1995 Wisconsin Act 77

77,643 Section 643 . 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

946.42 (3) (c) Subject to a disposition under s. 48.34 (4g) 938.34 (4h) or (4m), to a placement under s. 48.357 938.357 (4) or to aftercare revocation under s. 48.357 938.357 (5) (e).

77,644 Section 644 . 946.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 7234m, is amended to read:

946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

77,645 Section 645 . 946.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

946.44 (1) (a) Any officer or employe of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employe's custody to escape; or

77,646 Section 646 . 946.44 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

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

77,647 Section 647 . 946.44 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 7234v, is amended to read:

946.44 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

77,648 Section 648 . 946.45 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 7235m, is amended to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

77,649 Section 649 . 946.45 (1) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

946.45 (1) Any officer or employe of an institution where prisoners are detained who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

77,650 Section 650 . 946.45 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

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

77,651 Section 651 . 946.45 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 7235v, is amended to read:

946.45 (2) (d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 48.34 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under s. 48.34 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.

77,652 Section 652 . 946.50 of the statutes is created to read:

946.50 Absconding. 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 years is guilty of the following:

(1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.

(2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.

(3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony is committed by an adult.

(4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.

(5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.

(6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.

77,653 Section 653 . 948.31 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

948.31 (1) (a) 2. The department of health and social services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has been transferred under ch. 48 or 938 to that department, person or agency.

77,654 Section 654 . 948.31 (1) (b) of the statutes is amended to read:

948.31 (1) (b) Except as provided under ch. chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

77,655 Section 655 . 948.40 (1) of the statutes is amended to read:

948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child as defined in s. 48.02 (3m). This subsection includes intentionally encouraging or contributing to an act by a child under the age of 12 10 which would be a delinquent act if committed by a child 12 10 years of age or older.

77,656 Section 656 . 948.40 (2) of the statutes is amended to read:

948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 12 10 that would be a delinquent act if committed by a child 12 10 years of age or older.

77,657 Section 657 . 948.50 (4) (b) of the statutes is amended to read:

948.50 (4) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

77,658 Section 658 . 948.60 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

948.60 (2) (d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 938 unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

77,659 Section 659 . 948.61 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

948.61 (4) A person under 17 years of age who has violated this section is subject to the provisions of ch. 48 938, unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

77,660 Section 660 . 950.02 (1m) of the statutes is amended to read:

950.02 (1m) “Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child, would constitute a delinquent act under ch. 48 938.

77,661 Section 661 . 967.04 (7) (a) (intro.) of the statutes is amended to read:

967.04 (7) (a) (intro.) In any criminal prosecution or any proceeding under ch. 48 or 938, any party may move the court to order the taking of a videotaped deposition of a child who has been or is likely to be called as a witness. Upon notice and hearing, the court may issue an order for such a deposition if the trial or hearing in which the child may be called will commence:

77,662 Section 662 . 967.04 (9) of the statutes is amended to read:

967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 304.06 (3) or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

77,663 Section 663 . 968.255 (1) (a) 3. of the statutes is amended to read:

968.255 (1) (a) 3. Taken into custody under s. 48.19 938.19 and there are reasonable grounds to believe the child has committed an act which if committed by an adult would be covered under subd. 1. or 2.

77,664 Section 664 . 968.255 (7) (b) of the statutes is amended to read:

968.255 (7) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

77,665 Section 665 . 969.01 (4) of the statutes is amended to read:

969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior criminal record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

77,666 Section 666 . 970.032 (title) and (1) of the statutes are amended to read:

970.032 (title) Preliminary examination; child accused of committing assault or battery in a secured correctional facility child under original adult court jurisdiction. (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child who is accused of violating s. 940.20 (1) or 946.43 while placed in a secured correctional facility, as defined in s. 48.02 (15m) subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first determine whether there is probable cause to believe that the child has committed a violation of s. 940.20 (1) or 946.43 while placed in a secured correctional facility, as defined in s. 48.02 (15m) the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable. If the court does not make that finding, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48 938.

77,667 Section 667 . 970.032 (2) (intro.) of the statutes 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 ch. chs. 48 and 938. The court shall retain jurisdiction unless the court finds all of the following:

77,668 Section 668 . 970.032 (2) (b) of the statutes is amended to read:

970.032 (2) (b) That transferring jurisdiction to the court assigned to exercise jurisdiction under ch. chs. 48 and 938 would not depreciate the seriousness of the offense.

77,669 Section 669 . 970.032 (2) (c) of the statutes is amended to read:

970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child or other children from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 48.02 (15m) the violation of which the child is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c), whichever is applicable.

77,670 Section 670 . 970.035 of the statutes is amended to read:

970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 48.18 938.18 for a violation which is alleged to have occurred prior to his or her 16th 15th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.01 has been attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or , 943.10 (2) or 943.32 (2) has been committed or that a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48 938.

77,671 Section 671 . 971.105 of the statutes is amended to read:

971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings under s. 48.335 involving a child victim or witness, as defined in s. 950.02, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

77,672 Section 672 . 972.14 (3) of the statutes is amended to read:

972.14 (3) (a) Before pronouncing sentence in a felony case, the court shall also allow a victim or family member of a homicide victim to make a statement or submit a written statement to be read in court. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the sentence.

(b) After a conviction in a felony case, if the district attorney knows of a victim or family member of a homicide or felony murder victim, the district attorney shall attempt to contact that person to inform him or her of the right to make or provide a statement under par. (a). The district attorney may mail a letter or form to comply with this paragraph. Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.

77,673 Section 673 . 976.08 of the statutes is amended to read:

976.08 Additional applicability. In this chapter, “prisoner" includes any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age or older.

77,674 Section 674 . 977.02 (3) of the statutes is amended to read:

977.02 (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children who are entitled to be represented by counsel under s. 48.23 or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.

77,675 Section 675 . 977.02 (4r) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

977.02 (4r) Promulgate rules that establish procedures to provide the department of administration with any information concerning the collection of payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1).

77,676 Section 676 . 977.03 (2m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

977.03 (2m) The board may promulgate rules that establish procedures to collect payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1) from a prisoner's prison financial account.

77,677 Section 677 . 977.05 (4) (gm) of the statutes is amended to read:

977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children who are entitled to be represented by counsel under s. 48.23 or 938.23, appoint counsel in accordance with contracts and policies of the board and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

77,678 Section 678 . 977.05 (4) (h) of the statutes is amended to read:

977.05 (4) (h) Accept requests for legal services from children who are entitled to be represented by counsel under s. 48.23 or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

77,679 Section 679 . 977.05 (4) (i) 5. of the statutes is amended to read:

977.05 (4) (i) 5. Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23.

77,680 Section 680 . 977.05 (6) (cm) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

977.05 (6) (cm) 2. The child is not yet subject to a proceeding under ch. 48 or 938 for which counsel is required under s. 48.23 or 938.23 or for which counsel may be appointed under s. 48.23 or 938.23.

77,681 Section 681 . 977.06 (1m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

977.06 (1m) Application for representation. The state public defender shall request each person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23 or 938.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse and dependent children, if any.

77,682 Section 682 . 977.06 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23 or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

77,683 Section 683 . 977.06 (2) (am) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23 or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).