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SB168,19 10Section 19 . 301.031 of the statutes is repealed.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: