASA1,19,167
938.48
(16) (b) Promulgate rules governing services and programming for
8juveniles in a secured residential care center for children and youth. The
department 9rules shall
include uniform data reporting standards for require counties or Indian
10tribes that operate or contract with a child welfare agency for a secured residential
11care center for children and youth
in rules promulgated under this paragraph to
12implement trauma-informed principles and evidence-based practices at the
13facilities and shall include uniform data reporting standards. The department shall
14base the rules it promulgates under this paragraph on the recommendations
15provided by the juvenile corrections study committee under
2017 Wisconsin Act 185,
16section
110 (6) (c) 1.
AB188-ASA1,20,319
938.505
(1) Rights and duties of department of corrections or county
20department. When a juvenile is placed under the supervision of the department of
21corrections under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3), (4), or (5) (e) or under
22the supervision of a county department under s. 938.34 (4m) or (4n), the department
23of corrections or county department, whichever has supervision over the juvenile,
24shall have the right and duty to protect, train, discipline, treat, and confine the
25juvenile and to provide food, shelter, legal services, education, and ordinary medical
1and dental care for the juvenile, subject to the rights, duties, and responsibilities of
2the guardian of the juvenile and subject to any residual parental rights and
3responsibilities and the provisions of any court order.
AB188-ASA1,20,156
938.52
(2) (a) In addition to facilities and services under sub. (1), the
7department of corrections may use other facilities and services under its jurisdiction.
8The department of corrections may contract for and pay for the use of other public
9facilities or private facilities for the care and treatment of juveniles in its care.
10Placement of a juvenile in a private or public facility that is not under the jurisdiction
11of the department of corrections does not terminate that department's supervision
12over the juvenile under s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4).
13Placements in institutions for persons with a mental illness or development
14disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
15and ch. 51.
AB188-ASA1,20,1816
(c) The department of corrections may inspect any facility it is using and
17examine and consult with persons under its supervision under s. 938.183, 938.34
18(4h)
or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB188-ASA1,21,2
21938.53 Duration of control of department of corrections over
22delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
23who has been placed under the supervision of the department of corrections under
24s. 938.183, 938.34 (4h)
or (4n), or 938.357 (3) or (4) shall be discharged as soon as that
25department determines that there is a reasonable probability that departmental
1supervision is no longer necessary for the rehabilitation and treatment of the
2juvenile or for the protection of the public.