AB130-AA26,12,1713
46.26
(4) (dm) The department of health and social services shall promulgate
14rules to provide rates under par. (d) 2.,
3. and
to 4. for maintaining a person in an
15adult correctional institution. The rate shall not vary according to the adult
16correctional institution where a person is placed. The rate shall reflect the average
17daily cost associated with maintaining prisoners in adult correctional institutions.
AB130-AA26,13,223
48.02
(1) "Adult" means a person who is 18 years of age or older
, except that
24for purposes of prosecuting a person who is alleged to have violated any state or
1federal criminal law or any civil law or municipal ordinance, "adult" means a person
2who has attained 17 years of age.
AB130-AA26,13,74
48.02
(2) "Child" means a person who is less than 18 years of age
, except that
5for purposes of prosecuting a person who is alleged to have violated a state or federal
6criminal law or any civil law or municipal ordinance, "child" does not include a person
7who has attained 17 years of age.".
AB130-AA26,13,9
9"
Section 75m. 48.02 (3m) of the statutes is amended to read:
AB130-AA26,13,1310
48.02
(3m) "Delinquent" means a child who is less than
18 17 years of age and
1112 years of age or older who has violated any state or federal criminal law, except as
12provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court,
13as defined in s. 785.01 (1), as specified in s. 48.355 (6g).
AB130-AA26, s. 75p
14Section 75p. 48.02 (3m) of the statutes, as affected by 1995 Wisconsin Act ....
15(this act), is repealed.".
AB130-AA26,13,2319
48.02
(15m) "Secured correctional facility" means a correctional institution
20operated or contracted for by the department
of health and social services or the
21department of corrections for holding in secure custody persons adjudged
22delinquent. "Secured correctional facility" includes the facility at which the juvenile
23boot camp program under s. 48.532 is operated.".
AB130-AA26,14,44
48.065
(3) (f) Make any dispositional order under s. 48.34
(4g) or (4m).".
AB130-AA26,14,9
9"
Section 103m. 48.12 (1) of the statutes is amended to read:
AB130-AA26,14,1210
48.12
(1) The court has exclusive jurisdiction, except as provided in ss. 48.17,
1148.18 and 48.183, over any child
who is less than 17 years of age and 12 years of age
12or older
and who is alleged to be delinquent as defined in s. 48.02 (3m).
AB130-AA26,14,2114
48.12
(2) If a court proceeding has been commenced under this section before
15a child is
18 17 years of age, but the child becomes
18 17 years of age before admitting
16the facts of the petition at the plea hearing or if the child denies the facts, before an
17adjudication, the court retains jurisdiction over the case to dismiss the action with
18prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree.
19If the court finds that the child has failed to fulfill the express terms and conditions
20of the consent decree or the child objects to the continuation of the consent decree,
21the court may waive its jurisdiction.".
AB130-AA26,14,23
23"
Section 114d. 48.18 (title) and (1) of the statutes are repealed.
AB130-AA26,15,1410
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
11available for treatment of the child and protection of the public within the juvenile
12justice system, and, where applicable, the mental health system
and the suitability
13of the child for placement in the youthful offender program under s. 48.537 or the
14adult intensive sanctions program under s. 301.048.
AB130-AA26,16,5
148.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
2or aftercare supervision administered by the department
of health and social
3services or a county department
, or of corrective sanctions supervision administered
4by the department
of health and social services or youthful offender supervision
5administered by the department of corrections.".
AB130-AA26,16,1410
48.205
(1) (c) Probable cause exists to believe that the child will run away or
11be taken away so as to be unavailable for proceedings of the court or its officers or
12proceedings of the division of hearings and appeals in the department of
13administration for revocation of aftercare
, or corrective sanctions
or youthful
14offender supervision.
AB130-AA26,16,1817
48.205
(1) (c) Probable cause exists to believe that the child will run away or
18be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-AA26, s. 135r
19Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
20and 385, is amended to read:
AB130-AA26,17,421
48.208
(1) Probable cause exists to believe that the child has committed a
22delinquent act and either presents a substantial risk of physical harm to another
23person or a substantial risk of running away as evidenced by a previous act or
24attempt so as to be unavailable for a court hearing or a revocation hearing for
1children on aftercare
, or corrective sanctions
or youthful offender supervision. For
2children on aftercare
, or corrective sanctions
or youthful offender supervision, the
3delinquent act referred to in this section may be the act for which the child was placed
4in a secured correctional facility.".
AB130-AA26,17,9
8"
Section 148m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
9377, 385 and 491, is amended to read:
AB130-AA26,17,1610
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
11detention facility shall be represented by counsel at all stages of the proceedings, but
12a child 15 years of age or older may waive counsel if the court is satisfied that the
13waiver is knowingly and voluntarily made and the court accepts the waiver. If the
14waiver is accepted, the court may not place the child in a secured correctional facility
,
15transfer legal custody of the child to the department of corrections for participation
16in the youthful offender program or transfer jurisdiction over the child to adult court.
AB130-AA26, s. 148p
17Section 148p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
18377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
19read:
AB130-AA26,17,2320
48.23
(1) (a) Any child held in a secure detention facility shall be represented
21by counsel at all stages of the proceedings, but a child 15 years of age or older may
22waive counsel if the court is satisfied that the waiver is knowingly and voluntarily
23made and the court accepts the waiver.".
AB130-AA26,18,1
1"
Section 177m. 48.255 (1) (intro.) of the statutes is amended to read:
AB130-AA26,18,72
48.255
(1) (intro.) A petition initiating proceedings under this chapter
, other
3than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled,
4"In the interest of (child's name), a person under the age of 18"
, and. A petition
5initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest
6of (child's name), a person under the age of 17". A petition initiating proceedings
7under this chapter shall set forth with specificity:
AB130-AA26, s. 177p
8Section 177p. 48.255 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
9Act .... (this act), is repealed and recreated to read:
AB130-AA26,18,1210
48.255
(1) (intro.) A petition initiating proceedings under this chapter shall be
11entitled, "In the interest of (child's name), a person under the age of 18", and shall
12set forth with specificity:".
AB130-AA26,18,15
15"
Section 190m. 48.275 (2) (a) of the statutes is amended to read:
AB130-AA26,19,216
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
17to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent
to
18provide a statement of income, assets and living expenses to the county department
19and shall order that parent to reimburse the state or county in accordance with par.
20(b) or (c). The court may not order reimbursement if a parent is the complaining or
21petitioning party or if the court finds that the interests of the parent and the interests
22of the child in the proceeding are substantially and directly adverse and that
23reimbursement would be unfair to the parent. The court may not order
1reimbursement until the completion of the proceeding or until the state or county is
2no longer providing the child with legal counsel in the proceeding.
AB130-AA26, s. 190p
3Section 190p. 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is repealed and recreated to read:
AB130-AA26,19,135
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
6to a proceeding under s. 48.13, the court shall order the child's parent to reimburse
7the state or county in accordance with par. (b) or (c). The court may not order
8reimbursement if a parent is the complaining or petitioning party or if the court finds
9that the interests of the parent and the interests of the child in the proceeding are
10substantially and directly adverse and that reimbursement would be unfair to the
11parent. The court may not order reimbursement until the completion of the
12proceeding or until the state or county is no longer providing the child with legal
13counsel in the proceeding.
AB130-AA26,19,2315
48.275
(2) (b) If this state provides the child with legal counsel and the court
16orders reimbursement under par. (a), the
county department shall child's parent may
17request the state public defender to determine whether the parent is indigent as
18provided under s. 977.07 and shall determine the amount of reimbursement. If the
19parent is found not to be indigent, the amount of reimbursement shall be the
20maximum amount established by the public defender board. If the parent is found
21to be indigent in part, the amount of reimbursement shall be the amount of partial
22payment determined in accordance with the rules of the public defender board under
23s. 977.02 (3).".
AB130-AA26,20,2
1"
Section 263k. 48.34 (10) (title) of the statutes is renumbered 48.345 (10)
2(title).
AB130-AA26,20,64
48.34
(10) (a) The judge may order that a child
, on attaining 17
or more years
5of age
, be allowed to live independently, either alone or with friends, under such
6supervision as the judge deems appropriate.
AB130-AA26, s. 263p
7Section 263p. 48.34 (10) (a) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is renumbered 48.345 (10) (a).
AB130-AA26, s. 263r
9Section 263r. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).
AB130-AA26, s. 263t
10Section 263t. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).".
AB130-AA26,20,13
12"
Section 273m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin
13Acts 377, 385 and 491, is amended to read:
AB130-AA26,20,1514
48.345
(1) (a) Place the child in a secured correctional facility
or transfer the
15custody of the child to the department of corrections.".
AB130-AA26,20,19
19"
Section 284m. 48.35 (1) (c) of the statutes is amended to read:
AB130-AA26,20,2420
48.35
(1) (c) Disposition by the court assigned to exercise jurisdiction under this
21chapter of any allegation under s. 48.12 shall bar any future proceeding on the same
22matter in criminal court when the child reaches the age of
18 17. This paragraph
23does not affect proceedings in criminal court which have been transferred under s.
2448.18.
AB130-AA26, s. 284p
1Section 284p. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed.".