AB953-ASA1,46,10
1938.52
(2) (a) In addition to facilities and services under sub. (1), the
2department of corrections may use other facilities and services under its jurisdiction.
3The department of corrections may contract for and pay for the use of other public
4facilities or private facilities for the care and treatment of juveniles in its care.
5Placement of a juvenile in a private or public facility that is not under the jurisdiction
6of the department of corrections does not terminate that department's supervision
7over the juvenile under s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4).
8Placements in institutions for persons with a mental illness or development
9disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am)
10and ch. 51.
AB953-ASA1,46,1311
(c) The department of corrections may inspect any facility it is using and
12examine and consult with persons under its supervision under s. 938.183, 938.34
13(4h)
, (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.
AB953-ASA1,99
14Section 99
. 938.53 of the statutes is amended to read:
AB953-ASA1,46,21
15938.53 Duration of control of department of corrections over
16delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
17who has been placed under the supervision of the department of corrections under
18s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357
(3) or (4) shall be discharged as soon
19as that department determines that there is a reasonable probability that
20departmental supervision is no longer necessary for the rehabilitation and
21treatment of the juvenile or for the protection of the public.
AB953-ASA1,100
22Section 100
. 938.53 of the statutes, as affected by 2017 Wisconsin Act .... (this
23act), is amended to read:
AB953-ASA1,47,5
24938.53 Duration of control of department of corrections over
25delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent
1who has been placed under the supervision of the department of corrections under
2s. 938.183, 938.34 (4h)
, (4m), or (4n), or 938.357 (3) or (4) shall be discharged as soon
3as that department determines that there is a reasonable probability that
4departmental supervision is no longer necessary for the rehabilitation and
5treatment of the juvenile or for the protection of the public.
AB953-ASA1,101
6Section
101. 938.535 of the statutes is amended to read:
AB953-ASA1,47,15
7938.535 Early release and intensive supervision program; limits. The
8department of corrections
or a county department may establish a program for the
9early release and intensive supervision of juveniles who have been placed in a
10juvenile correctional facility or a secured residential care center for children and
11youth under s. 938.183
or, 938.34 (4m)
, or 938.357 (3). The program may not include
12any juveniles who have been placed in a juvenile correctional facility or a secured
13residential care center for children and youth as a result of a delinquent act involving
14the commission of a violent crime as defined in s. 969.035, but not including the crime
15specified in s. 948.02 (1).
AB953-ASA1,102
16Section 102
. 938.539 (2) of the statutes is amended to read:
AB953-ASA1,47,2217
938.539
(2) Type 2 juvenile correctional facility; department of corrections
18control. A juvenile who is placed in a Type 2 juvenile correctional facility under s.
19938.357 (4)
(a) (am) or who, having been so placed, is replaced in a less restrictive
20placement under s. 938.357 (4) (c) is under the supervision and control of the
21department of corrections, is subject to the rules and discipline of that department,
22and is considered to be in custody, as defined in s. 946.42 (1) (a).
AB953-ASA1,103
23Section 103
. 938.539 (3) of the statutes is amended to read:
AB953-ASA1,48,824
938.539
(3) Violation of condition of placement. Notwithstanding ss. 938.19
25to 938.21, if a juvenile placed in a Type 2 residential care center for children and
1youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional
2facility under s. 938.357 (4)
(a) (am) or (c) violates a condition of his or her placement
3in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional
4facility as provided in s. 938.357 (4) (b)
1. or in a secured residential care center for
5children and youth as provided in s. 938.357 (4) (b) 2. This subsection does not
6preclude a juvenile who has violated a condition of the juvenile's placement in a Type
72 juvenile correctional facility or a Type 2 residential care center for children and
8youth from being taken into and held in custody under ss. 938.19 to 938.21.
AB953-ASA1,104
9Section 104
. 938.539 (4) of the statutes is amended to read:
AB953-ASA1,48,1510
938.539
(4) Escape or absence. A juvenile placed in a Type 2 residential care
11center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
12juvenile correctional facility under s. 938.357 (4)
(a) (am) or (c) who intentionally fails
13to remain within the extended limits of his or her placement or to return within the
14time prescribed by the administrator of the center or facility is considered an escape
15under s. 946.42 (3) (c).
AB953-ASA1,105
16Section 105
. 938.539 (5) of the statutes is amended to read:
AB953-ASA1,49,217
938.539
(5) Operation as Type 2 placement. With respect to a juvenile who is
18placed in a
secured residential care center for children and youth under s. 938.34 (4d)
19or 938.357 (4)
(a) (am) or in a less restrictive placement under s. 938.357 (4) (c), the
20child welfare agency operating the center in which the juvenile is placed, and the
21person operating any less restrictive placement in which the juvenile is placed, shall
22operate that center or less restrictive placement as a Type 2 residential care center
23for children and youth or a Type 2 juvenile correctional facility. This subsection does
24not preclude a child welfare agency or other person from placing in a residential care
25center for children and youth or less restrictive placement in which a juvenile is
1placed under s. 938.34 (4d) or 938.357 (4)
(a) (am) or (c) a juvenile who is not placed
2under s. 938.34 (4d) or 938.357 (4)
(a) (am) or (c).
AB953-ASA1,106
3Section 106
. 938.54 of the statutes is amended to read:
AB953-ASA1,49,10
4938.54 Records. The department of corrections shall keep a complete record
5on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or
6938.357
(3) or (4). This record shall include the information received from the court,
7the date of reception, all available data on the personal and family history of the
8juvenile, the results of all tests and examinations given the juvenile, and a complete
9history of all placements of the juvenile while under the supervision of the
10department of corrections.
AB953-ASA1,107
11Section 107
. 938.54 of the statutes, as affected by 2017 Wisconsin Act .... (this
12act), is amended to read:
AB953-ASA1,49,19
13938.54 Records. The department of corrections shall keep a complete record
14on each juvenile under its supervision under s. 938.183, 938.34 (4h)
, (4m), or (4n) or
15938.357 (3) or (4). This record shall include the information received from the court,
16the date of reception, all available data on the personal and family history of the
17juvenile, the results of all tests and examinations given the juvenile, and a complete
18history of all placements of the juvenile while under the supervision of the
19department of corrections.
AB953-ASA1,108
20Section 108
. 938.59 (1) of the statutes is amended to read:
AB953-ASA1,50,821
938.59
(1) Investigation and examination. The county department shall
22investigate the personal and family history and environment of any juvenile
23transferred to its legal custody or placed under its supervision under s. 938.34
(2), 24(4d)
, (4m), or (4n) and make any physical or mental examinations of the juvenile
25considered necessary to determine the type of care necessary for the juvenile. The
1county department shall screen a juvenile who is examined to determine whether the
2juvenile is in need of special treatment or care because of alcohol or other drug abuse,
3mental illness, or severe emotional disturbance. The county department shall keep
4a complete record of the information received from the court, the date of reception,
5all available data on the personal and family history of the juvenile, the results of all
6tests and examinations given the juvenile, and a complete history of all placements
7of the juvenile while in the legal custody or under the supervision of the county
8department.
AB953-ASA1,109
9Section 109
. 938.595 of the statutes is amended to read:
AB953-ASA1,50,15
10938.595 Duration of control of county departments over delinquents. 11A juvenile who has been adjudged delinquent and placed under the supervision of
12a county department under s. 938.34
(2), (4d)
, (4m), or (4n) shall be discharged as
13soon as the county department determines that there is a reasonable probability that
14it is no longer necessary either for the rehabilitation and treatment of the juvenile
15or for the protection of the public that the county department retain supervision.
AB953-ASA1,50,1717
(1)
Transfer of juveniles.
AB953-ASA1,51,318
(a)
Upon the establishment of the Type 1 juvenile correctional facilities under
19subsection (7) and the secured residential care centers for children and youth under
20subsections (4) and (7m), the department of corrections shall begin to transfer each
21juvenile held in secure custody at the Lincoln Hills School and Copper Lake School
22to the appropriate Type 1 juvenile correctional facility or secured residential care
23center for children and youth. No juvenile may be transferred to a Type 1 juvenile
24correctional facility until the department of corrections determines the facility to be
25ready to accept juveniles, and no juvenile may be transferred to a secured residential
1care center for children and youth until the entity operating the facility determines
2it to be ready to accept juveniles. The transfers may occur in phases. The department
3shall transfer all juveniles under this subsection no later than January 1, 2021.
AB953-ASA1,51,94
(b) On the date on which a juvenile who was under the supervision of the
5department of corrections under section 938.34 (2) or (4m) of the statutes is
6transferred to a secured residential care center for children and youth under
7paragraph (a), the juvenile is under the supervision of the county department of the
8county of the court that adjudicated the juvenile delinquent under section 938.34 (2)
9or (4m) of the statutes.
AB953-ASA1,51,1010
(2)
Closure and conversion of facilities.
AB953-ASA1,51,1611
(a) On the earlier of the date on which all juveniles have been transferred to
12secured residential care centers for children and youth and Type 1 juvenile
13correctional facilities under subsection (1
) or January 1, 2021, the department of
14corrections shall permanently close the Type 1 juvenile correctional facilities housed
15at the Lincoln Hills School and Copper Lake School in the town of Irma, Lincoln
16County.
AB953-ASA1,51,1917
(b) The department of corrections shall send a notice to the legislative reference
18bureau for publication in the Wisconsin Administrative Register that states the date
19on which the facilities under paragraph (a
) are closed.
AB953-ASA1,51,2020
(3)
Juvenile corrections grant committee.
AB953-ASA1,51,2221
(a)
Committee; members. There is created in the department of corrections a
22juvenile corrections grant committee consisting of the following members:
AB953-ASA1,51,23
231. The governor, or his or her designee.
AB953-ASA1,51,24
242. The secretary of corrections, or his or her designee.
AB953-ASA1,51,25
253. The secretary of children and families, or his or her designee.
AB953-ASA1,52,2
14. Three senators appointed by the president of the senate or the appointed
2senator's designee.
AB953-ASA1,52,4
35. Three representatives to the assembly appointed by the speaker of the
4assembly or that appointed representative's designee.
AB953-ASA1,52,6
56. One representative of a nonprofit that focuses on best practices for holding
6juveniles in secure custody, appointed by the governor.
AB953-ASA1,52,87
(b)
Duties. The juvenile corrections grant committee shall establish and
8administer the juvenile corrections grant program under subsection (4).
AB953-ASA1,52,119
(c)
Termination. The juvenile corrections grant committee terminates on the
10earlier of the date on which all projects funded with grants under subsection (4) are
11completed or January 1, 2021.
AB953-ASA1,52,1212
(4)
Juvenile corrections grant program.
AB953-ASA1,52,16
141. There is created a juvenile corrections grant program, administered by the
15juvenile corrections grant committee and the department of corrections. Under the
16juvenile corrections grant program, a county may apply for any of the following:
AB953-ASA1,52,18
17a. A grant to pay 95 percent of the costs of designing and constructing a secured
18residential care center for children and youth.
AB953-ASA1,52,21
19b. A grant to pay 95 percent of the costs of designing and constructing a facility
20that houses both a secured residential care center for children and youth and a
21juvenile detention facility, as defined under subsection (7m) (a).
AB953-ASA1,52,24
22c. A grant to pay 100 percent of the costs of designing and constructing a
23secured residential care center for children and youth only for female juveniles or any
24portion that is only for female juveniles.
AB953-ASA1,53,2
12. Construction costs that are eligible to be paid by a grant under this
2subsection include costs of renovating an existing structure.
AB953-ASA1,53,63
3. A grant awarded under this subsection shall reimburse 95 percent of any
4design costs incurred by a successful applicant in preparing the grant application,
5or 100 percent of any design costs incurred by a successful applicant in preparing the
6grant application with respect to a facility or portion of a facility for female juveniles.
AB953-ASA1,53,107
(b)
Multicounty coordination. Multiple counties may coordinate to submit one
8grant application for construction or establishment of a secured residential care
9center for children and youth that will hold juveniles from all of the cooperating
10counties.
AB953-ASA1,53,2411
(c)
Requirements. The juvenile corrections grant committee shall establish
12requirements, guidelines, and criteria for the grant proposals and for awarding the
13grants. The committee shall require that, in developing a grant application, the
14county or counties consider best practices in designing and operating facilities that
15hold juveniles in secure custody and the feasibility of developing an existing facility
16into the secured residential care center for children and youth, and solicit input on
17the design of the secured residential care center for children and youth from judges
18at the court assigned to exercise jurisdiction under chapters 48 and 938 of the
19statutes for that county or, for multicounty grant applications under paragraph (b),
20at the court assigned to exercise jurisdiction under chapters 48 and 938 of the
21statutes for each county. The juvenile corrections grant committee shall favor
22proposals that utilize existing facilities that consider proximity to the populations
23of juveniles the facility would serve and shall encourage multicounty coordination
24by favoring applications under paragraph (b
).
AB953-ASA1,54,4
1(d)
Deadline. Grant applications are due no later than March 31, 2019.
2Between that date and June 30, 2019, the juvenile corrections grant committee may
3work with applicants to modify their applications in order to increase the likelihood
4of being awarded a grant.
AB953-ASA1,54,125
(e)
Wisconsin model of juvenile justice; statewide plan. The juvenile corrections
6grant committee shall develop a statewide plan that recommends which grant
7applications to approve, based on an overall view toward a Wisconsin model of
8juvenile justice. The committee shall consult with the departments of corrections
9and children and families on the statewide plan and may not recommend approval
10of an application unless the department of corrections approves the plans and
11specifications for the site and the design and construction of the proposed secured
12residential care center for children and youth under section 301.37 of the statutes.
AB953-ASA1,54,2413
(f)
Plan approval. No later than July 1, 2019, the juvenile corrections grant
14committee shall submit the plan under paragraph (e
) to the joint committee on
15finance. If the cochairpersons of the joint committee on finance do not notify the
16juvenile corrections grant committee secretary that the joint committee on finance
17has scheduled a meeting for the purpose of reviewing the plan to be held within 14
18working days after the date of submittal, the juvenile corrections grant committee
19and the department of corrections shall implement the plan. If the cochairpersons
20of the joint committee on finance notify the juvenile corrections grant committee that
21the joint committee on finance has scheduled a meeting for the purpose of reviewing
22the plan to be held within 14 working days after the date of the submittal, the
23juvenile corrections grant committee may not implement the plan until it is approved
24by the joint committee on finance, as submitted or as modified.
AB953-ASA1,55,5
1(g)
Grant issuance. In implementing the plan under paragraph (e), the
2department of corrections shall award the grants under the plan and the juvenile
3corrections grant committee shall monitor the progress of the projects funded by the
4grants to ensure compliance with the grant program and completion in time to
5transfer juveniles as provided under subsection (1
).
AB953-ASA1,55,66
(5)
Emergency rule making.
AB953-ASA1,55,247
(a) Using the procedure under section 227.24 of the statutes, the department
8of corrections shall promulgate emergency rules under section 938.22 (2) (a) and
9301.37 (1) of the statutes as needed to establish standards for the approval, design,
10construction, repair, maintenance, and operation of secured residential care centers
11for children and youth. Using the procedure under section 227.24 of the statutes, the
12department of corrections shall promulgate emergency rules under section 938.48
13(16) (b) of the statutes as needed to establish standards for services, programming,
14and uniform data reporting requirements for counties or Indian tribes that operate
15or contract with a child welfare agency to operate a secured residential care center
16for children and youth. Notwithstanding section 227.24 (1) (a) and (3) of the statutes,
17the department is not required to provide evidence that promulgating a rule under
18this subsection as an emergency rule is necessary for the preservation of the public
19peace, health, safety, or welfare and is not required to provide a finding of emergency
20for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c)
21and (2) of the statutes, emergency rules promulgated under this subsection remain
22in effect for 2 years after the date they become effective, or until the date on which
23permanent rules take effect, whichever is sooner, and the effective period may not
24be further extended under section 227.24 (2) of the statutes.
AB953-ASA1,56,7
1(b) The department of corrections shall present the statement of scope of the
2rules required under paragraph (a
) to the department of administration for
3gubernatorial approval under section 227.135 (2) of the statutes no later than than
4August 24, 2018. Notwithstanding section 227.24 (1) (e) 1d. of the statutes, if the
5governor does not disapprove the statement of scope of the rules under this
6paragraph by the 7th day after the department presents the statement to the
7governor, the statement is considered approved by the governor.
AB953-ASA1,56,138
(c) The department of corrections shall submit to the governor the rules
9required under paragraph (a) in final draft form no later than December 17, 2018.
10Notwithstanding section 227.24 (1) (e) 1g. of the statutes, if the governor does not
11reject the rules under this paragraph by the 14th day after the rules are submitted
12to the governor in final draft form, the rules are considered to be approved by the
13governor.
AB953-ASA1,56,1414
(6)
Juvenile corrections study committee.
AB953-ASA1,56,1615
(a)
Committee; members. There is created in the department of corrections a
16juvenile corrections study committee consisting of all of the following members:
AB953-ASA1,56,18
171. The secretary of corrections, or his or her designee, who shall serve as
18cochairperson.
AB953-ASA1,56,20
192. The secretary of children and families, or his or her designee, who shall serve
20as cochairperson.
AB953-ASA1,56,21
213. The secretary of health services, or his or her designee.
AB953-ASA1,56,22
224. The superintendent of public instruction, or his or her designee.
AB953-ASA1,56,23
235. The state public defender, or his or her designee.
AB953-ASA1,56,25
246. Three representatives to the assembly appointed by the speaker of the
25assembly or the appointed representative's designee.
AB953-ASA1,57,2
17. Three senators appointed by the president of the senate or the appointed
2senator's designee.
AB953-ASA1,57,3
38. Two circuit court judges, appointed by the governor.
AB953-ASA1,57,4
49. Two district attorneys, appointed by the governor.
AB953-ASA1,57,6
510. Two representatives of law enforcement agencies in this state, appointed
6by the governor.
AB953-ASA1,57,8
711. One representative of a national organization that focuses on eliminating
8race-based discrimination, appointed by the governor.
AB953-ASA1,57,10
912. One representative of a nonprofit that focuses on issues relating to juvenile
10justice, appointed by the governor.
AB953-ASA1,57,12
1113. One representative of a nonprofit that focuses on best practices for holding
12juveniles in secure custody, appointed by the governor.
AB953-ASA1,57,16
1314. One representative of the county department of social services or human
14services in the county with the highest percentage of juveniles under the supervision
15of either the department of corrections or a county department under ch. 938,
16appointed by the governor.
AB953-ASA1,57,19
1715. One representative of a county department of social services or human
18services of a county that operates a regional juvenile detention facility that is also
19an eligible juvenile detention facility, as defined under subsection (7m) (a).
AB953-ASA1,57,21
2016. One representative of a county department of social services or human
21services of a county not described in subdivision 14
. or 15., appointed by the governor.
AB953-ASA1,57,25
2217. One citizen who either has been under the supervision of the department
23of corrections under chapter 938 of the statutes or has had a close family member who
24has been under the supervision of the department of corrections under chapter 938
25of the statutes, appointed by the governor.
AB953-ASA1,58,2
1(b)
Staff. The state agencies with membership on the committee shall provide
2adequate staff to conduct the functions of the committee.
AB953-ASA1,58,8
41. The juvenile corrections study committee shall research and develop
5recommendations for rules governing the services and programming provided to
6juveniles in secured residential care centers for children and youth. The committee
7shall submit to the department of corrections its findings and recommendations no
8later than September 1, 2018.
AB953-ASA1,58,17
92. The juvenile corrections study committee shall study and develop
10recommendations for the location of Type 1 juvenile correctional facilities under
11section 301.16 (1w) (a) of the statutes based on space and security needs, cost,
12proximity to the populations of juveniles the facilities would serve, and best practices
13for holding juveniles in secure custody. In developing these recommendations, the
14committee shall conduct an inventory of existing state-owned facilities that have the
15capacity be used as Type 1 juvenile correctional facilities and shall favor the use of
16existing facilities. The committee shall submit to the department of corrections its
17recommendations for these facilities no later than November 1, 2018.
AB953-ASA1,58,2118
(d)
Consultation. The juvenile corrections study committee shall consult with
19one or more organizations that focus on developing best practices for holding
20juveniles in secure custody to aid the committee's research and development of
21recommendations under paragraph (c
).
AB953-ASA1,58,2322
(e)
Termination. The juvenile corrections study committee terminates on
23January 1, 2021.
AB953-ASA1,59,324
(7)
Type 1 juvenile correctional facilities. The department of corrections
25shall establish or construct the Type 1 juvenile correctional facilities under section
1301.16 (1w) (a) of the statutes no later than January 1, 2021. The department shall
2consider the recommendations of the juvenile corrections study committee under
3subsection (6) (c) 2
. in establishing or constructing these facilities.
AB953-ASA1,59,64
(7g)
Mendota juvenile treatment center. The department of health services
5shall construct an expansion of the Mendota juvenile treatment center to
6accommodate no fewer than 29 additional juveniles.
AB953-ASA1,59,77
(7m)
Certain juvenile detention facilities.
AB953-ASA1,59,138
(a) In this subsection, an “eligible juvenile detention facility” is a juvenile
9detention facility operated by a county board of supervisors that has adopted a
10resolution under section 938.34 (3) (f) 3. of the statutes, prior to January 1, 2018,
11authorizing placement of a juvenile at the juvenile detention facility under section
12938.34 (3) (f) of the statutes for more than 30 consecutive days and that is not a
13juvenile detention facility described under section 938.22 (2) (d) 1. of the statutes.
AB953-ASA1,59,1914
(b) 1. Notwithstanding section 938.22 (1) and (2) of the statutes, except as
15provided in subdivision 2., on January 1, 2021, the portion of an eligible juvenile
16detention facility that holds juveniles who are placed under section 938.34 (3) (f) of
17the statutes for more than 30 days is a secured residential care center for children
18and youth and juveniles may be placed there under section 938.34 (4m) of the
19statutes.
