This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB168,1
1Section 1. 13.94 (1) (v) of the statutes is amended to read:
SB168,4,72 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.
SB168,2 8Section 2 . 46.011 (1p) of the statutes, as affected by 2017 Wisconsin Act 185,
9section 13, is amended to read:
SB168,4,1210 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).
SB168,3 13Section 3 . 46.057 (1m) of the statutes is created to read:
SB168,4,1714 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.
SB168,4 18Section 4 . 46.21 (2) (j) of the statutes is amended to read:
SB168,5,519 46.21 (2) (j) May exercise approval or disapproval power over contracts and
20purchases of the director that are for $50,000 or more, except that the county board
21of supervisors may not exercise approval or disapproval power over any personal
22service contract or over any contract or purchase of the director that relates to
23community living arrangements, adult family homes, or foster homes and that was
24entered into pursuant to a contract under s. 46.031 (2g) or 301.031 49.325 (2g),
25regardless of whether the contract mentions the provider, except as provided in par.

1(m). The county board of supervisors may not exercise approval or disapproval power
2over any contract relating to mental health or mental health institutions, programs,
3or services. This paragraph does not preclude the county board of supervisors from
4creating a central purchasing department for all county purchases that are not
5related to mental health.
SB168,5 6Section 5 . 46.215 (3) of the statutes is amended to read:
SB168,5,107 46.215 (3) Program budgets. The county department of social services shall
8submit a final budget for authorized services to the department of health services
9under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the
10department of children and families under s. 49.325 (1), for authorized services.
SB168,6 11Section 6 . 46.22 (1) (b) 5m. d. of the statutes is repealed.
SB168,7 12Section 7 . 46.22 (2g) (d) 4. of the statutes is repealed.
SB168,8 13Section 8 . 46.23 (5) (c) 3. of the statutes is amended to read:
SB168,5,1614 46.23 (5) (c) 3. Shall monitor the performance of contracts for the purchase of
15juvenile correctional services. Contracts for the purchase of those services shall be
16subject to the conditions specified in s. 301.031.
SB168,9 17Section 9 . 46.23 (5) (n) 3. of the statutes is repealed.
SB168,10 18Section 10 . 46.23 (5m) (c) of the statutes is amended to read:
SB168,6,419 46.23 (5m) (c) Prepare, with the assistance of the county human services
20director under sub. (6m) (e), a proposed budget for submission to the county executive
21or county administrator; a final budget for submission to the department of health
22services in accordance with s. 46.031 (1) for authorized services, except services
23under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related
24services, and juvenile correctional services; and a final budget for submission to the
25department of children and families in accordance with s. 49.325 for authorized

1services under ch. 48 and subch. III of ch. 49 and for authorized community-based
2juvenile delinquency-related services; and a final budget for submission to the
3department of corrections in accordance with s. 301.031 for the purchase of
4authorized juvenile correctional services
.
SB168,11 5Section 11 . 48.023 (4) of the statutes, as affected by 2017 Wisconsin Act 185,
6section 20, is amended to read:
SB168,6,107 48.023 (4) The rights and responsibilities of legal custody except when legal
8custody has been vested in another person or when the child is under the supervision
9of the department of corrections under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3)
10or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).
SB168,12 11Section 12. 48.527 of the statutes is amended to read:
SB168,6,18 1248.527 Community youth and family aids; bonus for county facilities.
13From the appropriation under s. 20.437 (1) (ck), the department shall allocate an
14amount equal to 15 percent of a county's allocation in the preceding fiscal year under
15s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates
16a joint secured residential care center for children and youth under s. 46.20 (1m) that
17was funded by a grant under 2017 Wisconsin Act 185, section 110 (4) , and that serves
18juveniles from more than one county
.
SB168,13 19Section 13 . 48.66 (1) (b) of the statutes is amended to read:
SB168,7,220 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections
21may license a child welfare agency to operate a secured residential care center for
22children and youth for holding in secure custody juveniles who have been convicted
23under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or
24(4m) and referred to the child welfare agency by the court, the tribal court, the county

1department, or the department of corrections and to provide supervision, care, and
2maintenance for those juveniles.
SB168,14 3Section 14 . 49.11 (1c) of the statutes, as affected by 2017 Wisconsin Act 185,
4section 27, is amended to read:
SB168,7,85 49.11 (1c) “Community-based juvenile delinquency-related services" means
6juvenile delinquency-related services provided under ch. 938 other than services
7provided for a juvenile who is under the supervision of the department of corrections
8under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
SB168,15 9Section 15 . 49.45 (25) (bj) of the statutes, as affected by 2017 Wisconsin Act
10185
, section 29, is amended to read:
SB168,7,1811 49.45 (25) (bj) The department of corrections may elect to provide case
12management services under this subsection to persons who are under the
13supervision of that department under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3)
14or (4), who are Medical Assistance beneficiaries, and who meet one or more of the
15conditions specified in par. (am). The amount of the allowable charges for those
16services under the Medical Assistance program that is not provided by the federal
17government shall be paid from the appropriation account under s. 20.410 (3) (hm),
18(ho), or (hr).
SB168,16 19Section 16 . 101.123 (1) (ac) 2. of the statutes is amended to read:
SB168,7,2520 101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a
21secured residential care center for children and youth, as defined in s. 938.02 (15g),

22or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile
23correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5)
24if the facility is a private residence in which the juvenile is placed and no one is
25employed there to ensure that the juvenile remains in custody.
SB168,17
1Section 17. 301.01 (1n) of the statutes, as affected by 2017 Wisconsin Act 185,
2section 35, is amended to read:
SB168,8,53 301.01 (1n) “Juvenile correctional services" means services provided for a
4juvenile who is under the supervision of the department of corrections under s.
5938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
SB168,18 6Section 18 . 301.027 of the statutes is amended to read:
SB168,8,9 7301.027 Treatment program at one or more juvenile correctional
8facilities.
The department shall maintain a cottage-based an intensive alcohol and
9other drug abuse program at one or more juvenile correctional facilities.
SB168,19 10Section 19 . 301.031 of the statutes is repealed.
SB168,20 11Section 20. 301.373 of the statutes is amended to read:
SB168,8,24 12301.373 Operating loss reimbursement program. The department shall
13reimburse a county that operates a secured residential care center for children and
14youth that holds only female juveniles in secure custody and that was established
15using funding from the grant program under 2017 Wisconsin Act 185, section 110 (4),
16for any annual net operating loss for the services and facilities offered to female
17juveniles
. A county seeking reimbursement under this section shall submit its
18request and supporting financial statements for the prior fiscal year to the
19department and the legislative audit bureau in a format prescribed by the
20department. The department shall reimburse the county for the amount of the net
21operating loss, as determined by the legislative audit bureau under s. 13.94 (1) (v),
22from the appropriation under s. 20.410 (3) (f). The department may pay for the cost
23of the audit by the legislative audit bureau under s. 13.94 (1) (v) from the
24appropriation under s. 20.410 (3) (f).
SB168,21
1Section 21. 938.02 (4) of the statutes, as affected by 2017 Wisconsin Act 185,
2section 50, is amended to read:
SB168,9,63 938.02 (4) “Department" means the department of children and families except
4that with respect to a juvenile who is under the supervision of the department of
5corrections under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4),
6“department" means the department of corrections.
SB168,22 7Section 22 . 938.02 (15g) of the statutes is amended to read:
SB168,9,118 938.02 (15g) “Secured residential care center for children and youth" means
9a facility operated by an Indian tribe or a county under ss. 46.20, 59.53 (8m), 301.26,
10301.27
301.36, 301.37, and 938.22 (1) (a) or by a child welfare agency that is licensed
11under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.
SB168,23 12Section 23 . 938.22 (1) (a) of the statutes is amended to read:
SB168,9,2513 938.22 (1) (a) The county board of supervisors of a county may establish a
14juvenile detention facility or secured residential care center for children and youth
15in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or
16more counties may jointly establish a juvenile detention facility or secured
17residential care center for children and youth in accordance with ss. 46.20, 59.53
18(8m), 301.36, and 301.37. An Indian tribe may establish a secured residential care
19center for children and youth in accordance with ss. 301.36 and 301.37 or may
20contract with a county board of supervisors to hold juveniles who are adjudicated
21delinquent by the tribal court in that county's secured residential care center for
22children and youth
. The county board of supervisors of a county may establish a
23shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards
24of supervisors for 2 or more counties may jointly establish a shelter care facility in
25accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a

1juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with
2one or more county boards of supervisors under s. 938.222 to hold juveniles in the
3private juvenile detention facility. Subject to ss. 48.66 (1) (b), 301.36, and 301.37, a
4child welfare agency may establish a secured residential care center for children and
5youth and contract with one or more county boards of supervisors or an Indian tribe
6to hold juveniles in the secured residential care center for children and youth.
SB168,24 7Section 24. 938.22 (2) (d) 2. of the statutes is amended to read:
SB168,10,178 938.22 (2) (d) 2. After January July 1, 2021, the number of juveniles that may
9be housed at a juvenile detention facility under subd. 1. is limited to the number that
10are housed at is equal to the average daily population of juveniles housed under subd.
111., rounded up to the nearest whole number, of
the juvenile detention facility on
12January 1
between July 1, 2018, and June 30, 2021, excluding any juveniles placed
13there under 2019 Wisconsin Act .... (this act), section 67 (1 ),
and the juvenile
14detention facility may not be altered or added to or repaired in excess of 50 percent
15of its assessed value. If a juvenile detention facility violates this subdivision, it is no
16longer authorized to accept juveniles for placement for more than 30 consecutive
17days.
SB168,25 18Section 25 . 938.33 (1) (c) of the statutes is amended to read:
SB168,10,2419 938.33 (1) (c) A description of the specific services or continuum of services that
20the agency is recommending the court to order for the juvenile or family, the persons
21or agencies that would be primarily responsible for providing those services, and the
22identity of the person or agency that would provide case management or coordination
23of services, if any, and whether or not the juvenile should receive a coordinated
24services plan of care.
SB168,26 25Section 26 . 938.33 (3r) of the statutes is amended to read:
SB168,11,10
1938.33 (3r) Serious juvenile offender report. If a juvenile has been
2adjudicated delinquent for committing a violation for which the juvenile may be
3placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
4shall be in writing and, in addition to the information specified in sub. (1) and in sub.
5(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
6placement in the serious juvenile offender program under s. 938.34 (4h) or in a
7juvenile correctional facility secured residential care center for children and youth
8under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the
9juvenile's home with supervision and community-based programming and a
10recommendation as to the type of placement for which the juvenile is best suited.
SB168,27 11Section 27 . 938.33 (6) of the statutes is created to read:
SB168,11,1512 938.33 (6) Retention. Reports submitted under this section shall be retained
13in the record of the pending action, which shall be made available to the agency that
14is designated to supervise the juvenile under a disposition under s. 938.34 or a
15change of placement order under s. 938.357.
SB168,28 16Section 28 . 938.34 (4m) (intro.) of the statutes is amended to read:
SB168,11,2117 938.34 (4m) Correctional placement. (intro.) Place the juvenile under the
18supervision of the department of corrections
in a juvenile correctional facility or
19under the supervision of the county department in a secured residential care center
20for children and youth under the supervision of identified by the county department
21or the department of corrections if all of the following apply:
SB168,29 22Section 29 . 938.34 (4m) (intro.) of the statutes, as affected by 2017 Wisconsin
23Act 185
, section 62, is repealed and recreated to read:
SB168,12,3
1938.34 (4m) Correctional placement. (intro.) Place the juvenile under the
2supervision of the county department in a secured residential care center for children
3and youth identified by the county department if all of the following apply:
SB168,30 4Section 30 . 938.34 (4n) (intro.) of the statutes is amended to read:
SB168,12,195 938.34 (4n) Community supervision or aftercare Aftercare supervision.
6(intro.) In the case of a juvenile who has received a correctional placement under sub.
7(4m), designate the county department one of the following to provide aftercare
8supervision for the juvenile following the juvenile's release from a secured
9residential care center for children and youth or Type 1 juvenile correctional facility.
10In the case of a juvenile who has been placed in a juvenile correctional facility or a
11secured residential care center for children and youth under the supervision of the
12department of corrections, designate the department of corrections to provide
13community supervision for the juvenile following the juvenile's release from that
14facility or center or, subject to any arrangement between the department of
15corrections and a county department regarding the provision of aftercare
16supervision for juveniles who have been released from a juvenile correctional facility
17or a secured residential care center for children and youth, designate one of the
18following to provide aftercare supervision for the juvenile following the juvenile's
19release from that facility or center
:
SB168,31 20Section 31 . 938.355 (2) (b) 1. of the statutes is amended to read:
SB168,12,2321 938.355 (2) (b) 1. The specific Specific services to be provided to the juvenile
22and the juvenile's family, and, if custody is to be transferred to effect the treatment
23plan, the identity of the legal custodian.
SB168,32 24Section 32 . 938.355 (2) (b) 2. of the statutes is amended to read:
SB168,13,10
1938.355 (2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3)
2or (4d)
, the name of the place or facility, including transitional placements, where the
3juvenile shall be cared for or treated, except that if the placement is a foster home
4and the name and address of the foster parent is not available at the time of the order,
5the name and address of the foster parent shall be furnished to the court and the
6parent within 21 days after the order. If, after a hearing on the issue with due notice
7to the parent or guardian, the court finds that disclosure of the identity of the foster
8parent would result in imminent danger to the juvenile or the foster parent, the court
9may order the name and address of the prospective foster parents withheld from the
10parent or guardian.
SB168,33 11Section 33 . 938.355 (2) (b) 2m. of the statutes is created to read:
SB168,13,1412 938.355 (2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
13(4m), the name of the county department that will provide supervision and
14determine placement for the juvenile.
SB168,34 15Section 34 . 938.355 (2) (b) 6m. of the statutes is amended to read:
SB168,13,2216 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement
17under s. 938.34 (3) or (4d) recommended by the agency designated under s. 938.33
18(1), a statement that the court approves the placement recommended by the agency
19or, if the juvenile is placed outside the home in a placement other than a placement
20recommended by that agency, a statement that the court has given bona fide
21consideration to the recommendations made by the agency and all parties relating
22to the juvenile's placement.
SB168,35 23Section 35 . 938.355 (2) (b) 6n. of the statutes is created to read:
SB168,14,224 938.355 (2) (b) 6n. If the juvenile is placed outside the home under s. 938.34
25(4m), a statement that the court has given bona fide consideration to the

1recommendations made by the agency and all parties relating to the juvenile's
2placement.
SB168,36 3Section 36 . 938.357 (3) (b) (intro.) and (c) of the statutes are amended to read:
SB168,14,84 938.357 (3) (b) (intro.) Notwithstanding s. 938.34 (4m) and subject to par. (c),
5the court may order placement in a Type 1 juvenile correctional facility under
6supervision of
operated by the department of corrections for a juvenile who was
7adjudicated delinquent under s. 938.34 (4m) if the court finds, after a hearing under
8this section, that any of the following apply:
SB168,14,189 (c) Upon Notwithstanding s. 938.34 (4m), upon the recommendation of the
10department of health services, the court may order the placement of a juvenile under
11par. (b)
who was adjudicated delinquent under s. 938.34 (4m) at the Mendota juvenile
12treatment center if par. (b) 1. a. to c. are met. The department of health services shall
13determine the date for the actual transfer of the juvenile to the Mendota juvenile
14treatment center, and no change of placement to the Mendota juvenile treatment
15center may be ordered without the prior agreement of the department of health
16services to admit the juvenile. No further hearing or court order is necessary for the
17department of health services to transfer the juvenile back to the supervision of the
18county department
.
SB168,37 19Section 37 . 938.357 (3) (e) and (f) of the statutes are created to read:
SB168,14,2520 938.357 (3) (e) A juvenile who is placed in a Type 1 juvenile correctional facility
21under par. (b) is under the supervision of the department of corrections. The change
22of placement order shall designate the department of corrections to provide
23community supervision or the county department to provide aftercare supervision
24for the juvenile following the juvenile's release from the Type 1 juvenile correctional
25facility.
SB168,15,3
1(f) A juvenile who is placed at the Mendota juvenile treatment center under par.
2(c) is under the supervision of the department of health services until the juvenile
3is released back to the supervision of the county department.
SB168,38 4Section 38 . 938.357 (4) (as) of the statutes is created to read:
SB168,15,125 938.357 (4) (as) When a juvenile is placed under the supervision of a county
6department, that department may place the juvenile in a secured residential care
7center for children and youth or on aftercare supervision, either immediately or after
8a period of placement in a secured residential care center for children and youth. The
9county department shall send written notice of any change in placement to the
10parent, guardian, legal custodian, if any, and the court. The county department shall
11be responsible for decisions regarding the release of a juvenile who is under its
12supervision.
SB168,39 13Section 39 . 938.357 (4g) (a) of the statutes is amended to read:
SB168,15,2314 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile
15is placed in a juvenile correctional facility or a secured residential care center for
16children and youth, or within 30 days after the date on which the department of
17corrections requests the community supervision or aftercare plan, whichever is
18earlier, the community supervision provider or the aftercare provider designated
19under s. 938.34 (4n) shall prepare a community supervision or aftercare plan for the
20juvenile. If the juvenile is to be placed on aftercare supervision, the county
21department designated as the aftercare provider shall submit the aftercare plan to
22the department of corrections within the applicable period specified in this
23paragraph, unless the department of corrections waives the period under par. (b).
SB168,40 24Section 40. 938.48 (3) of the statutes, as affected by 2017 Wisconsin Act 185,
25section 78, is amended to read:
SB168,16,6
1938.48 (3) Supervision and special treatment or care. Accept supervision
2over juveniles transferred to it by the court under s. 938.183, 938.34 (4h) or (4n), or
3938.357 (3) or (4), and provide special treatment or care to juveniles when directed
4by the court. Except as provided in s. 938.505 (2), a court may not direct the
5department to administer psychotropic medications to juveniles who receive special
6treatment or care under this subsection.
SB168,41 7Section 41 . 938.48 (4) of the statutes, as affected by 2017 Wisconsin Act 185,
8section 80, is amended to read:
SB168,16,229 938.48 (4) Care, training, and placement. Provide appropriate care and
10training for juveniles under its supervision under s. 938.183, 938.34 (4h) or (4n), or
11938.357 (3) or (4), including serving those juveniles in their own homes, placing them
12in licensed foster homes or licensed group homes under s. 48.63 or in independent
13living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed
14child welfare agencies, or replacing them in juvenile correctional facilities or secured
15residential care centers for children and youth in accordance with rules promulgated
16under ch. 227, except that the department may not purchase the educational
17component of private day treatment programs for a juvenile in its custody unless the
18department, the school board, as defined in s. 115.001 (7), and the state
19superintendent of public instruction all determine that an appropriate public
20education program is not available for the juvenile. Disputes between the
21department and the school district shall be resolved by the state superintendent of
22public instruction.
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