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 (this act), is repealed.".
AB130-AA26,21,6
5"
Section 288m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
6Acts 377, 385 and 491, is amended to read:
AB130-AA26,21,187
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
8this section shall terminate at the end of one year unless the judge specifies a shorter
9period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
10at the end of one year unless the judge specifies a shorter period of time. No extension
11under s. 48.365 of an original dispositional order may be granted for a child
whose
12legal custody has been transferred to the department of corrections under s. 48.34
13(4g) or who is under the supervision of the department of health and social services
14under s. 48.34 (4m) or (4n) or under the supervision of a county department under
15s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional
16order terminates. Any order made before the child reaches the age of majority shall
17be effective for a time up to one year after its entry unless the judge specifies a shorter
18period of time.
AB130-AA26, s. 288p
19Section 288p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts
20377, 385 and 491 and 1995 Wisconsin Act .... (this act), is renumbered 48.355 (4) and
21amended to read:
AB130-AA26,22,822
48.355
(4) Except as provided under
par. (b) or s. 48.368, all orders under this
23section shall terminate at the end of one year unless the judge specifies a shorter
24period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
1at the end of one year unless the judge specifies a shorter period of time.
No extension
2under s. 48.365 of an original dispositional order may be granted for a child or who
3is under the supervision of the department of health and social services under s.
448.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n)
5if the child is 18 years of age or older when the original dispositional order
6terminates. Any order made before the child reaches the age of majority shall be
7effective for a time up to one year after its entry unless the judge specifies a shorter
8period of time.
AB130-AA26,22,1811
48.355
(4) (b) An order under s. 48.34
(4g) or (4m) for which a child has been
12adjudicated delinquent is subject to par. (a), except that the judge may make an order
13under s. 48.34 (4m) apply for up to 2 years or until the child's 19th birthdate,
14whichever is earlier
, and the judge shall make an order under s. 48.34 (4g) apply for
155 years, if the child is adjudicated delinquent for committing an act that would be
16punishable as a Class B, C or D felony if committed by an adult, or until the child
17reaches 25 years of age, if the child is adjudicated delinquent for committing an act
18that would be punishable as a Class A felony if committed by an adult.
AB130-AA26,22,2522
48.355
(4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been
23adjudicated delinquent is subject to par. (a), except that the judge may make an order
24under s. 48.34 (4m) apply for up to 2 years or until the child's 18th birthdate,
25whichever is earlier.
AB130-AA26,23,106
48.365
(7) Nothing in this section may be construed to allow any changes in
7placement or revocation of aftercare
, or corrective sanctions
or youthful offender 8supervision. Revocation and other changes in placement may take place only under
9s. 48.357
or, for a child who is a participant in the youthful offender program, s.
1048.537.
AB130-AA26,23,1413
48.365
(7) Nothing in this section may be construed to allow any changes in
14placement. Changes in placement may take place only under s. 48.357.
AB130-AA26,23,2117
48.366
(1) (a) (intro.)
If Subject to par. (c), if the person committed any crime
18specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or
19948.04, is adjudged delinquent on that basis and is placed in a secured correctional
20facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction
21as follows:
AB130-AA26,24,323
48.366
(1) (b)
If Subject to par. (c), if the person committed a crime specified in
24s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged
1delinquent on that basis following transfer of jurisdiction under s. 970.032, the court
2shall enter an order extending its jurisdiction until the person reaches 21 years of
3age or until termination of the order under sub. (6), whichever occurs earlier.
AB130-AA26,24,75
48.366
(1) (c) A court may not enter an order extending its jurisdiction as
6provided in par. (a) or (b) with respect to any violation committed after December 31,
71995.
AB130-AA26,24,1610
48.366
(8) Transfer to or between facilities. The department may transfer
11a person subject to an order between secured correctional facilities. After the person
12attains the age of
18 17 years, the department may, after consulting with the
13department of corrections, place the person in a state prison named in s. 302.01. The
14department of corrections may transfer a person placed in a state prison under this
15subsection to or between state prisons named in s. 302.01 without petitioning for
16revision of the order under sub. (5) (a).".
AB130-AA26,24,19
18"
Section 309m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts
19377, 385 and 491, is amended to read:
AB130-AA26,25,520
48.38
(3) (a) If the child is alleged to be delinquent and is being held in a secure
21detention facility, juvenile portion of a county jail or shelter care facility, and the
22agency intends to recommend that the child be placed in a secured correctional
23facility
or the department of corrections intends to recommend that custody of the
24child be transferred to the department of corrections for participation in the youthful
1offender program, the agency is not required to submit the permanency plan unless
2the court does not accept the recommendation of the agency
or the department of
3corrections. If the court places the child in any facility outside of the child's home
4other than a secured correctional facility, the agency shall file the permanency plan
5with the court within 60 days after the date of disposition.".
AB130-AA26,25,13
948.39 Disposition by court bars criminal proceeding. Disposition by the
10court of any violation of state law coming within its jurisdiction under s. 48.12 bars
11any future criminal proceeding on the same matter in circuit court when the child
12reaches the age of
18 17. This section does not affect criminal proceedings in circuit
13court which were transferred under s. 48.18.
AB130-AA26, s. 311p
14Section 311p. 48.39 of the statutes, as affected by 1995 Wisconsin Act .... (this
15act), is repealed.
AB130-AA26,26,217
48.396
(1) Peace officers' records of children shall be kept separate from records
18of
persons 18 or older adults. Peace officers' records of children shall not be open to
19inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by
20order of the court. This subsection does not apply to the representatives of
21newspapers or other reporters of news who wish to obtain information for the
22purpose of reporting news without revealing the identity of the child involved, to the
23confidential exchange of information between the police and officials of the school
1attended by the child or other law enforcement or social welfare agencies or to
2children 16 or older who are transferred to the criminal courts.
AB130-AA26, s. 312p
3Section 312p. 48.396 (1) of the statutes, as affected by 1995 Wisconsin Act ....
4(this act), is repealed and recreated to read:
AB130-AA26,26,155
48.396
(1) Peace officers' records of children, other than children 17 years of
6age or over who come within the jurisdiction of the court under s. 938.125 or 938.13,
7shall be kept separate from records of adults. Peace officers' records of children,
8other than children 17 years of age or over who come within the jurisdiction of the
9court under s. 938.125 or 938.13, shall not be open to inspection or their contents
10disclosed except under s. 48.293 or by order of the court. This subsection does not
11apply to the representatives of newspapers or other reporters of news who wish to
12obtain information for the purpose of reporting news without revealing the identity
13of the child involved, to the confidential exchange of information between the police
14and officials of the school attended by the child or other law enforcement or social
15welfare agencies or to children 10 or over who are transferred to the criminal courts.".
AB130-AA26,26,17
17"
Section 328m. 48.44 (title) and (1) of the statutes are amended to read:
AB130-AA26,26,20
1848.44 (title)
Jurisdiction over persons
18 17 or older. (1) The court has
19jurisdiction over persons
18 17 or older as provided under ss. 48.355 (4) and 48.45 and
20as otherwise specifically provided in this chapter.
AB130-AA26,27,422
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
23described in s. 48.12 or 48.13 it appears that any person
18 17 or older has been guilty
24of contributing to, encouraging, or tending to cause by any act or omission, such
1condition of the child, the judge may make orders with respect to the conduct of such
2person in his or her relationship to the child, including orders determining the ability
3of the person to provide for the maintenance or care of the child and directing when,
4how and where funds for the maintenance or care shall be paid.
AB130-AA26, s. 328r
5Section 328r. 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is repealed and recreated to read:
AB130-AA26,27,137
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
8described in s. 48.13 it appears that any person 17 or older has been guilty of
9contributing to, encouraging, or tending to cause by any act or omission, such
10condition of the child, the judge may make orders with respect to the conduct of such
11person in his or her relationship to the child, including orders determining the ability
12of the person to provide for the maintenance or care of the child and directing when,
13how and where funds for the maintenance or care shall be paid.
AB130-AA26,27,17
17"
Section 335m. 48.48 (4m) (a) of the statutes is amended to read:
AB130-AA26,27,1818
48.48
(4m) (a) Is at least
18 17 years of age;
AB130-AA26,27,2221
48.48
(4m) (b) Was in the legal custody of the department or under its
22supervision under s. 48.34 (4m) or (4n) when the person reached
18 17 years of age;
AB130-AA26,28,2
148.48
(4m) (b) Was in the legal custody of the department when the person
2reached 17 years of age;".
AB130-AA26,28,126
48.48
(14) To pay maintenance, tuition and related expenses from the
7appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
8reached
18 17 years of age were students regularly attending a school, college or
9university or regularly attending a course of vocational or technical training
10designed to fit them for gainful employment, and who when reaching that age were
11in the legal custody of the department or under its supervision under s. 48.34 (4m)
12or (4n) as a result of a judicial decision.
AB130-AA26,28,2015
48.48
(14) To pay maintenance, tuition and related expenses from the
16appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
17reached 17 years of age were students regularly attending a school, college or
18university or regularly attending a course of vocational or technical training
19designed to fit them for gainful employment, and who when reaching that age were
20in the legal custody of the department as a result of a judicial decision.".
AB130-AA26,28,23
22"
Section 341m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377
23and 385, is amended to read:
AB130-AA26,29,12
148.49 (title)
Notification by court of transfer to department of
2corrections or of placement with department of health and social services;
3information for those departments department. (1) When the court places a
4child in a secured correctional facility
under the supervision of the department of
5health and social services or transfers legal custody of a child to the department of
6corrections, the court shall immediately notify the department
to which the child's
7legal custody is transferred or under whose supervision the child is placed of that
8action. The court shall, in accordance with procedures established by the
9department
to which the child's legal custody is transferred or under whose
10supervision the child is placed, provide transportation for the child to a receiving
11center designated by that department or deliver the child to personnel of that
12department.
AB130-AA26,29,20
13(2) When the court places a child in a secured correctional facility
under the
14supervision of the department of health and social services or transfers legal custody
15of a child to the department of corrections, the court and all other public agencies
16shall also immediately transfer to the department
to which the child's legal custody
17is transferred or under whose supervision the child is placed a copy of the report
18submitted to the court under s. 48.33 and all other pertinent data in their possession
19and shall immediately notify the child's last school district in writing of its obligation
20under s. 118.125 (4).".
AB130-AA26,30,10
148.505 (title)
Children placed in a secured correctional facility or on
2aftercare. The When a child is under the supervision of the department under s.
348.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county
4department under s. 48.34 (4n), the department
or county department having
5supervision over the child shall have the right and duty to protect, train, discipline,
6treat and confine
a child who is placed in a secured correctional facility under s. 48.34
7(4m), 48.357 (4) or (5) (e) or 48.366, the child and to provide food, shelter, legal
8services, education and ordinary medical and dental care for the child, subject to the
9rights, duties and responsibilities of the guardian of the child and subject to any
10residual parental rights and responsibilities and the provisions of any court order.".
AB130-AA26, s. 345d
16Section 345d. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
17Acts 377 and 385, is amended to read:
AB130-AA26,30,2118
48.51
(1) (intro.) At least 15 days prior to the date of release of a child from a
19secured correctional facility or a placement in the community under the corrective
20sanctions program
or the youthful offender program, the department
of health and
21social services or the department of corrections shall:
AB130-AA26, s. 345g
22Section 345g. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
23Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-AA26, s. 345p
1Section 345p. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts
2377 and 385, is repealed.
AB130-AA26,31,7
7"
Section 370g. 48.78 (2) (e) of the statutes is repealed.
AB130-AA26,32,210
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
11941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
12941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
13943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
14948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
15correctional facility, has been allowed to leave a secured correctional facility for a
16specified time period and is absent from the facility for more than 12 hours after the
17expiration of the specified period or has run away from the child's placement in the
18community while under corrective sanctions
or youthful offender supervision, the
19department
of health and social services or the department of corrections may
20release the child's name and any information about the child that is necessary for the
21protection of the public or to secure the child's return to the facility or placement.
22The department
of health and social services shall promulgate rules establishing
23guidelines for the release of the child's name or information about the child to the
24public
, except that the department of corrections shall promulgate rules establishing
1guidelines for the release to the public of the name of a child, or information about
2a child, who is a participant in the youthful offender program.
