Amendment AA26-AB130

AB130-AA26, s. 345m Section 345m. 48.51 (1) (a) of the statutes is repealed.

AB130-AA26, s. 345p Section 345p. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

AB130-AA26, s. 345r Section 345r. 48.51 (1) (c) of the statutes is repealed.

AB130-AA26, s. 345t Section 345t. 48.51 (2) of the statutes is repealed.

AB130-AA26, s. 345v Section 345v. 48.51 (3) of the statutes is repealed.".

AB130-AA26,31,6 61. Page 101, line 8: delete that line and substitute:

AB130-AA26,31,7 " Section 370g. 48.78 (2) (e) of the statutes is repealed.

AB130-AA26, s. 370m Section 370m. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,32,2 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful offender supervision, the department of health and social services or the department of corrections may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful offender program.

AB130-AA26, s. 370p Section 370p. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed.".

AB130-AA26,32,5 62. Page 102, line 5: delete "48.366 938.366" and substitute "48.366".

AB130-AA26,32,6 63. Page 126, line 22: delete lines 22 to 25.

AB130-AA26,32,7 64. Page 127, line 1: delete lines 1 to 10 and substitute:

AB130-AA26,32,9 " Section 427m. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,32,20 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that legal custody of the pupil has been transferred to the department of corrections or that the pupil has been placed in a juvenile correctional facility. In this subsection, "school" and "school district" include any state juvenile correctional facility which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.

AB130-AA26, s. 427p Section 427p. 118.125 (4) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,33,11 118.125 (4) Transfer of records. Within 5 working days, a school district shall transfer to another school or school district all pupil records relating to a specific pupil if the transferring school district has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any state juvenile correctional facility or secured child caring institution which provides an educational program for its residents instead of or in addition to that which is provided by public and private schools.".

AB130-AA26,33,12 65. Page 132, line 11: delete lines 11 to 18.

AB130-AA26,33,13 66. Page 133, line 8: delete lines 8 to 12.

AB130-AA26,33,14 67. Page 141, line 8: delete lines 8 to 13 and substitute:

AB130-AA26,33,15 " Section 477m. 161.573 (2) of the statutes is amended to read:

AB130-AA26,33,17 161.573 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

AB130-AA26, s. 477p Section 477p. 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,33,21 161.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB130-AA26, s. 478m Section 478m. 161.574 (2) of the statutes is amended to read:

AB130-AA26,33,24 161.574 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

AB130-AA26, s. 478p Section 478p. 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,34,4 161.574 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).".

AB130-AA26,34,5 68. Page 141, line 19: delete lines 19 to 21 and substitute:

AB130-AA26,34,6 " Section 480m. 161.575 (2) of the statutes is amended to read:

AB130-AA26,34,8 161.575 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

AB130-AA26, s. 480p Section 480p. 161.575 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,34,12 161.575 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).".

AB130-AA26,34,13 69. Page 144, line 23: delete lines 23 and 24.

AB130-AA26,34,14 70. Page 145, line 1: delete lines 1 to 7 and substitute:

AB130-AA26,34,16 " Section 494m. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,34,23 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) or youthful offender supervision under s. 48.537 (4), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB130-AA26, s. 494p Section 494p. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,35,9 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) or corrective sanctions supervision under s. 938.357 (5) or serious juvenile offender supervision under s. 938.538 (4), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.".

AB130-AA26,35,11 71. Page 150, line 9: delete "48.366 938.183 or 938.366 (8)" and substitute "48.366 (8) or 938.183".

AB130-AA26,35,12 72. Page 150, line 11: delete lines 11 to 14 and substitute:

AB130-AA26,35,14 " Section 508m. 301.03 (9m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-AA26, s. 508p Section 508p. 301.03 (9r) of the statutes is created to read:

AB130-AA26,35,17 301.03 (9r) Supervise all persons placed in the serious juvenile offender program under s. 938.538.".

AB130-AA26,35,18 73. Page 151, line 7: delete lines 7 to 13 and substitute:

AB130-AA26,35,20 " Section 513m. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,36,2 301.28 (1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of children at a secured correctional facility, as defined in s. 48.02 (15m), operated by the department.

AB130-AA26, s. 513p Section 513p. 301.28 (1) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,36,8 301.28 (1) In this section, "correctional officer" means any person classified as a correctional officer employed by the state whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of children at a secured correctional facility, as defined in s. 48.02 (15m).".

AB130-AA26,36,9 74. Page 151, line 15: delete that line and substitute:

AB130-AA26,36,11 "301.35 (2) (e) A participant in the serious juvenile offender program under s. 938.538.".

AB130-AA26,36,13 75. Page 152, line 1: delete "48.366 938.34 (4g) or 938.366" and substitute "48.366 or 938.34 (4h)".

AB130-AA26,36,15 76. Page 152, line 3: delete "48.366, 938.366 or 938.537" and substitute "48.366 or 938.538".

AB130-AA26,36,16 77. Page 152, line 4: delete lines 4 to 12.

AB130-AA26,36,17 78. Page 152, line 23: delete "48.366 938.366" and substitute "48.366".

AB130-AA26,36,18 79. Page 152 line 24: delete "(4g)" and substitute "(4h)".

AB130-AA26,36,19 80. Page 153, line 1: delete lines 1 to 18 and substitute:

AB130-AA26,36,21 " Section 521m. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-AA26,37,12 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, and persons who have attained the age of 18 17 years but have not attained the age of 25 years who are under the supervision of the department of health and social services under s. 48.355 (4) or 48.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

AB130-AA26, s. 521p Section 521p. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,38,3 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department of health and social services 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).".

AB130-AA26,38,4 81. Page 155, line 5: delete "youthful" and substitute "serious juvenile".

AB130-AA26,38,5 82. Page 155, line 6: delete "938.537" and substitute "938.538".

AB130-AA26,38,6 83. Page 155, line 9: delete lines 9 to 24.

AB130-AA26,38,7 84. Page 156, line 1: delete lines 1 and 2 and substitute:

AB130-AA26,38,9 " Section 527m. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,39,2 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the youthful offender program under s. 48.537 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB130-AA26, s. 527p Section 527p. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,39,20 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 938.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.".

AB130-AA26,39,21 85. Page 156, line 10: delete lines 10 to 12.

AB130-AA26,39,22 86. Page 173, line 15: delete lines 15 to 17 and substitute:

AB130-AA26,40,2 "(1) "Adult" means a person who is 18 years of age or older, except that for purposes of 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.".

AB130-AA26,40,3 87. Page 175, line 8: delete lines 8 to 10 and substitute:

AB130-AA26,40,7 "(10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of 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.".

AB130-AA26,40,8 88. Page 176, line 17: delete "938.537" and substitute "938.538".

AB130-AA26,40,10 89. Page 177, line 13: on lines 13 and 16, delete "938.537" and substitute "938.538".

AB130-AA26,40,11 90. Page 180, line 7: delete "(4g)" and substitute "(4h)".

AB130-AA26,40,12 91. Page 193, line 22: delete lines 22 to 25.

AB130-AA26,40,13 92. Page 194, line 1: delete lines 1 to 4 and substitute:

AB130-AA26,40,18 "(2r) If it appears that the child may be suitable for participation in the serious juvenile offender program under s. 938.538 or the adult intensive sanctions program under s. 301.048, the judge shall order the department of corrections to submit a written report analyzing the child's suitability for participation in those programs and recommending whether the child should be placed in either of those programs.".

AB130-AA26,40,20 93. Page 195, line 20: delete "youthful" and substitute "serious juvenile"; and delete "938.537" and substitute "938.538".

AB130-AA26,40,21 94. Page 218, line 13: delete "legal custody" and substitute "supervision".

AB130-AA26,40,22 95. Page 218, line 14: delete "youthful" and substitute "serious juvenile".

AB130-AA26,40,23 96. Page 219, line 7: delete lines 7 to 10.

AB130-AA26,41,2 97. Page 226, line 17: delete that line and substitute: "visions of ss. 938.17 and 938.18 if applicable.".

AB130-AA26,41,4 98. Page 240, line 14: delete lines 14 and 15 and substitute: "reimburse the state or county in accordance with par.".

AB130-AA26,41,6 99. Page 240, line 23: delete "county department shall" and substitute: "child's parent may request the state pubic defender to".

AB130-AA26,41,7 100. Page 242, line 9: delete lines 9 to 11.

AB130-AA26,41,8 101. Page 268, line 19: after "agency" insert ", as defined in s. 938.38 (1) (a),".