AB82: Bill Text

LRB-0756/1

GMM:kjf:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 82

February 3, 2005 - Introduced by Representatives Grigsby and Kessler, cosponsored by Senator Taylor. Referred to Committee on Criminal Justice and Homeland Security.

AB82,2,2 An Act to repeal 938.357 (4) (d); and to amend 48.02 (1d), 48.02 (2), 48.366 (8), subchapter IX (title) of chapter 48 [precedes 48.44], 48.44 (title), 48.44 (1), 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.03 (10) (d), 301.12 (2m), 301.12 (14) (a), 302.11 (10), 302.255, 302.31 (7), 302.386 (5) (d), 938.02 (1), 938.02 (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.344 (3), 938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.538 (3) (a) 1., 938.538 (3) (a) 1m., 938.538 (3) (a) 2., 938.538 (4) (a), 938.538 (5) (c), 938.538 (6), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 938.992 (3), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (1), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575 (3), 976.08, 990.01 (3) and 990.01 (20) of the statutes; relating to: the age at which a person who is alleged to have violated a criminal law, a civil law, or a municipal ordinance is subject to circuit court or municipal court rather than juvenile court jurisdiction.

Analysis by the Legislative Reference Bureau

Under current law, a person 17 years of age or older who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, is subject to sentencing under the Criminal Code, which may include a sentence of imprisonment in the Wisconsin state prisons. Currently, subject to certain exceptions, a person under 17 years of age who is alleged to have violated a criminal law is subject to the procedures specified in the Juvenile Justice Code and, on being adjudicated delinquent, is subject to an array of dispositions under that code including placement in a juvenile secured correctional facility. This bill raises from 17 to 18 the age at which a person who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, to sentencing under the Criminal Code.

Similarly, under current law, a person 17 years of age or older who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court, while a person under 17 years of age who is alleged to have violated a civil law or municipal ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This bill raises from 17 to 18 the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court.

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:

AB82, s. 1 Section 1. 48.02 (1d) of the statutes is amended to read:

AB82,2,7 48.02 (1d) "Adult" means a person who is 18 years of age or older, 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 17 years of age.

AB82, s. 2 Section 2. 48.02 (2) of the statutes is amended to read:

AB82,3,4 48.02 (2) "Child" means a person who is less than 18 years of age, 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, "child" does not include a person who has attained 17 years of age.

AB82, s. 3 Section 3. 48.366 (8) of the statutes is amended to read:

AB82,3,20 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 18 years, the department of corrections may place the person in a state prison named in s. 302.01, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in s. 301.16 (1n).

AB82, s. 4 Section 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB82,3,23 CHAPTER 48

AB82,3,24 SUBCHAPTER IX

AB82,3,25 JURISDICTION OVER PERSON 17 18 OR OLDER

AB82, s. 5 Section 5. 48.44 (title) of the statutes is amended to read:

AB82,4,2 48.44 (title) Jurisdiction over persons 17 18 or older.

AB82, s. 6 Section 6. 48.44 (1) of the statutes is amended to read:

AB82,4,6 48.44 (1) The court has jurisdiction over persons 17 18 years of age or older as provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically provided in this chapter.

AB82, s. 7 Section 7. 48.45 (1) (a) of the statutes is amended to read:

AB82,4,15 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB82, s. 8 Section 8. 48.45 (1) (am) of the statutes is amended to read:

AB82,4,23 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 18 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB82, s. 9 Section 9. 48.45 (3) of the statutes is amended to read:

AB82,5,5 48.45 (3) If it appears at a court hearing that any person 17 18 years of age or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB82, s. 10 Section 10. 118.163 (4) of the statutes is amended to read:

AB82,5,8 118.163 (4) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.342.

AB82, s. 11 Section 11. 125.07 (4) (d) of the statutes is amended to read:

AB82,5,13 125.07 (4) (d) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB82, s. 12 Section 12. 125.07 (4) (e) 1. of the statutes is amended to read:

AB82,5,16 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.

AB82, s. 13 Section 13. 125.085 (3) (bt) of the statutes is amended to read:

AB82,5,21 125.085 (3) (bt) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB82, s. 14 Section 14. 165.83 (1) (c) 1. of the statutes is amended to read:

AB82,5,24 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 18 and that is a felony or a misdemeanor.

AB82, s. 15 Section 15. 165.83 (1) (c) 2. of the statutes is amended to read:

AB82,6,3 165.83 (1) (c) 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 18 and that would be a felony or misdemeanor if committed by an adult.

AB82, s. 16 Section 16. 301.03 (10) (d) of the statutes is amended to read:

AB82,6,10 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, the release of juvenile offenders from secured correctional facilities or secured child caring institutions to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

AB82, s. 17 Section 17. 301.12 (2m) of the statutes is amended to read:

AB82,6,14 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18 and older receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB82, s. 18 Section 18. 301.12 (14) (a) of the statutes is amended to read:

AB82,7,2 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 18, unless the liable person has prevented payment by any act or omission.

AB82, s. 19 Section 19. 302.11 (10) of the statutes is amended to read:

AB82,7,6 302.11 (10) An inmate subject to an order under s. 48.366 or 938.34 (4h) is not entitled to mandatory release and may be released or discharged only as provided under s. 48.366 or 938.538.

AB82, s. 20 Section 20. 302.255 of the statutes is amended to read:

AB82,7,11 302.255 Interstate corrections compact; additional applicability. "Inmate", as defined under s. 302.25 (2) (a), includes persons subject to an order under s. 48.366 who are confined to a state prison under s. 302.01 and persons subject to an order under s. 938.34 (4h) who are 17 years of age or older.

AB82, s. 21 Section 21. 302.31 (7) of the statutes is amended to read:

AB82,7,18 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 18 years of age, and persons who have attained the age of 17 18 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

AB82, s. 22 Section 22. 302.386 (5) (d) of the statutes is amended to read:

AB82,7,23 302.386 (5) (d) Any participant in the serious juvenile offender program under s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized under s. 301.046 (1).

AB82, s. 23 Section 23. 938.02 (1) of the statutes is amended to read:

AB82,8,4 938.02 (1) "Adult" means a person who is 18 years of age or older, 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 17 years of age.

AB82, s. 24 Section 24. 938.02 (10m) of the statutes is amended to read:

AB82,8,9 938.02 (10m) "Juvenile" means a person who is less than 18 years of age, 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, "juvenile" does not include a person who has attained 17 years of age.

AB82, s. 25 Section 25. 938.12 (2) of the statutes is amended to read:

AB82,8,14 938.12 (2) If a court proceeding has been commenced under this section before a juvenile is 17 18 years of age, but the juvenile becomes 17 18 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB82, s. 26 Section 26. 938.18 (2) of the statutes is amended to read:

AB82,8,22 938.18 (2) The waiver hearing shall be brought on by filing a petition alleging delinquency drafted under s. 938.255 and a petition for waiver of jurisdiction which shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 18 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication.

AB82, s. 27 Section 27. 938.183 (3) of the statutes is amended to read:

AB82,9,7 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 18 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB82, s. 28 Section 28. 938.255 (1) (intro.) of the statutes is amended to read:

AB82,9,15 938.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125 or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person under the age of 18". A petition initiating proceedings under s. 938.12, 938.125 or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity all of the following:

AB82, s. 29 Section 29. 938.344 (3) of the statutes is amended to read:

AB82,9,24 938.344 (3) If the juvenile alleged to have committed the violation is within 3 months of his or her 17th 18th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB82, s. 30 Section 30. 938.35 (1m) of the statutes is amended to read:

AB82,10,5 938.35 (1m) Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of 17 18. This paragraph does not affect proceedings in criminal court which have been transferred under s. 938.18.

AB82, s. 31 Section 31. 938.355 (4) (b) of the statutes is amended to read:

AB82,10,23 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile reaches 18 years of age may apply for up to 2 years after its entry or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile reaches 18 years of age shall apply for 5 years after its entry, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile reaches 17 18 years of age shall terminate at the end of one year after its entry unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 18 years of age or older when the original dispositional order terminates.