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EAW:amn&ahe
2019 - 2020 LEGISLATURE
April 18, 2019 - Introduced by Senators Wanggaard, L. Taylor, Darling, Feyen,
Johnson, Jacque and Tiffany, cosponsored by Representatives Schraa,
Goyke, Bowen, Billings, Born, Brooks, Considine, Crowley, Edming,
Emerson, Felzkowski, Hesselbein, James, Kitchens, Knodl, Krug, Kulp,
Milroy, Mursau, Myers, Novak, Ohnstad, Pope, Ramthun, Rohrkaste,
Sargent, Sinicki, Spiros, Steffen, Stubbs, Subeck, Tauchen, Vining and
Zimmerman. Referred to Committee on Judiciary and Public Safety.
SB168,2,6 1An Act to repeal 46.22 (1) (b) 5m. d., 46.22 (2g) (d) 4., 46.23 (5) (n) 3. and 301.031;
2to amend 13.94 (1) (v), 46.011 (1p), 46.21 (2) (j), 46.215 (3), 46.23 (5) (c) 3., 46.23
3(5m) (c), 48.023 (4), 48.527, 48.66 (1) (b), 49.11 (1c), 49.45 (25) (bj), 101.123 (1)
4(ac) 2., 301.01 (1n), 301.027, 301.373, 938.02 (4), 938.02 (15g), 938.22 (1) (a),
5938.22 (2) (d) 2., 938.33 (1) (c), 938.33 (3r), 938.34 (4m) (intro.), 938.34 (4n)
6(intro.), 938.355 (2) (b) 1., 938.355 (2) (b) 2., 938.355 (2) (b) 6m., 938.357 (3) (b)
7(intro.) and (c), 938.357 (4g) (a), 938.48 (3), 938.48 (4), 938.48 (4m) (b), 938.48
8(5), 938.48 (6), 938.48 (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533
9(2) (intro.), 938.54, 938.57 (4) and 938.78 (3); to repeal and recreate 938.34
10(4m) (intro.); to create 46.057 (1m), 938.33 (6), 938.355 (2) (b) 2m., 938.355 (2)
11(b) 6n., 938.357 (3) (e) and (f) and 938.357 (4) (as) of the statutes; and to affect
122017 Wisconsin Act 185, section 38, 2017 Wisconsin Act 185, section 70, 2017
13Wisconsin Act 185
, section 110 (1) (a), 2017 Wisconsin Act 185, section 110 (2)
14(a)
, 2017 Wisconsin Act 185, section 110 (3) (c), 2017 Wisconsin Act 185, section

1110 (4) (a) 1. c., 2017 Wisconsin Act 185, section 110 (4) (d), 2017 Wisconsin Act
2185
, section 110 (4) (e), 2017 Wisconsin Act 185, section 110 (4) (f), 2017
3Wisconsin Act 185
, section 110 (6) (e), 2017 Wisconsin Act 185, section 110 (7),
42017 Wisconsin Act 185, section 110 (7m) (b), 2017 Wisconsin Act 185, section
5111 (3) and 2017 Wisconsin Act 185, section 112 (1); relating to: facilities for
6holding juveniles in secure custody.
Analysis by the Legislative Reference Bureau
This bill does all of the following:
1. Makes certain changes to the grant program for the design and construction
of new secured residential care centers for children and youth (SRCCCYs) under
2017 Wisconsin Act 185.
2. Changes the closure date for the Lincoln Hills and Copper Lake Schools.
3. Modifies how juveniles who are transferred between an SRCCCY or a Type
1 juvenile correctional facility and the Mendota Juvenile Treatment Center (MJTC)
are supervised and released.
4. Changes the provisions for grandfathering current juvenile detention
programs and allows the temporary transfer of juveniles from Lincoln Hills and
Copper Lake Schools into certain juvenile detention centers without a
change-in-placement order.
5. Changes the requirements for the purchase of services between counties and
the Department of Corrections.
6. Makes other changes to clarify the intent of Act 185.
Changes to the juvenile corrections grant program
Act 185 created a grant program for counties to construct new SRCCCYs for the
purpose of holding in secure custody juveniles who are adjudicated delinquent and
given a correctional placement. Under Act 185, grant applications are due to the
juvenile corrections grant committee by March 31, 2019, and the committee is
responsible for submitting a plan to the Joint Committee on Finance for which
applications to fund no later than July 1, 2019. This bill provides a three-month
extension to the timeline for submitting grant applications to the grant committee
and for the grant committee to submit the plan for funding grant applications to JCF.
Under Act 185, a grant to construct a new SRCCCY covers 95 percent of the
county's cost for design and construction, except that the grant covers 100 percent
of the county's cost for design and construction for a girls-only facility. Act 185 also
provided that DOC will reimburse a girls-only facility any net operating loss, as
determined by the Legislative Audit Bureau. This bill changes the grant program
so that 100 percent of the portion of any facility that is designed and constructed to
hold female juveniles is paid for by the grant program, and that the net operating loss

reimbursement applies to any portion of a facility that houses female juveniles or any
portion of services provided to female juveniles at the facility.
Closure of Lincoln Hills and Copper Lake Schools
Act 185 also requires the current juvenile correctional facility owned and
operated by DOC (Lincoln Hills and Copper Lake Schools) to be closed no later than
January 1, 2021, or when all of the juveniles that are held there are transferred to
the new county-run SRCCCYs or a new state-run juvenile correctional facility, also
funded by and required to be established by DOC under Act 185. This bill extends
the timeline for closing Lincoln Hills and Copper Lake Schools and for constructing
the new SRCCCYs and new state-run juvenile correctional facility by six months,
to July 1, 2021.
Act 185 also provides a youth aids bonus of 15 percent of the county's annual
youth aids payment or $750,000, whichever is less, to any county that agrees to
operate a joint SRCCCY for two or more counties. This bill provides the youth aids
bonus to any county that operates an SRCCCY that serves juveniles from more than
one county.
Transfer and supervision of juveniles between facilities
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.
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