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:
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-ASA1,14 9Section 14 . 49.11 (1c) of the statutes, as affected by 2017 Wisconsin Act 185,
10section 27, is amended to read:
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-ASA1,15 15Section 15 . 49.45 (25) (bj) of the statutes, as affected by 2017 Wisconsin Act
16185
, section 29, is amended to read:
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-ASA1,17 7Section 17 . 301.01 (1n) of the statutes, as affected by 2017 Wisconsin Act 185,
8section 35, is amended to read:
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-ASA1,25 7Section 25 . 938.02 (4) of the statutes, as affected by 2017 Wisconsin Act 185,
8section 50, is amended to read:
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-ASA1,33 4Section 33 . 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin
5Act 185
, section 62, is repealed and recreated to read:
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:
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