AB449: Bill Text

LRB-1821/1

GMM:jrd:jlb

1995 - 1996 LEGISLATURE

1995 Assembly BILL 449

June 20, 1995 - Introduced by Representatives Albers and Grothman. Referred to Committee on Children and Families.

AB449,1,4 An Act to amend 48.355 (4) (a); to repeal and recreate 48.355 (4) (a); and to create 48.12 (3) of the statutes; relating to: providing for juvenile court jurisdiction beyond the age of 18 over a child who committed a delinquent act and was adjudicated delinquent before the age of 18.

Analysis by the Legislative Reference Bureau

Under current law, the court assigned to exercise jurisdiction under the children's code (juvenile court) generally has exclusive jurisdiction over a child who is 12 years of age or over and who is alleged to have violated a criminal law. Currently, if a juvenile court proceeding has been commenced before a child is 18 years of age, but the child becomes 18 years of age before admitting to the facts of the delinquency petition or, if the child denies the facts before an adjudication, the juvenile court retains jurisdiction over the child beyond age 18 and may dismiss the action with prejudice or enter into a consent decree with the child or it may waive its jurisdiction over the child and refer the matter to the district attorney for criminal prosecution. Current law, however, does not specify what happens when a child admits the facts of a petition or, if the child denies the facts, is nevertheless adjudged delinquent before the child is 18 years of age, but becomes 18 years of age before the disposition of the child's case, such as if the child flees. This bill provides that in that situation the juvenile court retains jurisdiction over the child beyond the age of 18 to dismiss the action with prejudice, enter into a consent decree with the child or proceed to disposition. The bill also permits the juvenile court to proceed to a disposition if the child does not fulfill the terms of the consent decree, to impose sanctions on the child if the child violates a condition of his or her dispositional order and to hold the child in contempt of court if the child commits a 2nd or subsequent violation of his or her dispositional order.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB449, s. 1 Section 1. 48.12 (3) of the statutes is created to read:

AB449,2,16 48.12 (3) If a court proceeding has been commenced under this section and a child is adjudged delinquent before the child is 18 years of age, but the child becomes 18 years of age before a disposition, the court retains jurisdiction over the case to dismiss the action with prejudice, to enter into a consent decree or to proceed to disposition. If the court finds that the child has failed to fulfill the express terms and conditions of the consent decree or that the child objects to the continuation of the consent decree, the hearing under which the child was placed under supervision may be continued to conclusion as if the consent decree had never been entered. If the child violates a condition of his or her dispositional order under s. 48.355 (2) (b) 7., the court may impose a sanction on the child as provided in s. 48.355 (6) if at the dispositional hearing the court explained the conditions to the child and informed the child of the possible sanctions under s. 48.355 (6) for a violation. Notwithstanding s. 48.355 (6g), if the child commits a 2nd or subsequent violation of a condition specified in s. 48.355 (2) (b) 7. after having been sanctioned under s. 48.355 (6) (d), the child may be proceeded against for contempt of court as provided in ch. 785.

AB449, s. 2 Section 2. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB449,3,8 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section, including an order entered after the child's 17th birthday, shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child who is under the supervision of the department under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB449, s. 3 Section 3. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB449,3,20 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section, including an order entered after the child's 17th birthday, shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates.

AB449, s. 4 Section 4 . Initial applicability.

AB449,3,24 (1)  The treatment of section 48.12 (3) of the statutes and the amendment of section 48.355 (4) (a) of the statutes first apply to children who are adjudicated delinquent on the effective date of this subsection.

AB449,4,3 (2)   The repeal and recreation of section 48.355 (4) (a) of the statutes first applies to children who are adjudicated delinquent on the effective date of this subsection.

AB449, s. 5 Section 5. Effective dates. This act takes effect on July 1, 1995, or on the day after publication, whichever is later, except as follows:

AB449,4,8 (1)  The repeal and recreation of section 48.355 (4) (a) of the statutes and Section 4 (2) of this act take effect on December 1, 1995, or on the day after publication, whichever is later.

AB449,4,9 (End)