SB807: Bill Text

SB807,41,21 (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 for the deadline for transferring juveniles under subsection (1 ).

SB807,41,22 (5) Emergency rule making.

SB807,41,23 (a) Department of corrections.

SB807,42,11 1. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate emergency rules under section 938.22 (2) (a) and 301.37 (1) 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. 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.

SB807,42,18 2. The department of corrections shall present the statement of scope of the rules required under subdivision 1. 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.

SB807,42,24 3. The department of corrections shall submit to the governor the rules required under subdivision 1. 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.

SB807,42,25 (b) Department of children and families.

SB807,43,13 1. Using the procedure under section 227.24 of the statutes, the department of children and families shall promulgate emergency rules under section 938.485 (5) of the statutes to establish standards for services provided for juveniles in secured residential care centers 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 subdivision 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 paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this paragraph 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.

SB807,43,20 2. The department of children and families shall present the statement of scope of the rules required under subdivision 1. to the department of administration for gubernatorial approval under section 227.135 (2) of the statutes no later 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.

SB807,44,2 3. The department of children and families shall submit to the governor the rules required under subdivision 1. 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.

SB807,44,3 (6) Juvenile corrections study committee.

SB807,44,6 (a) Committee; members. There is created in the department of children and families a juvenile corrections study committee consisting of all of the following members:

SB807,44,7 1. The secretary of corrections, or his or her designee.

SB807,44,8 2. The secretary of children and families, or his or her designee.

SB807,44,9 3. The secretary of health services, or his or her designee.

SB807,44,10 4. The superintendent of public instruction, or his or her designee.

SB807,44,11 5. The state public defender, or his or her designee.

SB807,44,13 6. Three representatives to the assembly appointed by the speaker of the assembly or the appointed representative's designee.

SB807,44,15 7. Three senators appointed by the president of the senate or the appointed senator's designee.

SB807,44,16 8. Two circuit court judges, appointed by the governor.

SB807,44,17 9. Two district attorneys, appointed by the governor.

SB807,44,19 10. Two representatives of law enforcement agencies in this state, appointed by the governor.

SB807,44,21 11. One representative of a national organization that focuses on eliminating race-based discrimination, appointed by the governor.

SB807,44,23 12. One representative of a nonprofit that focuses on issues relating to juvenile justice, appointed by the governor.

SB807,44,25 13. One representative of a nonprofit that focuses on best practices for holding juveniles in secure custody, appointed by the governor.

SB807,45,4 14. One representative of the county department of social services or human services in the county with the highest percentage of juveniles under the supervision of either the department of corrections or a county department under ch. 938, appointed by the governor.

SB807,45,6 15. One representative of a county department of social services or human services of a county not described in subdivision 14, appointed by the governor.

SB807,45,10 16. One citizen who either has been under the supervision of the department of corrections under chapter 938 of the statutes or has had a close family member who has been under the supervision of the department of corrections under chapter 938 of the statutes, appointed by the governor.

SB807,45,12 (b) Staff. The state agencies with membership on the committee shall provide adequate staff to conduct the functions of the committee.

SB807,45,13 (c) Duties.

SB807,45,18 1. The juvenile corrections study committee shall research and develop recommendations for rules governing the services and programming provided to juveniles in secured residential care centers for children and youth. The committee shall submit to the department of children and families its findings and recommendations no later than September 1, 2018.

SB807,46,2 2. The juvenile corrections study committee shall study and develop recommendations for the location of Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes based on space and security needs, cost, proximity to the populations of juveniles the facilities would serve, and best practices for holding juveniles in secure custody. In developing these recommendations, the committee shall conduct an inventory of existing state-owned facilities that have the capacity be used as Type 1 juvenile correctional facilities and shall favor the use of existing facilities. The committee shall submit to the department of corrections its recommendations for these facilities no later than November 1, 2018.

SB807,46,6 3. The juvenile corrections study committee shall review and make recommendations for updating chapter DOC 346 of the Wisconsin Administrative Code. The committee shall submit these recommendations to the department of corrections no later than September 1, 2018.

SB807,46,9 (d) Consultation. The juvenile corrections study committee shall consult with the Council of State Governments, if it agrees, to aid the committee's research and development of recommendations under paragraph (c ).

SB807,46,11 (e) Termination. The juvenile corrections study committee terminates on July 1, 2020.

SB807,46,16 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than July 1, 2020. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2 . in establishing or constructing these facilities.

SB807,46,17 (8) Employees of Lincoln Hills School and Copper Lake School.

SB807,46,25 (a) Type 1 juvenile correctional facility. A classified employee who, on the date the department of corrections begins accepting applications for a position at a Type 1 juvenile correctional facility established under subsection (7), is employed at the Lincoln Hills School or Copper Lake School may apply to the department of corrections to transfer to a position at the Type 1 juvenile correctional facility. Notwithstanding section 230.29 of the statutes, the department of corrections may transfer a classified employee who applies for a transfer under this paragraph to any of the following positions without competitive procedures:

SB807,47,3 1. A position assigned to a class having the same or counterpart pay rate or pay range as a class to which any of the employee's current positions at Lincoln Hills School or Copper Lake School is assigned.

SB807,47,6 2. A position in a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position.

SB807,47,13 (b) Secured residential care center for children and youth established by a county. 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 civil service system under section 59.52 (8) of the statutes or subchapter I of chapter 63 of the statutes that would otherwise apply to such employees or applicants.

SB807,47,22 (c) Secured residential care center for children and youth established by a child welfare agency. If, prior to July 1, 2020, 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 established under section 59.53 (8m) of the statutes, 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.

SB807,91 Section 91. Initial applicability.

SB807,48,5 (1) The treatment of sections 938.34 (4m) (intro.) and 938.357 (4) (a), (ab), (b) 1., 2., and 4., (c) 1. and 4., and (d) of the statutes, the renumbering and amendment of section 938.357 (3) of the statutes, and the creation of section 938.357 (3) (a) and (b) of the statutes with respect to a county department's supervision of a juvenile, first applies to a juvenile adjudicated delinquent by the court of the county and placed at that county's secured residential care center for children and youth under section 938.34 (4m) of the statutes.

SB807,92 Section 92. Effective dates. This act takes effect on the day after publication, except as follows:

SB807,48,16 (1) The treatment of sections 46.011 (1p) (by Section 5), 48.023 (4) (by Section 11), 49.11 (1c) (by Section 17 ), 49.45 (25) (bj) (by Section 19 ), 301.01 (1n) (by Section 22), 301.03 (10) (d) (by Section 25 ), 301.20, 938.02 (4) (by Section 34 ), 938.34 (2) (a) (by Section 40 ) and (b) (by Section 42 ) and (4m) (intro.) (by Section 44 ), 938. 357 (4) (am) (by Section 50 ), 938.48 (3) (by Section 58 ), (4) (by Section 60 ), (4m) (b) (by Section 62), (5) (by Section 64 ), (6) (by Section 66 ), and (14) (by Section 68 ), 938.505 (1) (by Section 76 ), 938.52 (2) (a) and (c) (by Section 78), 938.53 (by Section 80), and 938.54 (by Section 87) of the statutes and the repeal of section 20.410 (4) (bm) of the statutes takes effect on July 1, 2020.

SB807,48,17 (End)