2019 Wisconsin Act 8

8,60 Section 60. 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:

[2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles under this subsection no later than January July 1, 2021.

8,61 Section 61. 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:

[2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or January July 1, 2021, the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

8,62 Section 62. 2017 Wisconsin Act 185, section 110 (3) (c) is amended to read:

[2017 Wisconsin Act 185] Section 110 (3) (c) Termination. The juvenile corrections grant committee terminates on the earlier of the date on which all projects funded with grants under subsection (4) are completed or January July 1, 2021.

8,63 Section 63. 2017 Wisconsin Act 185, section 110 (4) (a) 1. c. is amended to read:

[2017 Wisconsin Act 185] Section 110 (4) (a) 1. c. A grant to pay 100 percent of the costs of designing and constructing a secured residential care center for children and youth only for female juveniles or any portion thereof that is only intended primarily for the holding and treatment of female juveniles.

8,64 Section 64 . 2017 Wisconsin Act 185, section 110 (4) (d) is amended to read:

[2017 Wisconsin Act 185] Section 110 (4) (d) Deadline. Grant applications are due no later than March 31 June 30, 2019. Between that date and June 30 September 30, 2019, the juvenile corrections grant committee may work with applicants to modify their applications in order to increase the likelihood of being awarded a grant.

8,65 Section 65 . 2017 Wisconsin Act 185, section 110 (4) (e) is amended to read:

[2017 Wisconsin Act 185] Section 110 (4) (e) Wisconsin model of juvenile justice; statewide plan. The juvenile corrections grant committee shall develop a statewide plan that recommends which grant applications to approve, based on an overall view toward a Wisconsin model of juvenile justice. The committee shall consult with the departments of corrections and children and families on the statewide plan and may not recommend approval of an application unless the department of corrections approves the plans and specifications for the site and the design and construction of the proposed secured residential care center for children and youth under section 301.37 of the statutes.

8,66 Section 66 . 2017 Wisconsin Act 185, section 110 (4) (f) is amended to read:

[2017 Wisconsin Act 185] Section 110 (4) (f) Plan approval. No later than July October 1, 2019, the juvenile corrections grant committee shall submit the plan under paragraph (e) for approval to the joint committee on finance. The juvenile corrections grant committee and the department of corrections may not implement the plan until it is approved by the joint committee on finance, as submitted or as modified.

8,67 Section 67. 2017 Wisconsin Act 185, section 110 (6) (e) is amended to read:

[2017 Wisconsin Act 185] Section 110 (6) (e) Termination. The juvenile corrections study committee terminates on January July 1, 2021.

8,68 Section 68. 2017 Wisconsin Act 185, section 110 (7) is amended to read:

[2017 Wisconsin Act 185] Section 110 (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 January July 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.

8,69 Section 69. 2017 Wisconsin Act 185, section 110 (7m) (b) is amended to read:

[2017 Wisconsin Act 185] Section 110 (7m) (b) 1. Notwithstanding section 938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on January July 1, 2021, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is a secured residential care center for children and youth and juveniles may be placed there under section 938.34 (4m) of the statutes.

2. Notwithstanding subdivision 1., on January July 1, 2021, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is, with respect to a juvenile placed under section 938.34 (3) (f) of the statutes prior to January July 1, 2021, a juvenile detention facility.

8,70 Section 70. 2017 Wisconsin Act 185, section 111 (3) is amended to read:

[2017 Wisconsin Act 185] Section 111 (3) The treatment of section 938.34 (3) (f) 1. of the statutes, with respect to an eligible juvenile detention facility under Section 110 (7m), first applies to a juvenile adjudicated delinquent on January July 1, 2021.

8,71 Section 71. 2017 Wisconsin Act 185, section 112 (1) is amended to read:

[2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes effect on the date specified in the notice under Section 110 (2) (b) or January July 1, 2021, whichever is earlier.

8,72 Section 72 . Nonstatutory provisions.

(1) Temporary change in placement without a hearing.

(a) The department of corrections may, using the procedure set forth in s. 938.357 (4) (am), place a juvenile who is placed in the Type 1 juvenile correctional facility known as Lincoln Hills School or Copper Lake School on the effective date of this paragraph in a juvenile detention facility under s. 938.22 (2) (d) 1. If the department of corrections places a juvenile in a juvenile detention facility under this paragraph, the department of corrections shall contract with the operating entity for the care and services provided under s. 301.08.

(b) Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile detention facility under par. (a) for a period longer than 365 days, and shall be transferred out of the juvenile detention facility using the procedure and by the date required under 2017 Wisconsin Act 185, section 110 (1). The department of corrections shall transfer all juveniles placed in a juvenile detention facility under par. (a) out of the juvenile detention facility no later than July 1, 2021.

(2) Secured residential care centers for children and youth; variance for cost-saving measures. The department of corrections shall grant a variance from the rules promulgated under s. 301.37 requested by a county for a secured residential care center for children and youth if all of the following apply:

(a) The juvenile corrections grant committee determines that the variance is necessary to achieve a reasonable cost-saving measure that will not compromise the quality or type of evidence-based, trauma-informed care that is offered at the facility or determines that the variance is necessary to incorporate new practices of evidence-based, trauma-informed care at the facility.

(b) The juvenile corrections grant committee includes the variance in its recommendations for funding to the joint committee on finance under 2017 Wisconsin Act 185, Section 110 (4) (e).

(c) The proposed secured residential care center for children and youth, including the proposed variance, is part of the plan approved by the joint committee on finance and receives funding from the juvenile corrections grant program under 2017 Wisconsin Act 185, Section 110 (4).

(d) The proposed secured residential care center for children and youth meets the minimum requirements of the commercial building code adopted under subch. I of ch. 101.

(3) Construction of a Type 1 juvenile correctional facility; public and local participation.

(a) Before commencing construction of a juvenile correctional facility under s. 301.16 (1w), the department of corrections shall hold a public listening session in the city, village, or town where the facility is proposed to be located.

(b) Before commencing construction of a juvenile correctional facility under s. 301.16 (1w), the department of corrections shall meet with the governing body of the city, village, or town where the facility is proposed to be located to discuss potential impacts to the local community.

(c) Public notice shall be given as provided under s. 19.84 at least 168 hours prior to the commencement of a meeting under this subsection.

8,73 Section 73 . Initial applicability.

(1) The treatment of ss. 938.33 (3r), 938.34 (4m) (intro.) (by Section 32 ) and (4n) (intro.), and 938.357 (3) (b) (intro.), (c), and (e) and (4) (as), with respect to a county department's supervision of a juvenile, first applies to a juvenile adjudicated delinquent and placed under the supervision of the county under s. 938.34 (4m).

8,74 Section 74 . Effective dates. This act takes effect on the day after publication, except as follows:

(1) The treatment of ss. 46.011 (1p), 48.023 (4), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 938.02 (4), 938.34 (4m) (intro.) (by Section 33 ) and (4n) (intro.), 938.357 (4g) (a), 938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), and 938.54 takes effect on the date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b), or July 1, 2021, whichever is earlier.