Amendment AA26-AB130

AB130-AA26, s. 47r Section 47r. 46.26 (4) (cm) 4. of the statutes is created to read:

AB130-AA26,11,8 46.26 (4) (cm) 4. The per person daily reimbursement rate to juvenile and adult correctional institutions under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. to 4. for care in a juvenile or adult correctional institution.".

AB130-AA26,11,10 19. Page 41, line 12: delete "48.366 ss. 938.183 (2) and 938.366" and substitute "ss. 48.366 and 938.183 (2)".

AB130-AA26,11,11 20. Page 41, line 19: delete lines 19 to 25.

AB130-AA26,11,12 21. Page 42, line 1: delete lines 1 to 17 and substitute:

AB130-AA26,11,13 " Section 51m. 46.26 (4) (d) 3. of the statutes is amended to read:

AB130-AA26,11,22 46.26 (4) (d) 3. In calendar year 1994 Beginning January 1, 1996, and ending June 30, 1996, the per person daily cost assessment to counties shall be $111.73 for care in a juvenile correctional institution, $111.73 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for departmental corrective sanctions services and $12.96 for departmental aftercare services.

AB130-AA26, s. 51p Section 51p. 46.26 (4) (d) 3m. of the statutes is created to read:

AB130-AA26,12,10 46.26 (4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the per person daily cost assessment to counties shall be $111.73 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children transferred from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.".

AB130-AA26,12,11 22. Page 43, line 6: delete lines 6 to 11 and substitute:

AB130-AA26,12,12 " Section 52m. 46.26 (4) (dm) of the statutes is amended to read:

AB130-AA26,12,17 46.26 (4) (dm) The department of health and social services shall promulgate rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a person in an adult correctional institution. The rate shall not vary according to the adult correctional institution where a person is placed. The rate shall reflect the average daily cost associated with maintaining prisoners in adult correctional institutions.

AB130-AA26, s. 53m Section 53m. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.".

AB130-AA26,12,20 23. Page 45, line 11: delete "offenses" and substitute "offenses arrests".

AB130-AA26,12,21 24. Page 48, line 5: after that line insert:

AB130-AA26,12,22 " Section 73m. 48.02 (1) of the statutes is amended to read:

AB130-AA26,13,2 48.02 (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, s. 73p Section 73p. 48.02 (2) of the statutes is amended to read:

AB130-AA26,13,7 48.02 (2) "Child" 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, "child" does not include a person who has attained 17 years of age.".

AB130-AA26,13,8 25. Page 48, line 9: delete that line and substitute:

AB130-AA26,13,9 " Section 75m. 48.02 (3m) of the statutes is amended to read:

AB130-AA26,13,13 48.02 (3m) "Delinquent" means a child who is less than 18 17 years of age and 12 years of age or older who has violated any state or federal criminal law, except as provided in ss. 48.17, 48.18 and 48.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 48.355 (6g).

AB130-AA26, s. 75p Section 75p. 48.02 (3m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.".

AB130-AA26,13,16 26. Page 48, line 13: after that line insert:

AB130-AA26,13,18 " Section 77m. 48.02 (15m) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,13,23 48.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 48.532 is operated.".

AB130-AA26,13,24 27. Page 48, line 14: after "377" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,14,1 28. Page 53, line 6: after that line insert:

AB130-AA26,14,3 " Section 92m. 48.065 (3) (f) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,14,4 48.065 (3) (f) Make any dispositional order under s. 48.34 (4g) or (4m).".

AB130-AA26,14,5 29. Page 53, line 7: after "377" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,14,7 30. Page 54, line 14: before "is" insert ", as affected by 1995 Wisconsin Act .... (this act),".

AB130-AA26,14,8 31. Page 54, line 14: delete that line and substitute:

AB130-AA26,14,9 " Section 103m. 48.12 (1) of the statutes is amended to read:

AB130-AA26,14,12 48.12 (1) The court has exclusive jurisdiction, except as provided in ss. 48.17, 48.18 and 48.183, over any child who is less than 17 years of age and 12 years of age or older and who is alleged to be delinquent as defined in s. 48.02 (3m).

AB130-AA26, s. 103p Section 103p. 48.12 (2) of the statutes is amended to read:

AB130-AA26,14,21 48.12 (2) If a court proceeding has been commenced under this section before a child is 18 17 years of age, but the child becomes 18 17 years of age before admitting the facts of the petition at the plea hearing or if the child denies the facts, before an adjudication, the court retains jurisdiction over the case to dismiss the action with prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree. If the court finds that the child has failed to fulfill the express terms and conditions of the consent decree or the child objects to the continuation of the consent decree, the court may waive its jurisdiction.".

AB130-AA26,14,22 32. Page 55, line 18: delete lines 18 and 19 and substitute:

AB130-AA26,14,23 " Section 114d. 48.18 (title) and (1) of the statutes are repealed.

AB130-AA26, s. 114g Section 114g. 48.18 (2) of the statutes is repealed.

AB130-AA26, s. 114j Section 114j. 48.18 (2m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-AA26, s. 114m Section 114m. 48.18 (3) of the statutes is repealed.

AB130-AA26, s. 114p Section 114p. 48.18 (4) of the statutes is repealed.

AB130-AA26, s. 114r Section 114r. 48.18 (5) (intro.) of the statutes is repealed.

AB130-AA26, s. 114v Section 114v. 48.18 (5) (a) of the statutes is repealed.

AB130-AA26, s. 115d Section 115d. 48.18 (5) (b) of the statutes is repealed.

AB130-AA26, s. 115g Section 115g. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,15,14 48.18 (5) (c) The adequacy and suitability of facilities, services and procedures available for treatment of the child and protection of the public within the juvenile justice system, and, where applicable, the mental health system and the suitability of the child for placement in the youthful offender program under s. 48.537 or the adult intensive sanctions program under s. 301.048.

AB130-AA26, s. 115j Section 115j. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-AA26, s. 115m Section 115m. 48.18 (5) (d) of the statutes is repealed.

AB130-AA26, s. 115p Section 115p. 48.18 (6) of the statutes is repealed.

AB130-AA26, s. 115r Section 115r. 48.18 (8) of the statutes is repealed.

AB130-AA26, s. 115v Section 115v. 48.18 (9) of the statutes is repealed.".

AB130-AA26,15,21 33. Page 56, line 7: after that line insert:

AB130-AA26,15,23 " Section 119m. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,16,5 48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department of health and social services or a county department, or of corrective sanctions supervision administered by the department of health and social services or youthful offender supervision administered by the department of corrections.".

AB130-AA26,16,6 34. Page 56, line 9: after "377" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,16,7 35. Page 58, line 18: delete lines 18 to 23 and insert:

AB130-AA26,16,9 " Section 135m. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,16,14 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, or corrective sanctions or youthful offender supervision.

AB130-AA26, s. 135p Section 135p. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,16,18 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.

AB130-AA26, s. 135r Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-AA26,17,4 48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare, or corrective sanctions or youthful offender supervision. For children on aftercare, or corrective sanctions or youthful offender supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.".

AB130-AA26,17,5 36. Page 58, line 25: after "385" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,17,6 37. Page 60, line 20: delete lines 20 to 25.

AB130-AA26,17,7 38. Page 61, line 1: delete lines 1 to 3 and substitute:

AB130-AA26,17,9 " Section 148m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,17,16 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer legal custody of the child to the department of corrections for participation in the youthful offender program or transfer jurisdiction over the child to adult court.

AB130-AA26, s. 148p Section 148p. 48.23 (1) (a) 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-AA26,17,23 48.23 (1) (a) Any child held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver.".

AB130-AA26,17,24 39. Page 66, line 7: after that line insert:

AB130-AA26,18,1 " Section 177m. 48.255 (1) (intro.) of the statutes is amended to read:

AB130-AA26,18,7 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, "In the interest of (child's name), a person under the age of 18", and. A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity:

AB130-AA26, s. 177p Section 177p. 48.255 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,18,12 48.255 (1) (intro.) A petition initiating proceedings under this chapter shall be entitled, "In the interest of (child's name), a person under the age of 18", and shall set forth with specificity:".

AB130-AA26,18,13 40. Page 68, line 23: delete lines 23 to 25.

AB130-AA26,18,14 41. Page 69, line 1: delete lines 1 to 8 and substitute:

AB130-AA26,18,15 " Section 190m. 48.275 (2) (a) of the statutes is amended to read:

AB130-AA26,19,2 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to provide a statement of income, assets and living expenses to the county department and shall order that parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB130-AA26, s. 190p Section 190p. 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,19,13 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.13, the court shall order the child's parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB130-AA26, s. 190r Section 190r. 48.275 (2) (b) of the statutes is amended to read:

AB130-AA26,19,23 48.275 (2) (b) If this state provides the child with legal counsel and the court orders reimbursement under par. (a), the county department shall child's parent may request the state public defender to determine whether the parent is indigent as provided under s. 977.07 and shall determine the amount of reimbursement. If the parent is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under s. 977.02 (3).".

AB130-AA26,19,24 42. Page 82, line 16: delete that line and substitute:

AB130-AA26,20,2 " Section 263k. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).

AB130-AA26, s. 263m Section 263m. 48.34 (10) (a) of the statutes is amended to read:

AB130-AA26,20,6 48.34 (10) (a) The judge may order that a child, on attaining 17 or more years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.

AB130-AA26, s. 263p Section 263p. 48.34 (10) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 48.345 (10) (a).