(1) In this section:
(a) “Authorized jurisdiction” means a county, 2 counties acting jointly under s. 302.44, the United States, or a federally recognized American Indian tribe or band in this state.
(b) “Correctional facility” means an institution or facility, or a portion of an institution or facility, that is used to confine juveniles alleged or found to be delinquent or a prison, jail, house of correction, or lockup facility.
(2) No person may commence construction of a correctional facility or commence conversion of an existing building, structure, or facility into a correctional facility unless the building, structure, or facility is enumerated in the authorized state building program.
(3) Subsection (2) does not apply to any of the following:
(a) A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.
(b) A building, structure, or facility the construction of which was completed before January 1, 2001, if the building, structure, or facility was designed to confine persons convicted of a criminal offense.
(4) Unless the governor has declared a state of emergency under s. 323.10, the department may not expand the capacity of, or substantially modify the structure or physical security of, a juvenile correctional facility established under s. 301.16 (1w) without prior approval by the governing body of the city, village, or town in which the juvenile correctional facility is located.