Closure of Lincoln Hills and Copper Lakes schools
2017 Wisconsin Act 185 required DOC to close the current Type 1 juvenile
correctional facilities known as Lincoln Hills and Copper Lake schools no later than
January 1, 2021.
2019 Wisconsin Act 8 extended this date to July 1, 2021. The bill
removes the deadline for these facilities to be closed and provides instead that DOC
must close the facilities as soon as all the juveniles who are placed there are
transferred out to a substitute placement, which must happen as soon as a substitute
placement that meets the needs of each juvenile is ready.
2019 Wisconsin Act 8 provided that DOC may, within its discretion, transfer
juveniles out of Lincoln Hills or Copper Lake to a juvenile detention facility that is
approved to receive placements of juveniles for more than 30 days. Under Act 8, all
juveniles who are transferred to a juvenile detention facility using this procedure are
required to be transferred into a secured residential care center for children and
youth (SRCCCY) or a new Type 1 juvenile correctional facility no later than July 1,
2021. The bill specifies that juveniles who are transferred to a juvenile detention
facility using this procedure are required to be transferred into an SRCCCY or a new
Type 1 juvenile correctional facility as soon as a substitute placement that meets the
needs of each juvenile is ready.
Juvenile correctional facilities
Under current law, the juvenile court may place a juvenile in a Type 1 juvenile
correctional facility under the supervision of DOC or an SRCCCY under the
supervision of a county department of human or social services if the juvenile is
adjudged delinquent for an act that would be punishable by a sentence of six months
or more if committed by an adult or is found to be a danger to the public.
Under current law, upon the closure of the Lincoln Hills and Copper Lakes
Schools, each county must provide an SRCCCY to hold juveniles who are placed
under county supervision in secured custody. Under current law, an SRCCCY may
have less restrictive physical security barriers than a Type 1 juvenile correctional
facility and must provide trauma-informed, evidence-based programming and
services. Under current law, DOC must open one or more new Type 1 juvenile
correctional facilities to replace the Lincoln Hills and Copper Lakes Schools.
The bill removes the requirement for DOC to establish one or more Type 1
juvenile correctional facilities and instead authorizes DOC to establish and operate
an SRCCCY. The bill also eliminates the term “Type 1 juvenile correctional facility.”
Under current law, after the closure of the Lincoln Hills and Copper Lakes
Schools, a juvenile who is adjudged delinquent for an act that would be punishable
by a sentence of six months or more if committed by an adult and who is found to be
a danger to the public may be placed in an SRCCCY under the supervision of a county
department but not under the supervision of DOC. The bill allows such a juvenile
to be placed under the supervision of DOC in an SRCCCY run by DOC after the
closure of the Lincoln Hills and Copper Lakes Schools.
Type 2 status
Under current law, any secured or nonsecured facility that holds a juvenile with
a Type 2 status is referred to as a Type 2 juvenile correctional facility or a Type 2
residential care center for children and youth (collectively, Type 2 facility). A Type
2 facility is operated in a manner that is less restrictive than a Type 1 juvenile
correctional facility or an SRCCCY. Under current law, DOC may place a juvenile
under its supervision under Type 2 status, and the juvenile court may place a
juvenile under the supervision of a county department in a Type 2 residential care
center for children and youth. A juvenile subject to Type 2 status may be placed in
a Type 2 facility or under aftercare or community supervision. The juvenile is subject
to certain conditions for maintaining Type 2 status. If the juvenile violates the
conditions of Type 2 status, the juvenile may be moved to a Type 1 juvenile
correctional facility or an SRCCCY without a change in placement hearing.
The bill eliminates eliminates Type 2 status and Type 2 facilities from the
Juvenile Justice Code.
Placement of juveniles in a juvenile detention facility
The bill eliminates as an available disposition under the Juvenile Justice Code
the placement of a juvenile in a juvenile detention facility or juvenile portion of a
county jail for more than 30 days. Under current law, the juvenile court may place
a juvenile that has been adjudicated delinquent in a juvenile detention facility or
juvenile portion of a county jail for up to 30 days or, if the facility is eligible, up to 365
days. A juvenile detention facility is eligible to accept a juvenile for more than 30
days if 1) prior to January 1, 2018, the county board of supervisors of the county
operating the facility has adopted a resolution authorizing such a placement and 2)
the county has not been awarded a grant under the juvenile corrections grant
program, which provides funding for the establishment of an SRCCCY.
Status violations
Under current law, a juvenile adjudged delinquent or to have committed a civil
law or municipal ordinance violation, including a habitual truancy violation, who
violates a condition of his or her dispositional order is subject to various sanctions,
including placement in a juvenile detention facility or a place of nonsecure custody
for not more than 10 days. Also under current law, a juvenile adjudged delinquent
who violates a condition of his or her delinquency order or aftercare supervision may,
without a hearing, be placed in a juvenile detention facility or a place of nonsecure
custody for not more than 72 hours (short-term detention) during an investigation
of the violation and potential sanctions or as a consequence of that violation. The bill
eliminates placement in a juvenile detention facility as a sanction or for short-term
detention unless the juvenile court finds that the juvenile poses a threat to public
safety and the underlying offense for which the juvenile court order was imposed is
not a status offense. The bill defines a status offense as an offense committed by a
juvenile that would not be an offense if committed by an adult (for example, truancy).
Community supervision and aftercare supervision
Under current law, when a juvenile who is placed under the supervision of DOC
under the Juvenile Justice Code is released from a juvenile correctional facility, DOC
provides community supervision for the juvenile until DOC discharges the juvenile
from supervision. When a juvenile who is placed under the supervision of a county
department is released from a juvenile correctional facility or an SRCCCY, the
county department provides aftercare supervision for the juvenile until the county
department discharges the juvenile from supervision. The bill eliminates
community supervision for a juvenile and requires a county department to provide
aftercare supervision for any juvenile who is released from a juvenile correctional
facility or an SRCCCY.
Use of restraints on a child
The bill generally prohibits the use of restraints on anyone under the age of 18
when appearing before the juvenile court or criminal court. The bill provides that,
upon a request of the district attorney, corporation counsel, or other appropriate
county official, a court may order the use of restraints on a child if, after a hearing,
it issues written findings of fact showing that the use of restraints is necessary under
certain conditions. The bill also requires that any restraints used on a child must
allow limited movement of the hands and prohibits the use of fixed restraints that
are attached to a wall, floor, or furniture.
Daily rates for juvenile correctional services
Current law establishes at $615 the per person daily rate paid by counties to
DOC for services provided to juveniles in a Type 1 juvenile correctional facility (daily
rate). The bill eliminates the daily rate set in statute and requires DOC to specify
the daily rate. Under current law and the bill, these payments are credited to a DOC
appropriation for juvenile correctional services. Under current law, if there is a
deficit in that appropriation account at the close of the fiscal biennium, the governor
must increase the daily rate by $6 in the executive budget bill for each fiscal
biennium until the deficit is eliminated. Under the bill, in the case of such a deficit,
the secretary of corrections may increase the daily rate and the daily cost assessment
for counties for care in a foster home, group home, or residential care center for
children and youth and for community supervision services by $6 until the deficit is
eliminated.
Payments to DHS for services at Mendota Juvenile Treatment Center
Under current law, DOC must transfer certain amounts to DHS for services for
juveniles placed at the Mendota Juvenile Treatment Center (MJTC). The bill
replaces those specific amounts with a requirement that DOC reimburse DHS for the
cost of providing those services at a per person daily rate specified by DHS. The bill
maintains a requirement that DHS charge DOC not more than the actual cost of
providing those services. The bill also authorizes DOC to charge counties the same
daily rate for care in a Type 1 juvenile correctional facility as DHS charges DOC for
MJTC services.
Juvenile correctional services deficit relief
The bill creates an appropriation from the general fund to DOC for juvenile
correctional services if the amount in the juvenile correctional services appropriation
under current law is insufficient. The current law juvenile correctional services
appropriation is funded by various program receipts.
Courts and procedure
Public defender
Public defender private attorney rate increases for inflation
Under current law, for any case assigned on or after January 1, 2020, the rate
at which the public defender must pay a private local attorney to whom a case is
assigned is $70 per hour for time spent related to the case, excluding travel, and $25
per hour for time spent in travel related to the case.
The bill provides that the rate at which the public defender must pay a private
local attorney to whom a case is assigned on or after January 1, 2020, must be
adjusted biennially by a percentage that correlates with the federal Department of
Labor's consumer price index. Under the bill, the first of these adjustments will be
made on July 1, 2023.
Circuit courts
Statutory addition of circuit court branches designated to begin operation
in 2021
The bill adds four new circuit court branches to the statutory list of judicial
circuit branches, as authorized by the Director of State Courts and designated to
begin operation in 2021.
Current law contains a list that sets forth the number of branches each judicial
circuit has.
2019 Wisconsin Act 184 authorized the Director of State Courts to add
four circuit court branches, by November 14, 2020, to begin operation on August 1,
2021. Act 184 further authorized the Director of State Courts to allocate one of the
newly authorized branches to any county the Director of State Courts determined to
be in need of an additional circuit court branch, but only if the county passed a
resolution requesting an additional circuit court branch and established, or will have
established by May 31, 2021, the appropriate infrastructure to support an additional
circuit court branch. Act 184 also authorized the Director of State Courts to require
any county, as a condition for receiving a circuit court branch allocation, to have
established or to apply for a grant to establish a drug court. In March 2020, the
Director of State Courts allocated new circuit court branches to Calumet, Dunn,
Jackson, and Marathon Counties. The bill updates the list of circuit court branches
to reflect the additional four circuit court branches allocated by the Director of State
Courts and authorized to begin operation on August 1, 2021.
District attorneys
Increase in deputy district attorney allocation
The bill increases the number of deputy district attorneys that may be
appointed in a prosecutorial unit with a population of more than 200,000 but less
than 750,000 from three deputy district attorneys to four deputy district attorneys.
General courts and procedure
Extreme risk protection injunctions
Under current law, a person is prohibited from possessing a firearm and must
surrender all firearms if the person is subject to a domestic abuse injunction, a child
abuse injunction, or, in certain cases, a harassment or an individuals-at-risk
injunction. If a person surrenders a firearm because he or she is subject to one of
those injunctions, the firearm may not be returned until a court determines that the
injunction has been vacated or has expired and that the person is not otherwise
prohibited from possessing a firearm. A person who possesses a firearm in violation
of the injunction is guilty of a Class G felony.
The bill creates an extreme risk protection temporary restraining order and an
extreme risk protection injunction. Such an order or injunction prohibits a person
from possessing a firearm because he or she is a danger to himself or herself or
another. Under the bill, only a law enforcement officer or a family or household
member of the person may file a petition for an extreme risk protection injunction.
If a court receives such a petition, the court must schedule an injunction hearing.
The court also must issue a temporary restraining order prohibiting the person from
possessing a firearm and ordering the person to surrender all firearms if the court
finds reasonable grounds that the person is substantially likely to injure himself or
herself or another person if he or she possesses a firearm. If a temporary restraining
order is issued, it remains in effect until the injunction hearing. At the injunction
hearing, the court may grant an extreme risk protection injunction ordering the
person to refrain from possessing a firearm and to surrender all firearms if the court
finds by clear and convincing evidence that the person is substantially likely to injure
himself or herself or another person if the person possesses a firearm. Under the bill,
an extreme risk protection injunction is effective for up to one year and may be
renewed. A person who is subject to an extreme risk protection injunction may
petition to vacate the injunction. A person who possesses a firearm in violation of
an extreme risk protection temporary restraining order or injunction is guilty of a
Class G felony.
Under the bill, a person who files a petition for an extreme risk protection
injunction, knowing the information in the petition to be false, is guilty of the crime
of false swearing, a Class H felony.
Qui tam actions for false claims
The bill restores a private individual's authority to bring a qui tam claim
against a person who makes a false or fraudulent claim for medical assistance, which
was eliminated in
2015 Wisconsin Act 55, and further expands qui tam actions to
include any false or fraudulent claims to a state agency. A qui tam claim is a claim
initiated by a private individual on his or her own behalf and on behalf of the state
against a person who makes a false claim relating to medical assistance or other
moneys from a state agency. The bill provides that, of moneys recovered as a result
of a qui tam claim, a private individual may be awarded up to 30 percent of the
amount recovered, depending upon the extent of the individual's contribution to the
prosecution of the action. The individual may also be entitled to reasonable expenses
incurred in bringing the action, as well as attorney fees. The bill also includes
additional changes not included in the prior law to incorporate provisions enacted
in the federal Deficit Reduction Act of 2005 and conform state law to the federal False
Claims Act, including expanding provisions to facilitate qui tam actions and
modifying the bases for liability to parallel the liability provisions under the federal
False Claims Act. DOJ also has independent authority to bring a claim against a
person for making a false claim for medical assistance. The bill modifies provisions
relating to DOJ's authority to parallel the liability and penalty standards relating
to qui tam claims and to parallel the forfeiture amounts provided under the federal
False Claims Act.
crimes
Expungement of criminal records
Under current law, a court may order a person's criminal record expunged of a
crime if all of the following apply: 1) the maximum term of imprisonment for the
crime is not more than six years, which is a Class H felony and below; 2) the person
committed the crime before the age of 25; 3) the person had not been previously
convicted of a felony; and 4) the crime was not a violent felony. Current law specifies
that the expungement order must be made only at sentencing and then the record
is expunged when the person completes his or her sentence. If the court does not
order expungement at sentencing, the record may not be expunged.
The bill removes the condition that the person committed the crime before the
age of 25 (the bill retains the other requirements that the crime be no greater than
a Class H felony, the person had no previous felony convictions, and the crime was
not a violent felony) and makes certain traffic crimes ineligible for expungement.
The bill also provides that, if the sentencing court did not order the record expunged,
the person may file a petition with the sentencing court after he or she completes his
or her sentence. Upon receipt of the petition, the court must review the petition and
then may order the record expunged or may deny the petition. If the court denies the
petition, the person may not file another petition for two years, and no person may
file more than two petitions per crime. The changes described in this paragraph
retroactively apply to persons who were convicted of a crime before the bill takes
effect.
The bill also allows the sentencing court to order that a person's record not be
eligible for expungement.
The bill provides that, if a record is expunged of a crime, that crime is not
considered a conviction for employment purposes and specifies that employment
discrimination because of a conviction record includes requesting a person to supply
information regarding a crime if the record has been expunged of the crime.
Drug paraphernalia
Under current law, it is a crime to use, possess, manufacture, or deliver drug
paraphernalia. Drug paraphernalia is anything that is used in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, or introducing into the human body a
controlled substance. Drug paraphernalia excludes hypodermic syringes, needles
and other objects used in parenterally injecting substances into the human body, and
any items that are designed for use with tobacco products. Under the bill, drug
paraphernalia also excludes any materials used to test for the presence of fentanyl
in a substance.
Maximum penalty for a Class D felony
The bill reduces the maximum sentence for a Class D felony. Under current law,
the sentencing court has discretion in setting the length of confinement and the
length of extended supervision, but both the total length of the sentence and the
length of extended supervision are capped on the basis of the classification of the
crime committed, and generally the length of confinement may not be more than 75
percent of the total sentence. The bill reduces the length of the total possible
sentence for a Class D felony from 25 years to 20 years and the length of possible
extended supervision from 10 years to 5 years.
Penalty for bail jumping
Under current law, bail jumping means failure to comply with the terms of a
bond after being released from custody in a pending criminal matter. Bail jumping
for a defendant who has been released on bond after being charged with a crime is
a Class A misdemeanor if the offense with which the defendant is charged is a
misdemeanor and a Class H felony if the offense with which the defendant is charged
is a felony, and bail jumping for a witness for whom bail has been required is a Class
I felony. Under the bill, any bail jumping violation is a Class A misdemeanor,
regardless of the underlying offense or whether the individual is a defendant or
witness.
Alternatives to prosecution for disorderly conduct
The bill creates a requirement that a prosecutor offer to certain disorderly
conduct defendants a deferred prosecution agreement or an agreement in which the
defendant stipulates to his or her guilt of a noncriminal ordinance violation. Under
the bill, a prosecutor must offer such options to a person who has committed a
disorderly conduct violation if it is the person's first disorderly conduct violation, the
person has not committed a similar violation previously, and the person has not
committed a felony in the previous three years. Under the bill, if the person is offered
a deferred prosecution agreement, he or she must be required to pay restitution, if
applicable.
Immunity for certain controlled substances offenses
Current law grants immunity from prosecution for possessing a controlled
substance to a person, called an aider, who summons or provides emergency medical
assistance to another person because the aider believes the other person is suffering
from an overdose or other adverse reaction to a controlled substance. Under
2017
Wisconsin Act 33, an aider was also immune from having probation, parole, or
extended supervision revoked for possessing a controlled substance under the same
circumstances. Act 33 also granted the aided person immunity from having
probation, parole, or extended supervision revoked for possessing a controlled
substance when an aider seeks assistance for the aided person. The immunity
applied only if the aided person completes a treatment program as part of his or her
probation, parole, or extended supervision. Act 33 also provided that a prosecutor
must offer an aided person who is subject to prosecution for possessing a controlled
substance a deferred prosecution agreement if the aided person completes a
treatment program.
The expanded immunities under
2017 Wisconsin Act 33 were temporary, and
expired on August 1, 2020. The bill permanently restores these expanded
immunities from
2017 Wisconsin Act 33.
education
Primary and secondary education: general school aids and revenue limits
Two-thirds funding for school districts; appropriation for general school
aid
Currently, the amount appropriated each fiscal year for general school aid is a
sum set by law. Beginning in the 2021-22 school year, the bill directs DPI, DOA, and
the Legislative Fiscal Bureau annually to jointly certify to JCF an estimate of the
amount necessary to appropriate in the following school year to ensure that general
school aids equal two-thirds of partial school revenues (in general, the sum of state
school aids and school property taxes). Under the bill, JCF determines the amount
appropriated as general school aids in each odd-numbered fiscal year and the
amount is set by law in each even-numbered fiscal year.
School district revenue limits; per pupil increase
Current law generally limits the total amount of revenue per pupil that a school
district may receive from general school aids and property taxes in a school year to
the amount of revenue allowed per pupil in the previous school year plus a per pupil
adjustment, if any, as provided by law. In the 2020-21 school year, the per pupil
adjustment was a $179 increase. Under current law, there is no per pupil adjustment
in the 2021-22 school year and thereafter.
For purposes of calculating school district revenue limits, the bill provides a per
pupil increase of $200 for the 2021-22 school year and $204 for the 2022-23 school
year. Under the bill, in the 2023-24 school year and thereafter, the per pupil
adjustment is the per pupil increase for the previous school year as adjusted for any
increase in the consumer price index.
School district revenue limits; number of pupils enrolled in the 2020-21
school year
One factor used to calculate a school district's revenue limit is a three-year
rolling average of the school district's pupil enrollment. For example, both the
average of a school district's 2018-19, 2019-20, and 2020-21 pupil enrollments and
the average of the school district's 2019-20, 2020-21, and 2021-22 pupil enrollments
will be used to calculate the school district's 2021-22 school year revenue limit. In
each applicable school year, a school district's pupil enrollment is based on a pupil
count that occurs on the third Friday in September and 40 percent of the school
district's summer school enrollment.
Under the bill, for purposes of determining a school district's revenue limit in
the 2021-22, 2022-23, and 2023-24 school years, a school district's pupil enrollment
for the 2020-21 school year is the sum of the pupil count that occurred on the third
Friday of the 2019-20 school year or the 2020-21 school year, whichever is greater
and 40 percent of the school district's summer enrollment in the 2019-20 school year
or 2020-21 school year, whichever is greater.
Low revenue ceiling; per pupil amount
Current law provides a minimum per pupil revenue limit for school districts,
known as the revenue ceiling. Under current law, the per pupil revenue ceiling is
$10,000 in the 2020-21 school year and each school year thereafter. The bill
increases the per pupil revenue ceiling to $10,250 for the 2021-22 school year and
to $10,500 for the 2022-23 school year and each school year thereafter.
Low revenue ceiling; restrictions
Current law provides that during the three school years following a school year
in which an operating referendum fails in a school district, the school district's
revenue ceiling is the revenue ceiling that applied in the school year during which
the referendum was held. The bill eliminates the provision under which a school
district's revenue ceiling is the revenue ceiling from a previous school year because
an operating referendum failed in the school district.
Special adjustment aid; 2021-22 and 2022-23 school years
Under current law, a school district is guaranteed an amount of general
equalization aid equal to at least 85 percent of the amount it received in the previous
school year. Under the bill, in the 2021-22 and 2022-23 school years, a school district
is guaranteed an amount of general equalization aid that is equal to at least 90
percent of the amount the school district received in the 2020-21 school year. The
guaranteed percentage returns to 85 percent in the 2023-24 school year.
Counting pupils enrolled in four-year-old kindergarten
The bill changes how a pupil enrolled in a four-year-old kindergarten is
counted by a school district for purposes of state aid and revenue limits. Under
current law, a pupil enrolled in a four-year-old kindergarten program is counted as
0.5 pupil unless the program provides at least 87.5 additional hours of outreach
activities, in which case the pupil is counted as 0.6 pupil. Under the bill, if the
four-year-old kindergarten program requires full-day attendance by pupils for five
days a week, a pupil enrolled in the program is counted as one pupil.
Eliminate delay of general aid payment
Under current law, DPI generally distributes state aid to school districts
quarterly according to the following schedule: 1) 15 percent of a school district's total
aid entitlement on the third Monday of September; 2) 25 percent on the first Monday
of December; 3) 25 percent on the fourth Monday of March; and 4) 35 percent on the
third Monday of June. However, under current law, the state delays paying
$75,000,000 of all state aid for a school year until the fourth Monday of July after the
end of the school year and reduces the amounts of all quarterly payments
proportionally to reflect the delayed payment amount. The bill eliminates the
delayed payment so that all state aid is paid on the regular quarterly schedule.
Primary and secondary education: categorical aids
Funding for special education and school age parents programs
The bill changes the rate at which the state reimburses school boards, operators
of independent charter schools, cooperative educational service agencies (CESA),
and county children with disabilities education boards for costs incurred to provide
special education and related services to children with disabilities and for school age
parents programs (eligible costs). Under current law, the full cost of special
education for children in hospitals and convalescent homes for orthopedically
disabled children is reimbursed. After those costs are paid, the remaining eligible
costs are reimbursed from the amount remaining in the appropriation account at a
rate that distributes the full amount appropriated. DPI estimates that, in the
2020-21 school year, the reimbursement rate is about 28 percent.
The bill changes the appropriation to a sum sufficient and provides that, after
full payment of hospital and convalescent home costs, the remaining eligible costs
are reimbursed at the following rates:
1. In the 2021-22 school year, 45 percent of eligible costs.
2. In the 2022-23 school year and in each school year thereafter, 50 percent of
eligible costs.
Currently, DPI provides 1) special education aid to school districts, independent
charter schools, CESAs, and CCDEBs; 2) aid to school districts, CESAs, and
CCDEBs for providing physical or mental health treatment services to private school
and tribal school pupils; and 3) aid for school age parent programs to school districts
only.
Per pupil aid
