Will Joint Finance finally pay up for our new juevnile jails?

As the GOP Legislature plans to take an extended vacation before the November elections, that means a lot of things are starting to get jammed in over the next few weeks. And one of those items is a next step on remaking the state's juvenile Corrections services and facilities.

First, let’s hear from the Legislative Fiscal Bureau on what the situation is when it comes to funding the county-based juvenile rehab facilities. These are for lesser offenses and seem to be mixed in with local juvy offenders, and is the result of law passed a couple of years ago. You may recall that was largely the result ex-Governor Walker panicking after juvenile facilities were facing negative headlines ahead of the state’s election, and coming up with a plan whose main goal seemed to involve putting off the issue before the 2018 election.

These facilities are part of the plans to re-make juvenile prisons in the state, and are based in multiple locations around the state.

Under Act 185 and Act 8, the Department of Corrections is required to establish new Type 1 juvenile correctional facilities by July 1, 2021, subject to the approval of the Joint Finance Committee (JFC). The act authorized $25 million in bonding for the new facilities. However, this bonding authority was transferred under 2019 Act 9 for use as grants to counties. The Department of Health Services (DHS) is required to expand the Mendota Juvenile Treatment Center (MJTC), subject to the approval of JFC, and $15 million in bonding for the expansion was authorized. However, this bonding authority was also transferred to grants for county SRCCs under 2019 Act 9.

In addition, Act 185 created a new type of secured juvenile facility, administered by counties, called SRCCs. Under Act 185, the Building Commission may authorize up to a total of $40,000,000 in general fund supported borrowing to allow Corrections to provide grants to assist counties in designing and constructing these new SRCCs, and attached juvenile detention facilities. Under 2019 Act 9 (the latest state budget), an additional $40 million general fund supported borrowing was enumerated to allow Corrections to provide grants to assist counties in designing and constructing secured SRCCs. In total, $80,000,000 is enumerated and available to for grants to counties.

But the problem is that the four juvenile facilities are projected to cost $111 million.

Projected state costs of new juvenile facilities
Brown County $40.9 million
Racine County $40.0 million
Milwaukee Co $23.6 million
Dane County renovation $6.5 million
TOTAL $111.0 MILLION

So the question is where the other $31 million might come from to help build these new facilities. One obvious way would involve Joint Finance adding $31 million of borrowing to the project that is already in the budget, although that’s added debt to deal with down the road.

If the GOP-run JFC chooses not to do that, the LFB has a couple of suggestions which use money that has been set aside without any specific purpose.

First, the budget as passed by the Legislature would have provided $15 million of general fund supported bonding for a northern Wisconsin regional crisis center. The Governor's partial veto deleted the specific project to be funded so that the provision in Act 9 reads, "Building Commission may award this subsection [$15 million] for a center." In the veto message, the Governor indicates that he is directing that the $15 million be used for expansion of the Mendota Juvenile Treatment Center.

Second, the budget as passed by the Legislature, would have provided $25 million of general fund supported borrowing for a grant program to assist non-state organizations to carry out construction projects having a public purpose. Of the $25 million, the bill earmarked $3 million for a project in the City of Wisconsin Rapids. In exercising his partial veto authority, the Governor left the Wisconsin Rapids project, but the remaining $22 million would be for "construction projects having a public purpose." In the veto message, the Governor indicates that he is directing the $22 million to support construction of a Type 1 facility to replace Lincoln Hills.

Of course, if that money is moved over to build these facilities, then there has to be new money found to figure out how to pay for those needed projects.

Or, the JFC could tell them to go back to the drawing board, and/or approve the project and tell the counties to somehow come up with the other $31 mil (good luck with that).

Speaking of the money to replace Lincoln Hills, that’s the other building project bill that Joint Finance would deal with, which would establish facilities in Milwaukee and Outagamie County for the more severe juvenile offenders.

On October 16, 2019, Corrections submitted a plan for approval of two Type 1 facilities located in Milwaukee ($37.2 million) and Hortonia ($36 million). The proposed Type 1 facilities would cost a total of $73.2 million in bonding authority and provide a capacity of 64 beds for serious juvenile offenders (SJO) and youth with adult sentences. If the Finance Committee does not approve the plan, the Type 1 facilities cannot be constructed. While the sites and the amount of bonding authority are subject to JFC approval, JFC does not have the authority to provide additional bonding for the project.

The request indicates that based on estimated capacity need for Type 1 facilities, Corrections is requesting approval of two Type 1 facilities. Corrections noted that juveniles in the serious juvenile offender (SJO) program and youth with adult sentences will be the main populations of Type 1 facilities. In addition, Corrections indicates that the number of SRCC beds proposed based on the Page 3 statewide plan submitted on October 1, 2019, may not contain sufficient SRCC beds based on estimated capacity need and notes that if there are insufficient SRCC beds, the SRCC youth can be placed in a Type 1 facility. Further, Corrections indicates that the number of youth with treatment needs that can be placed in MJTC is unknown.

If JFC gives the go-ahead to build, these facilities could be ready in early 2022. That’s still a year past the original deadline to close Lincoln Hills, and at best only $22 million of the funds are set aside at the state level (and that’s if the JFC doesn’t move the money to build the 4 county-based facilities).

Seems like the kids will still be here a while.

There would have to be an entirely new authorization to add money to build these projects, so in addition to approving of the site, it’s a big decision to see if the one-time added money from positive revenue projections or some other source can be tapped.

And if the GOP-run JFC decides not to fund these facilities, it would make the Assembly’s vote today to blow racist dog-whistles to scare suburbanites increase penalties against certain juvenile offenders look very stupid.

Another part of the Wisconsin GOP plan would allow judges to lock up teens whenever they commit offenses that would be considered felonies if they were adults. Under current law, there are more limits on when they can be put behind bars.

That measure, Assembly Bill 806, would result in locking up more teenagers even as Republicans and Democrats alike have sought to close the state's juvenile prison, Lincoln Hills School for Boys.

You’ve got to lock up those kids somewhere, and come up with the money to build those facilities. You may want to connect those two things before you pose about being "tough on crime."

Tomorrow’s JFC action on these facilities for offenders under 18 is a classic example of why putting off issues before elections is such a lame idea. Not only does it cynically count on voters forgetting about the problem, but it means that more has to be done at a later point when you actually do have to do something. And often the "solution" sets off other complications that crop up because of the haphazard way it was arrived at.