1995 Wisconsin Act 352

Subchapter XX
Miscellaneous provisions

352,128 Section 128 . 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, section 639, and 1995 Wisconsin Act .... (Senate Bill 72), is repealed and recreated to read:

946.42 (1) (a) “Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

352,129 Section 129 . 946.42 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h) or (4m), to a placement under s. 938.357 (4) or to aftercare revocation under s. 938.357 (5) (e).

352,130 Section 130 . 946.44 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

946.44 (2) (c) “Institution" includes a secured juvenile correctional facility and, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

352,131 Section 131 . 946.44 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

352,132 Section 132 . 946.45 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

946.45 (2) (c) “Institution" includes a secured juvenile correctional facility and, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), and a Type 2 child caring institution, as defined in s. 938.02 (19r).

352,133 Section 133 . 946.45 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

946.45 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 938.34 (4m) or 938.357 (4) or (5) (e) or placed in a Type 2 child caring institution under s. 938.34 (4d) or who is subject to an order under s. 48.366.

352,134 Section 134 . 970.032 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the court finds child proves by a preponderance of the evidence all of the following:

352,134d Section 134d. 971.31 (13) of the statutes is created to read:

971.31 (13) (a) A child over whom the court has jurisdiction under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The motion may allege that the child did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer of jurisdiction would be appropriate because of all of the following:

1. If convicted, the child could not receive adequate treatment in the criminal justice system.

2. Transferring jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938 would not depreciate the seriousness of the offense.

3. Retaining jurisdiction is not necessary to deter the child or other children from committing the violation of which the child is accused under the circumstances specified in s. 938.183 (1) (b) or (c), whichever is applicable.

(b) The court shall retain jurisdiction unless the child proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c) or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. are met.

352,134g Section 134g. 977.076 (2) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

977.076 (2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (2) (a), 757.66, 938.275 (1) (2) (a) or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.

352,134m Section 134m. 990.01 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.

352,134p Section 134p. 990.01 (20) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.

352,134v Section 134v. 1995 Wisconsin Act 77, section 9310 (1t) is created to read:

[1995 Wisconsin Act 77] Section 9310 (1t) Judgments and dispositions in adult court. The treatment of sections 906.08 (2), 906.09 (title), (1), (2), (3), (4) and (5), 938.35 (1) (cm) and 969.01 (4) of the statutes first applies to proceedings in a court of civil or criminal jurisdiction held on the effective date of this subsection, but does not preclude the use of a disposition entered by, or a record of evidence given in, a court assigned to exercise jurisdiction under chapter 48 of the statutes before the effective date of this subsection for the purpose of setting bail or impeaching a witness.

352,135 Section 135 . Nonstatutory provisions; corrections.

(1)  Rule-making deadline. The department of corrections shall submit the proposed rules required under sections 938.22 (2) (a), 938.357 (5) (g), 938.38 (6), 938.48 (13), 938.533 (2), 938.534 (2), 938.538 (7) and 938.78 (3) of the statutes, as created by 1995 Wisconsin Act 77, section 938.539 (6) of the statutes, as created by this act, and section 938.993 of the statutes, as affected by 1995 Wisconsin Act 77 to the legislative council staff for review under section 227.15 (1) of the statutes by no later than July 1, 1997.

(2)  Rule-making exception. Before July 1, 1997, the department of corrections shall administer section 301.02 of the statutes, section 301.03 (9) of the statutes, as affected by 1995 Wisconsin Act 77, section 301.03 (9r) of the statutes, as created by 1995 Wisconsin Act 77, section 301.03 (10) of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, and chapter 938 of the statutes, as created by 1995 Wisconsin Act 77, according to policies and procedures established by that department, but not promulgated as rules, notwithstanding the absence of rules to administer those sections and that chapter.

352,136 Section 136 . Effective date.

(1)  This act takes effect on July 1, 1996, or on the day after publication, whichever is later.