Section 938.222. Contracts with private entities for juvenile detention facility services.

 

(1)   Uses of facilities. The county board of supervisors of a county may contract with a private entity that operates a juvenile detention facility for the use of the facility to hold juveniles who meet the criteria under s. 48.208 , 938.17 (1) , 938.183 (1m) (a) , or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f) , a sanction under s. 938.355 (6) (d) 1. , or short-term detention under s. 938.355 (6d) or 938.534 (1) .

(2)   Contract requirements.

(a) A contract under sub. (1) shall require all of the following:

1. That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under s. 301.36 .

2. That the private juvenile detention facility provide educational programming, health care, and other care that is equivalent to that which a juvenile would receive in a public juvenile detention facility.

(b) In addition to the requirements under par. (a) , a contract under sub. (1) shall include all of the following:

1. The rates to be paid by the county for holding a juvenile in the private juvenile detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private juvenile detention facility.

2. An agreement that the county retains jurisdiction over a juvenile who is held in the private juvenile detention facility.

3. An agreement that the private juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36 .

4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.

1997 a. 27 ; 2005 a. 344 ; 2007 a. 97 ; 2015 a. 55 .