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AB68-SSA1,1230,1715 301.01 (1n) “Juvenile correctional services" means services provided for a
16juvenile who is under the supervision of the department of corrections under s.
17938.183, 938.34 (4m), or (7g), or 938.357 (3) or (4).
AB68-SSA1,2722 18Section 2722 . 301.01 (1s) of the statutes is created to read:
AB68-SSA1,1230,2019 301.01 (1s) “Mendota juvenile treatment center” means the center established
20and operated by the department of health services under s. 46.057.
AB68-SSA1,2723 21Section 2723. 301.025 of the statutes is amended to read:
AB68-SSA1,1231,2 22301.025 Division of juvenile corrections. The division of juvenile
23corrections shall exercise the powers and perform the duties of the department that
24relate to juvenile correctional services and institutions, juvenile offender review,

1community supervision under s. 938.533, 2019 stats., and the serious juvenile
2offender program under s. 938.538.
AB68-SSA1,2724 3Section 2724 . 301.03 (6s) of the statutes is created to read:
AB68-SSA1,1231,64 301.03 (6s) No later than June 15 each year, submit the following reports to
5the governor, the chief clerk of each house of the legislature for distribution to the
6appropriate standing committees under s. 13.172 (3), and the director of state courts:
AB68-SSA1,1231,147 (a) A report on revocation of probation, parole, and extended supervision. The
8report shall include the rate of recidivism, as defined in s. 302.05 (4) (a), among
9probationers, parolees, and persons on extended supervision by region and
10demographics, including the level of the recidivism event, the number of and reason
11for revocations of probation, parole, and extended supervision by region and
12demographics, the number and lengths of short-term sanctions imposed under s.
13302.115, and an accounting of the cost savings for the preceding 12-month period
14that resulted from the use of short-term sanctions in lieu of revocations.
AB68-SSA1,1231,2215 (b) A report on the earned compliance credit provided under s. 973.156 and
16early discharge from extended supervision under s. 973.01 (5m) in the 12 months
17preceding the report. The report shall include the demographics of individuals who
18received the earned compliance credit or were discharged early by region and
19demographics and the rate of recidivism, as defined in s. 302.05 (4) (a), among those
20individuals, and an accounting of the cost savings from reduced days of incarceration
21or reduced days of parole or extended supervision that resulted from the earned
22compliance credit under s. 973.156 or early discharge under s. 973.01 (5m).
AB68-SSA1,2725 23Section 2725. 301.03 (10) (d) of the statutes is amended to read:
AB68-SSA1,1232,724 301.03 (10) (d) Administer the office of juvenile offender review in the division
25of juvenile corrections in the department. The office shall be responsible for decisions

1regarding case planning and the release of juvenile offenders who are under the
2supervision of the department from juvenile correctional facilities or secured
3residential care centers for children and youth to aftercare or community supervision
4placements and for the release of individuals subject to an extended juvenile
5disposition imposed under ss. 938.34 (4p) and 938.369. The department shall
6promulgate rules establishing the process and release criteria for individuals subject
7to an extended juvenile disposition
.
AB68-SSA1,2726 8Section 2726. 301.03 (12m) of the statutes is created to read:
AB68-SSA1,1232,109 301.03 (12m) Cooperate and coordinate its activities with the University of
10Wisconsin System to provide a baccalaureate degree program for prisoners.
AB68-SSA1,2727 11Section 2727 . 301.035 (2) of the statutes is amended to read:
AB68-SSA1,1232,1412 301.035 (2) Assign hearing examiners from the division to preside over
13hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115, 938.357 (5), 973.10
14and 975.10 (2) and ch. 304.
AB68-SSA1,2728 15Section 2728. 301.08 (1) (b) 3. of the statutes is amended to read:
AB68-SSA1,1233,216 301.08 (1) (b) 3. Contract with public, private, or voluntary agencies for the
17supervision, maintenance, and operation of juvenile correctional facilities,
18residential care centers for children and youth, as defined in s. 938.02 (15d), and
19secured residential care centers for children and youth for the placement of juveniles
20who have been convicted under s. 938.183 or adjudicated delinquent under s.
21938.183, or 938.34 (4d), (4h), or (4m), or s. 938.34 (4d) or (4h), 2019 stats. The
22department may designate a juvenile correctional facility or a residential care center
23for children and youth contracted for under this subdivision as a Type 2 juvenile
24correctional facility, as defined in s. 938.02 (20), 2019 stats., and may designate a
25residential care center for children and youth contracted for under this subdivision

1as a Type 2 residential care center for children and youth, as defined in s. 938.02
2(19r), 2019 stats.
AB68-SSA1,2729 3Section 2729 . 301.12 (2) of the statutes is amended to read:
AB68-SSA1,1233,254 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
5including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m),
6or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies
7provided by any institution in this state operated or contracted for by the
8department, in which the state is chargeable with all or part of the person's care,
9maintenance, services, and supplies, and the person's property and estate, including
10the homestead, and the spouse of the person, and the spouse's property and estate,
11including the homestead, and, in the case of a minor child, the parents of the person,
12and their property and estates, including their homestead, and, in the case of a
13foreign child described in s. 48.839 (1) who became dependent on public funds for his
14or her primary support before an order granting his or her adoption, the resident of
15this state appointed guardian of the child by a foreign court who brought the child
16into this state for the purpose of adoption, and his or her property and estate,
17including his or her homestead, shall be liable for the cost of the care, maintenance,
18services, and supplies in accordance with the fee schedule established by the
19department under s. 301.03 (18). If a spouse, widow surviving spouse, or minor, or
20an incapacitated person, may be lawfully dependent upon the property for his or her
21support, the court shall release all or such part of the property and estate from the
22charges that may be necessary to provide for that person. The department shall
23make every reasonable effort to notify the liable persons as soon as possible after the
24beginning of the maintenance, but the notice or the receipt of the notice is not a
25condition of liability.
AB68-SSA1,2730
1Section 2730. 301.12 (2m) of the statutes is amended to read:
AB68-SSA1,1234,42 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
3older
adults receiving care, maintenance, services, and supplies provided by prisons
4named in s. 302.01.
AB68-SSA1,2731 5Section 2731 . 301.12 (14) (a) of the statutes is amended to read:
AB68-SSA1,1234,166 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
7specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
8years of age
minors in residential, nonmedical facilities such as group homes, foster
9homes, residential care centers for children and youth, and juvenile correctional
10institutions is determined in accordance with the cost-based fee established under
11s. 301.03 (18). The department shall bill the liable person up to any amount of
12liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
13benefits, subject to rules that include formulas governing ability to pay promulgated
14by the department under s. 301.03 (18). Any liability of the resident not payable by
15any other person terminates when the resident reaches age 17 becomes an adult,
16unless the liable person has prevented payment by any act or omission.
AB68-SSA1,2732 17Section 2732. 301.16 (1w) of the statutes is amended to read:
AB68-SSA1,1234,2018 301.16 (1w) The department shall may establish one or more Type 1 juvenile
19correctional facilities
secured residential care centers for children and youth, as
20enumerated in 2017 Wisconsin Act 185, section 110 (10) (a).
AB68-SSA1,2733 21Section 2733. 301.16 (1x) of the statutes is amended to read:
AB68-SSA1,1235,422 301.16 (1x) Inmates from the Wisconsin state prisons may be transferred to the
23institutions under this section, except that inmates may not be transferred to a Type
241 juvenile correctional facility
secured residential care center for children and youth
25established under sub. (1w) unless required under s. 973.013 (3m). Inmates

1transferred under this subsection shall be subject to all laws pertaining to inmates
2of other penal institutions of this state. Officers and employees of the institutions
3shall be subject to the same laws as pertain to other penal institutions. Inmates shall
4not be received on direct commitment from the courts.
AB68-SSA1,2734 5Section 2734. 301.18 (1) (fm) of the statutes is amended to read:
AB68-SSA1,1235,86 301.18 (1) (fm) Provide the facilities necessary for each Type 1 juvenile
7correctional facility
secured residential care center for children and youth
8established under s. 301.16 (1w).
AB68-SSA1,2735 9Section 2735 . 301.20 of the statutes is amended to read:
AB68-SSA1,1235,21 10301.20 Training school for delinquent boys. The department, with the
11approval of the governor, may purchase or accept a gift of land for a suitable site for
12an additional training school for delinquent boys and erect and equip such buildings
13as it considers necessary at such time as funds may be allocated for that purpose by
14the building commission. The training school or other additional facilities for
15delinquent boys financed by the authorized 1965-67 building program shall be
16located north of a line between La Crosse and Manitowoc. The department shall
17operate and maintain the institution for the treatment of delinquent boys who are
18placed under the supervision of the department under s. 938.34 (4h) or (4m). All laws
19pertaining to the care of juveniles received under s. 938.34 shall apply. Officers and
20employees of the institution are subject to the same laws as apply to other facilities
21described in s. 938.52.
AB68-SSA1,2736 22Section 2736. 301.26 (4) (b) of the statutes is amended to read:
AB68-SSA1,1236,1123 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on
24the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4.
25Except as provided in pars. (bm), (c), and (cm), liability shall apply to county

1departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising
2jurisdiction under ch. 938 for each person receiving services from the department of
3corrections under s. 938.183 or 938.34 or the department of health services under s.
446.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty
5court jurisdictions, the county of residency within the jurisdiction shall be liable for
6costs under this subsection. Assessment of costs under par. (a) shall also be made
7according to the general placement type or level of care provided, as defined by the
8department, and prorated according to the ratio of the amount designated under s.
948.526 (3) (c) to the total applicable estimated costs of care, services, and supplies
10provided by the department of corrections under ss. 938.183 and 938.34 and the
11department of health services under s. 46.057 or 51.35 (3).
AB68-SSA1,2737 12Section 2737. 301.26 (4) (cm) 1. of the statutes is amended to read:
AB68-SSA1,1237,213 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
14shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
15appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
16juvenile correctional facilities, secured residential care centers for children and
17youth, alternate care providers, and community supervision providers for costs
18incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over
19who has been placed in a juvenile correctional facility based on a delinquent act that
20is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36,
211999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31,
22941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1),
23or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an
24attempted violation of s. 943.32 (2) and for the care of any juvenile 10 12 years of age
25or over who has been placed in a juvenile correctional facility or secured residential

1care center for children and youth for attempting or committing a violation of s.
2940.01 or for committing a violation of s. 940.02 or 940.05.
AB68-SSA1,2738 3Section 2738. 301.26 (4) (cm) 3. of the statutes is amended to read:
AB68-SSA1,1237,64 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile
5correctional services under this paragraph shall be equal to the per person daily cost
6assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.
AB68-SSA1,2739 7Section 2739. 301.26 (4) (cx) of the statutes is amended to read:
AB68-SSA1,1237,158 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903,
9there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close
10of a fiscal biennium, the governor shall secretary may, to address that deficit,
11increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type
121 juvenile correctional facility and for care for juveniles transferred from a
13correctional institution
by $6, in addition to any increase due to actual costs, in the
14executive budget bill for each fiscal biennium,
until the deficit under s. 20.410 (3)
15(hm) is eliminated.
AB68-SSA1,2740 16Section 2740 . 301.26 (4) (d) 2. of the statutes is amended to read:
AB68-SSA1,1237,2417 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, The
18department shall specify
the per person daily cost assessment to counties shall be
19$532
for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and
20$532 for care for juveniles transferred from a juvenile correctional institution facility
21under s. 51.35 (3). The department may specify the per person daily cost assessment
22to counties at the same rate at which the department reimburses the department of
23health services for the per person daily cost of providing services for juveniles placed
24at the Mendota juvenile treatment center under s. 46.057 (2).
AB68-SSA1,2741
1Section 2741 . 301.26 (4) (d) 2. of the statutes, as affected by 2021 Wisconsin
2Act .... (this act), is amended to read:
AB68-SSA1,1238,93 301.26 (4) (d) 2. The department shall specify the per person daily cost
4assessment to counties for care in a Type 1 juvenile correctional facility, as defined
5in s. 938.02 (19),
and for care for juveniles transferred from a juvenile correctional
6facility under s. 51.35 (3). The department may specify the per person daily cost
7assessment to counties at the same rate at which the department reimburses the
8department of health services for the per person daily cost of providing services for
9juveniles placed at the Mendota juvenile treatment center under s. 46.057 (2).
AB68-SSA1,2742 10Section 2742. 301.26 (4) (d) 3. of the statutes is repealed.
AB68-SSA1,2743 11Section 2743. 301.26 (4) (d) 5. of the statutes is amended to read:
AB68-SSA1,1239,412 301.26 (4) (d) 5. The per person daily cost assessment to counties for
13community supervision services under s. 938.533, 2019 stats., shall be an amount
14determined by the department based on the cost of providing those services. In
15determining that assessment, the department may establish multiple rates for
16varying types and levels of service. The department shall calculate the amounts of
17that assessment and, if applicable, those rates prior to the beginning of each fiscal
18year and the secretary shall submit that proposed assessment and, if applicable,
19those proposed rates to the cochairpersons of the joint committee on finance for
20review of the committee. If the cochairpersons of the committee do not notify the
21secretary that the committee has scheduled a meeting for the purpose of reviewing
22that proposed assessment and, if applicable, those proposed rates within 14 working
23days after the date of the secretary's submittal, the department may implement that
24proposed assessment and those proposed rates. If, within 14 working days after the
25date of the secretary's submittal, the cochairpersons of the committee notify the

1secretary that the committee has scheduled a meeting for the purpose of reviewing
2that proposed assessment and, if applicable, those proposed rates, the department
3may implement that proposed assessment and those proposed rates only as approved
4by the committee.
AB68-SSA1,2744 5Section 2744. 301.26 (4) (eg) of the statutes is amended to read:
AB68-SSA1,1239,96 301.26 (4) (eg) For community supervision services under s. 938.533 (2), 2019
7stats.,
all payments and deductions made under this subsection and uniform fee
8collections under s. 301.03 (18) shall be credited to the appropriation account under
9s. 20.410 (3) (hr).
AB68-SSA1,2745 10Section 2745. 301.37 (title) of the statutes is amended to read:
AB68-SSA1,1239,12 11301.37 (title) County buildings Building standards; establishment,
12approval, inspection.
AB68-SSA1,2746 13Section 2746. 301.37 (1m) of the statutes is amended to read:
AB68-SSA1,1239,2314 301.37 (1m) The rules promulgated by the department under sub. (1) shall
15allow a secured residential care center for children and youth to use less the least
16restrictive physical security barriers than a Type 1 juvenile correctional facility
17while ensuring
necessary to ensure the safety of the public, staff, and youth. The
18rules promulgated under sub. (1) shall allow a secured residential care center for
19children and youth to be located in a portion of a juvenile detention facility or a Type
201 juvenile correctional facility
. A secured residential care center for children and
21youth that is located in a portion of a juvenile detention facility or a Type 1 juvenile
22correctional facility
shall provide trauma-informed, evidence-based programming
23and services as required by the department under s. 938.48 (16) (b).
AB68-SSA1,2747 24Section 2747 . 301.50 (1) of the statutes is amended to read:
AB68-SSA1,1240,10
1301.50 (1) In this section, “substantial parental relationship" means the
2acceptance and exercise of significant responsibility for the daily supervision,
3education, protection, and care of the child. In evaluating whether an individual has
4had a substantial parental relationship with the child, factors that may be
5considered include, but are not limited to, whether the individual has expressed
6concern for or interest in the support, care, or well-being of the child; whether the
7individual has neglected or refused to provide care or support for the child; and
8whether, with respect to an individual who is or may be the father a parent of the
9child, the individual has expressed concern for or interest in the support, care, or
10well-being of the mother during her parent who gave birth during pregnancy.
AB68-SSA1,2748 11Section 2748 . 302.05 (title) of the statutes is amended to read:
AB68-SSA1,1240,12 12302.05 (title) Wisconsin substance abuse earned release program.
AB68-SSA1,2749 13Section 2749 . 302.05 (1) (am) (intro.) of the statutes is amended to read:
AB68-SSA1,1240,2114 302.05 (1) (am) (intro.) The department of corrections and the department of
15health services may designate a section of a mental health institute as a correctional
16treatment facility for the treatment of substance abuse use disorder of inmates
17transferred from Wisconsin state prisons. This section shall be administered by the
18department of corrections and shall be known as the Wisconsin substance abuse

19program. The department of corrections and the department of health services shall
20ensure that the residents at the institution and the residents in the substance abuse
21use disorder program:
AB68-SSA1,2750 22Section 2750 . 302.05 (1) (b) of the statutes is amended to read:
AB68-SSA1,1241,223 302.05 (1) (b) The department of corrections and the department of health
24services shall, at any correctional facility the departments determine is appropriate,

1provide a substance abuse use disorder treatment program for inmates for the
2purposes of the program described in sub. (3).
AB68-SSA1,2751 3Section 2751 . 302.05 (1) (c) of the statutes is created to read:
AB68-SSA1,1241,64 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program”
5means an educational, vocational, treatment, or other evidence-based training
6program to reduce recidivism.
AB68-SSA1,1241,97 2. The department shall, at any correctional facility the department
8determines is appropriate, provide vocational readiness training programs for the
9purposes of the program described in sub. (3).
AB68-SSA1,2752 10Section 2752 . 302.05 (2) of the statutes is amended to read:
AB68-SSA1,1241,1211 302.05 (2) Transfer to a correctional treatment facility for the treatment of
12substance abuse use disorder shall be considered a transfer under s. 302.18.
AB68-SSA1,2753 13Section 2753. 302.05 (3) (a) 2. of the statutes is amended to read:
AB68-SSA1,1241,1914 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under
15s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g)
The department
16determines
that the inmate is eligible to participate in the earned release program
17described in this subsection. In making its determination, the department shall
18consider a decision of the sentencing court under s. 302.05 (3) (e), 2019 stats., or s.
19973.01 (3g), 2019 stats.
AB68-SSA1,2754 20Section 2754 . 302.05 (3) (b) of the statutes is amended to read:
AB68-SSA1,1242,421 302.05 (3) (b) Except as provided in par. (d), if the department determines that
22an eligible inmate serving a sentence other than one imposed under s. 973.01 has
23successfully completed a substance use disorder treatment program described in
24sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the
25parole commission shall parole the inmate for that sentence under s. 304.06,

1regardless of the time the inmate has served. If the parole commission grants parole
2under this paragraph for the completion of a substance use disorder treatment
3program
, it shall require the parolee to participate in an intensive supervision
4program for drug abusers as a condition of parole.
AB68-SSA1,2755 5Section 2755. 302.05 (3) (c) 1. of the statutes is amended to read:
AB68-SSA1,1242,116 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
7that an eligible inmate serving the term of confinement in prison portion of a
8bifurcated sentence imposed under s. 973.01 has successfully completed a substance
9use disorder
treatment program described in sub. (1) (b) or a vocational readiness
10training program described in sub. (1) (c)
, the department shall inform the court that
11sentenced the inmate.
AB68-SSA1,2756 12Section 2756 . 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB68-SSA1,1242,1713 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
141. that an inmate whom the court sentenced under s. 973.01 has successfully
15completed a substance use disorder treatment program described in sub. (1) (b) or
16a vocational readiness training program described in sub. (1) (c)
, the court shall
17modify the inmate's bifurcated sentence as follows:
AB68-SSA1,2757 18Section 2757 . 302.05 (3) (d) of the statutes is amended to read:
AB68-SSA1,1242,2119 302.05 (3) (d) The department may place intensive sanctions program
20participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do
21not apply to those participants.
AB68-SSA1,2758 22Section 2758. 302.05 (3) (e) of the statutes is repealed.
AB68-SSA1,2759 23Section 2759 . 302.05 (4) of the statutes is created to read:
AB68-SSA1,1242,2424 302.05 (4) (a) In this subsection, “recidivism” means any of the following:
AB68-SSA1,1243,2
11. A return to prison upon revocation of extended supervision, parole, or
2probation.
AB68-SSA1,1243,43 2. A conviction for a crime that was committed within 3 years of release from
4confinement.
AB68-SSA1,1243,95 (b) No later than June 15 of each year, the department shall submit a report
6on participation in vocational readiness training programs qualifying for earned
7release under sub. (3) to the governor, the chief clerk of each house of the legislature
8for distribution to the appropriate standing committees under s. 13.172 (3), and the
9director of state courts. The report shall include all of the following data:
AB68-SSA1,1243,1110 1. A list of available vocational readiness training programs and the number
11of participants in each vocational readiness training program.
AB68-SSA1,1243,1412 2. The number of eligible inmates who are on the wait list for participation in
13a vocational readiness training program, and the department's methodology for
14selecting participants from the wait list.
AB68-SSA1,1243,1915 3. The rate of recidivism among individuals who earned release through
16completion of a vocational readiness training program, and whether the recidivism
17event was return to prison upon revocation or was a conviction for a misdemeanor
18or felony. The department shall report this data by region and shall include
19demographic information.
AB68-SSA1,1243,2320 4. An accounting of the cost savings for the preceding 12-month period that
21resulted from reduced terms of confinement in prison for participants in the earned
22release program who were released to extended supervision or parole for completion
23of a vocational readiness training program.
AB68-SSA1,2760 24Section 2760 . 302.085 of the statutes is created to read:
AB68-SSA1,1244,2
1302.085 Treatment of a pregnant or postpartum person. (1) Definitions.
2In this section:
AB68-SSA1,1244,33 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
AB68-SSA1,1244,64 (b) “Doula” means a nonmedical, trained professional who provides continuous
5physical, emotional, and informational support during pregnancy, labor, birth, and
6the postpartum period.
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