AB82: Bill Text

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.

AB82, s. 32 Section 32. 938.355 (4m) (a) of the statutes is amended to read:

AB82,11,6 938.355 (4m) (a) A juvenile who has been adjudged delinquent may, on attaining 17 18 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the court's record of the juvenile's adjudication if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expungement.

AB82, s. 33 Section 33. 938.357 (4) (d) of the statutes is repealed.

AB82, s. 34 Section 34. 938.39 of the statutes is amended to read:

AB82,11,13 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 18. This section does not affect criminal proceedings in circuit court which were transferred under s. 938.18.

AB82, s. 35 Section 35. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB82,11,16 CHAPTER 938

AB82,11,17 SUBCHAPTER IX

AB82,11,18 JURISDICTION OVER PERSONS 17 18 OR OLDER

AB82, s. 36 Section 36. 938.44 of the statutes is amended to read:

AB82,11,22 938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction over persons 17 18 years of age or over as provided under ss. 938.355 (4) and 938.45 and as otherwise specifically provided in this chapter.

AB82, s. 37 Section 37. 938.45 (1) (a) of the statutes is amended to read:

AB82,12,6 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 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 juvenile, the court may make orders with respect to the conduct of such that person in his or her relationship to the juvenile, including orders determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

AB82, s. 38 Section 38. 938.45 (3) of the statutes is amended to read:

AB82,12,12 938.45 (3) If it appears at a court hearing that any person 17 18 years of age or older has violated s. 948.40, the court 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 court to the district attorney, as in other criminal cases.

AB82, s. 39 Section 39. 938.48 (4m) (a) of the statutes is amended to read:

AB82,12,14 938.48 (4m) (a) Is at least 17 18 years of age.

AB82, s. 40 Section 40. 938.48 (4m) (b) of the statutes is amended to read:

AB82,12,17 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4) when the person reached 17 18 years of age.

AB82, s. 41 Section 41. 938.48 (14) of the statutes is amended to read:

AB82,12,25 938.48 (14) Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who when they reached 17 18 years of age were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4) as a result of a judicial decision.

AB82, s. 42 Section 42. 938.538 (3) (a) 1. of the statutes is amended to read:

AB82,13,5 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.

AB82, s. 43 Section 43. 938.538 (3) (a) 1m. of the statutes is amended to read:

AB82,13,13 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 secured correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB82, s. 44 Section 44. 938.538 (3) (a) 2. of the statutes is amended to read:

AB82,13,17 938.538 (3) (a) 2. Intensive or other field supervision, including corrective sanctions supervision under s. 938.533, or aftercare supervision or, if the participant is 17 years of age or over, intensive sanctions supervision under s. 301.048.

AB82, s. 45 Section 45. 938.538 (4) (a) of the statutes is amended to read:

AB82,14,9 938.538 (4) (a) A participant in the serious juvenile offender program is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility, or a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

AB82, s. 46 Section 46. 938.538 (5) (c) of the statutes is amended to read:

AB82,14,14 938.538 (5) (c) Sections 938.357 and 938.363 do not apply to changes of placement and revisions of orders for a juvenile who is a participant in the serious juvenile offender program, except that s. 938.357 (4) (d) applies to the transfer of a participant to the Racine youthful offender correctional facility named in s. 302.01.

AB82, s. 47 Section 47. 938.538 (6) of the statutes is amended to read:

AB82,14,24 938.538 (6) Purchase of services. The department of corrections may contract with the department of health and family services, a county department , or any public or private agency for the purchase of goods, care, and services for participants in the serious juvenile offender program. The department of corrections shall reimburse a person from whom it purchases goods, care or services under this subsection from the appropriation under s. 20.410 (3) (cg) or, if the person for whom the goods, care or services are purchased is placed in a Type 1 prison, as defined s. 301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the appropriate appropriation under s. 20.410 (1).

AB82, s. 48 Section 48. 938.57 (3) (a) 1. of the statutes is amended to read:

AB82,15,1 938.57 (3) (a) 1. Is 17 18 years of age or older.

AB82, s. 49 Section 49. 938.57 (3) (a) 3. of the statutes is amended to read:

AB82,15,4 938.57 (3) (a) 3. Received funding under s. 46.495 (1) (d) immediately prior to his or her 17th 18th birthday.

AB82, s. 50 Section 50. 938.57 (3) (b) of the statutes is amended to read:

AB82,15,8 938.57 (3) (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 46.495 (1) (d) if the juvenile were 16 17 years of age.

AB82, s. 51 Section 51. 938.992 (3) of the statutes is amended to read:

AB82,15,13 938.992 (3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34 (4h) who is 17 years of age or over.

AB82, s. 52 Section 52. 946.50 (intro.) of the statutes is amended to read:

AB82,15,19 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 18 years is guilty of the following:

AB82, s. 53 Section 53. 948.01 (1) of the statutes is amended to read:

AB82,15,24 948.01 (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.

AB82, s. 54 Section 54. 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB82,16,5 948.11 (2) (am) (intro.) Any person who has attained the age of 17 18 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB82, s. 55 Section 55. 948.45 (1) of the statutes is amended to read:

AB82,16,10 948.45 (1) Except as provided in sub. (2), any person 17 18 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 18 years of age or under is guilty of a Class C misdemeanor.

AB82, s. 56 Section 56. 948.60 (2) (d) of the statutes is amended to read:

AB82,16,15 948.60 (2) (d) A person under 17 18 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB82, s. 57 Section 57. 948.61 (4) of the statutes is amended to read:

AB82,16,20 948.61 (4) A person under 17 18 years of age who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB82, s. 58 Section 58. 961.455 (1) of the statutes is amended to read:

AB82,16,24 961.455 (1) Any person who has attained the age of 17 18 years who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 18 years for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB82, s. 59 Section 59. 961.46 of the statutes is amended to read:

AB82,17,5 961.46 Distribution to persons under age 18. If a person 17 18 years of age or over violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB82, s. 60 Section 60. 961.573 (2) of the statutes is amended to read:

AB82,17,8 961.573 (2) Any person who violates sub. (1) who is under 17 18 years of age who violates sub. (1) is subject to a disposition under s. 938.344 (2e).

AB82, s. 61 Section 61. 961.574 (2) of the statutes is amended to read: