LRB-3048/3
GMM:wlj:md
2009 - 2010 LEGISLATURE
February 11, 2010 - Introduced by Representatives Kessler, Friske, Pasch, Roys,
Black, A. Ott, Turner, A. Williams, Townsend, Bies, Sinicki
and Berceau,
cosponsored by Senators Taylor, Risser, Miller and Grothman. Referred to
Committee on Corrections and the Courts.
AB732,2,13 1An Act to renumber 814.78 (1), 814.79 (1), 814.80 (1) and 814.81 (1); to amend
246.215 (2) (c) 3., 46.22 (1) (e) 3. c., 48.02 (1d), 48.02 (2), 48.366 (8), subchapter
3IX (title) of chapter 48 [precedes 48.44], 48.44 (title), 48.44 (1), 48.45 (1) (a),
448.45 (1) (am), 48.45 (3), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3)
5(bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 301.26 (3) (c),
6301.26 (4) (d) 3., 301.26 (6) (a), 301.26 (7) (intro.), 301.26 (7) (a), 302.31 (7),
7938.02 (1), 938.02 (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.),
8938.344 (3), 938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter
9IX (title) of chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3),
10938.48 (4m) (title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3)
11(title), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.), 948.01
12(1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (1),
13961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575 (3), 990.01 (3)
14and 990.01 (20); to repeal and recreate 48.02 (1d), 48.02 (2), 48.45 (1) (a),

148.45 (1) (am), 48.45 (3), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (14) (a), 301.26
2(4) (d) 3., 938.02 (1), 938.02 (10m), 938.12 (2), 938.18 (2), 938.255 (1) (intro.),
3938.35 (1m), 938.355 (4m) (a), 938.39, 938.45 (1) (a), 938.45 (3), 946.50 (intro.),
4948.01 (1), 948.60 (2) (d), 948.61 (4), 990.01 (3) and 990.01 (20); and to create
520.410 (3) (gr), 301.26 (4) (dm), 301.265, 814.75 (1h), 814.78 (1j), 814.79 (1j),
6814.80 (1j) and 814.81 (1j) of the statutes; relating to: the age at which a person
7who is alleged to have violated a criminal law, a civil law, or a municipal
8ordinance is subject to circuit court or municipal court jurisdiction rather than
9juvenile court jurisdiction; creating a community youth and family aids
10surcharge; authorizing the Department of Corrections to set the youth aids
11daily rates for care of a juvenile in a juvenile correctional facility or a treatment
12facility; providing an exemption from rule-making procedures; and making an
13appropriation.
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 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. The change is effective
on July 1, 2010, for a person who is alleged to have committed a misdemeanor and
on July 1, 2011, for a person who's alleged to have committed a felony. The bill also
provides that if between July 1, 2010, and June 30, 2011, a person 17 years of age is
alleged to have committed a violation of a criminal law, the person is subject to the
procedures specified in the Juvenile Justice Code until such time as the person is
charged with a felony for committing that violation. If the person is charged with a
felony, from that point the person is subject to the procedures specified in the
Criminal Procedure Code and, on conviction, is subject to sentencing under the

Criminal Code. If the person is charged with a misdemeanor, the person remains
subject to the procedures specified in the Juvenile Justice Code and, on being
adjudicated delinquent, to a disposition under that 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. The change is effective on July 1,
2010.
Under current law relating to community youth and family aids, generally
referred to as "youth aids," the Department of Corrections (DOC) must allocate
various state and federal moneys to counties to pay for state-provided juvenile
correctional services and local delinquency-related and juvenile justice services.
DOC charges counties for the cost of services provided by DOC according to per
person daily cost assessments specified in the statutes. Currently, those
assessments include assessments of $275 for care in a juvenile correctional facility
or a treatment facility.
This bill eliminates those statutorily set assessments and instead directs DOC
to set those assessments at least annually. The bill permits DOC to set one
assessment for short-term placements of 30 days or less and another assessment for
long-term placements of more than 30 days and permits DOC to adjust those
assessments more frequently than annually as necessary to reflect the per person
average daily cost of providing that care. The bill requires DOC to submit a plan for
the implementation of a proposed assessment to the cochairpersons of the Joint
Committee on Finance (JCF). If the proposed assessment involves an increase in the
current assessment, DOC may also submit with the plan a request for supplemental
funds to provide increased youth aids funding to counties to cover any increased
charges expected under the proposed assessment. If the cochairpersons of JCF do
not notify DOC that JCF has scheduled a meeting for the purpose of reviewing the
plan and request for supplemental funds within 14 working days after submission
of that plan and request to JCF, the plan and supplement are approved. If, within
14 working days after submission of the plan and request, the cochairpersons of JCF
notify DOC that JCF has scheduled a meeting for the purpose of reviewing that plan
and request, the plan may be implemented and the supplement may occur only as
approved, or modified and approved, by JCF. The bill requires DOC to publish the
assessment in the Wisconsin Administrative Register and exempts DOC from
having to publish the assessment as a rule.
Under current law, when a court imposes a fine or forfeiture in certain actions,
the court must also impose certain surcharges in addition to the fine or forfeiture,
plus costs and fees, imposed. This bill requires a court to impose a community youth
and family aids surcharge (youth aids surcharge) in the amount of $14 when the

court imposes a forfeiture for a traffic violation. Youth aids surcharges must be
transmitted to the secretary of administration, deposited into the general fund, and
credited to an appropriation account of DOC, which must allocate those youth aids
surcharges to counties for state-provided juvenile correctional services and local
delinquency-related and juvenile justice services.
Finally, the bill increases the authorized full-time equivalent positions for the
circuit courts by two reserve judge positions, to be funded from general purpose
revenues, to provide two additional reserve judges for proceedings under the
Juvenile Justice Code.
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:
AB732, s. 1 1Section 1. 20.410 (3) (gr) of the statutes is created to read:
AB732,4,52 20.410 (3) (gr) Community youth and family aids surcharges. All moneys
3received from community youth and family aids surcharges collected under s.
4301.265 for the improvement and provision of juvenile delinquency-related services
5under s. 301.26.
AB732, s. 2 6Section 2. 46.215 (2) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
728
, is amended to read:
AB732,5,28 46.215 (2) (c) 3. A county department of social services shall develop, under the
9requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
10care and services to be purchased. The department of corrections may review the
11contracts and approve them if they are consistent with s. 301.08 (2) and if state or
12federal funds are available for such purposes. The joint committee on finance may
13require the department of corrections to submit the contracts to the committee for
14review and approval. The department of corrections may not make any payments
15to a county for programs included in a contract under review by the committee. The

1department of corrections shall reimburse each county for the contracts from the
2appropriations under s. 20.410 (3) (cd), (gr), (ko), and (o) as appropriate.
AB732, s. 3 3Section 3. 46.22 (1) (e) 3. c. of the statutes, as affected by 2009 Wisconsin Act
428
, is amended to read:
AB732,5,155 46.22 (1) (e) 3. c. A county department of social services shall develop, under
6the requirements of s. 301.08 (2), plans and contracts for juvenile
7delinquency-related care and services to be purchased. The department of
8corrections may review the contracts and approve them if they are consistent with
9s. 301.08 (2) and to the extent that state or federal funds are available for such
10purposes. The joint committee on finance may require the department of corrections
11to submit the contracts to the committee for review and approval. The department
12of corrections may not make any payments to a county for programs included in the
13contract that is under review by the committee. The department of corrections shall
14reimburse each county for the contracts from the appropriations under s. 20.410 (3)
15(cd), (gr), (ko), and (o) as appropriate.
AB732, s. 4 16Section 4. 48.02 (1d) of the statutes is amended to read:
AB732,5,2117 48.02 (1d) "Adult" means a person who is 18 years of age or older, except that
18for purposes of investigating or prosecuting a person who is alleged to have violated
19committed a violation of any state or federal criminal law or any civil law or
20municipal ordinance
that is punishable as a felony, "adult" means a person who has
21attained 17 years of age.
AB732, s. 5 22Section 5. 48.02 (1d) of the statutes, as affected by 2009 Wisconsin Act .... (this
23act), is repealed and recreated to read:
AB732,5,2424 48.02 (1d) "Adult" means a person who is 18 years of age or older.
AB732, s. 6 25Section 6. 48.02 (2) of the statutes is amended to read:
AB732,6,5
148.02 (2) "Child" means a person who is less than 18 years of age, except that
2for purposes of investigating or prosecuting a person who is alleged to have violated
3committed a violation of a state or federal criminal law or any civil law or municipal
4ordinance
that is punishable as a felony, "child" does not include a person who has
5attained 17 years of age.
AB732, s. 7 6Section 7. 48.02 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this
7act), is repealed and recreated to read:
AB732,6,88 48.02 (2) "Child" means a person who is less than 18 years of age.
AB732, s. 8 9Section 8. 48.366 (8) of the statutes is amended to read:
AB732,6,2210 48.366 (8) Transfer to or between facilities. The department of corrections
11may transfer a person subject to an order between juvenile correctional facilities.
12After the person attains the age of 17 18 years, the department of corrections may
13place the person in a state prison named in s. 302.01, except that the department of
14corrections may not place any person under the age of 18 years in the correctional
15institution authorized in s. 301.16 (1n)
. If the department of corrections places a
16person subject to an order under this section in a state prison, that department shall
17provide services for that person from the appropriate appropriation under s. 20.410
18(1). The department of corrections may transfer a person placed in a state prison
19under this subsection to or between state prisons named in s. 302.01 without
20petitioning for revision of the order under sub. (5) (a), except that the department of
21corrections may not transfer any person under the age of 18 years to the correctional
22institution authorized in s. 301.16 (1n)
.
AB732, s. 9 23Section 9. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
24is amended to read:
AB732,6,2525 CHAPTER 48
AB732,7,1
1SUBCHAPTER IX
AB732,7,22 JURISDICTION OVER PERSON 17 18 OR OLDER
AB732, s. 10 3Section 10. 48.44 (title) of the statutes is amended to read:
AB732,7,4 448.44 (title) Jurisdiction over persons 17 18 or older.
AB732, s. 11 5Section 11. 48.44 (1) of the statutes is amended to read:
AB732,7,86 48.44 (1) The court has jurisdiction over persons 17 18 years of age or older as
7provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically
8provided in this chapter.
AB732, s. 12 9Section 12. 48.45 (1) (a) of the statutes is amended to read:
AB732,7,1910 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
11described in s. 48.13 it appears that any person 17 years of age or older has been
12guilty of contributing to, encouraging, or tending to cause, by any act or omission,
13such
that is punishable as a felony, that condition of the child or that any person 18
14years of age or older has been guilty of contributing to, encouraging, or tending to
15cause, by any act or omission that is punishable as a misdemeanor, that condition of
16the child
, the judge may make orders with respect to the conduct of such that person
17in his or her relationship to the child, including orders determining the ability of the
18person to provide for the maintenance or care of the child and directing when, how,
19and where funds for the maintenance or care shall be paid.
AB732, s. 13 20Section 13. 48.45 (1) (a) of the statutes, as affected by 2009 Wisconsin Act ....
21(this act), is repealed and recreated to read:
AB732,8,322 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
23described in s. 48.13 it appears that any person 18 years of age or older has been
24guilty of contributing to, encouraging, or tending to cause, by any act or omission,
25that condition of the child, the judge may make orders with respect to the conduct

1of that person in his or her relationship to the child, including orders determining
2the ability of the person to provide for the maintenance or care of the child and
3directing when, how, and where funds for the maintenance or care shall be paid.
AB732, s. 14 4Section 14. 48.45 (1) (am) of the statutes is amended to read:
AB732,8,145 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
6child's expectant mother alleged to be in a condition described in s. 48.133 it appears
7that any person 17 years of age or over has been guilty of contributing to,
8encouraging, or tending to cause, by any act or omission, such that is punishable as
9a felony, that
condition of the unborn child and expectant mother or that any person
1018 years of age or over has been guilty of contributing to, encouraging, or tending to
11cause, by any act or omission that is punishable as a misdemeanor, that condition of
12the unborn child and expectant mother
, the judge may make orders with respect to
13the conduct of such that person in his or her relationship to the unborn child and
14expectant mother.
AB732, s. 15 15Section 15. 48.45 (1) (am) of the statutes, as affected by 2009 Wisconsin Act
16.... (this act), is repealed and recreated to read:
AB732,8,2217 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
18child's expectant mother alleged to be in a condition described in s. 48.133 it appears
19that any person 18 years of age or older has been guilty of contributing to,
20encouraging, or tending to cause, by any act or omission, that condition of the unborn
21child and expectant mother, the judge may make orders with respect to the conduct
22of that person in his or her relationship to the unborn child and expectant mother.
AB732, s. 16 23Section 16. 48.45 (3) of the statutes is amended to read:
AB732,9,524 48.45 (3) If it appears at a court hearing that any person 17 years of age or older
25has violated s. 948.40 and that the violation is punishable as a felony or that any

1person 18 years of age or older has violated s. 948.40 and that the violation is
2punishable as a misdemeanor
, the judge shall refer the record to the district attorney
3for criminal proceedings as may be warranted in the district attorney's judgment.
4This subsection does not prevent prosecution of violations of s. 948.40 without the
5prior reference by the judge to the district attorney, as in other criminal cases.
AB732, s. 17 6Section 17. 48.45 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this
7act), is repealed and recreated to read:
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