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LRBa0328/1
EAW:ahe
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY BILL 188
June 13, 2019 - Offered by Representative Schraa.
AB188-AA3,1,11 At the locations indicated, amend the bill as follows:
AB188-AA3,1,2 21. Page 8, line 10: after that line insert:
AB188-AA3,1,3 3 Section 19m. 301.37 (1m) of the statutes is amended to read:
AB188-AA3,1,134 301.37 (1m) Subject to the The rules promulgated by the department under
5sub. (1), shall allow a secured residential care center for children and youth may to
6use less restrictive physical security barriers than a Type 1 juvenile correctional
7facility while ensuring the safety of the public, staff, and youth. The rules
8promulgated under sub. (1) shall allow a secured residential care center for children
9and youth to
be located in a portion of a juvenile detention facility or a Type 1 juvenile
10correctional facility. A secured residential care center for children and youth that is
11located in a portion of a juvenile detention facility or a Type 1 juvenile correctional
12facility shall provide trauma-informed, evidence-based programming and services
13as required by the department under s. 938.48 (16) (b).”.
AB188-AA3,2,1
12. Page 9, line 8: delete lines 8 to 11 and substitute:
AB188-AA3,2,6 2“938.02 (15g) “Secured residential care center for children and youth" means
3a facility that complies with the requirements of ss. 301.37 and 938.48 (16) (b)
4operated by an Indian tribe or a county under ss. 46.20, 59.53 (8m), 301.26, 301.27,
5and 938.22 (1) (a) or by a child welfare agency that is licensed under s. 48.66 (1) (b)
6to hold in secure custody persons adjudged delinquent.”.
AB188-AA3,2,12 73. Page 14, line 12: after “met." insert “A court may not order a placement
8under this paragraph at the Mendota juvenile treatment center that the department
9has not approved. A juvenile under the supervision of a county in a secured
10residential care center for children and youth who is transferred to Mendota juvenile
11treatment center under this paragraph remains under the supervision of that
12county.
".
AB188-AA3,2,13 134. Page 18, line 1: before that line insert:
AB188-AA3,2,14 14 Section 45m. 938.48 (16) (b) of the statutes is amended to read:
AB188-AA3,2,2415 938.48 (16) (b) Promulgate rules governing services and programming for
16juveniles in a secured residential care center for children and youth. The department
17rules shall include uniform data reporting standards for require counties or Indian
18tribes that operate or contract with a child welfare agency for a secured residential
19care center for children and youth in rules promulgated under this paragraph to
20implement trauma-informed principles and evidence-based practices at the
21facilities and shall include uniform data reporting standards
. The department shall
22base the rules it promulgates under this paragraph on the recommendations
23provided by the juvenile corrections study committee under 2017 Wisconsin Act 185,
24section 110 (6) (c) 1.”.
AB188-AA3,3,1
15. Page 25, line 24: after that line insert:
AB188-AA3,3,5 2(2m) Secured residential care centers for children and youth; variance for
3cost-saving measures.
The department of corrections shall grant a variance from the
4rules promulgated under s. 301.37 requested by a county for a secured residential
5care center for children and youth if all of the following apply:
AB188-AA3,3,10 6(a) The juvenile corrections grant committee determines that the variance is
7necessary to achieve a reasonable cost-saving measure that will not compromise the
8quality or type of evidence-based, trauma-informed care that is offered at the
9facility or determines that the variance is necessary to incorporate new practices of
10evidence-based, trauma-informed care at the facility.
AB188-AA3,3,13 11(b) The juvenile corrections grant committee includes the variance in its
12recommendations for funding to the joint committee on finance under 2017
13Wisconsin Act 185
, Section 110 (4) (e).
AB188-AA3,3,17 14(c) The proposed secured residential care center for children and youth,
15including the proposed variance, is part of the plan approved by the joint committee
16on finance and receives funding from the juvenile corrections grant program under
172017 Wisconsin Act 185, Section 110 (4).
AB188-AA3,3,20 18(d) The proposed secured residential care center for children and youth meets
19the minimum requirements of the commercial building code adopted under subch.
20I of ch. 101.”.
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