AB130-SSA1,409,118 980.015 (2) (b) The anticipated release from a secured correctional facility, as
9defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in
10s. 938.02 (15g),
of a person adjudicated delinquent under s. 48.34 938.34 on the basis
11of a sexually violent offense.
AB130-SSA1, s. 694 12Section 694. 980.02 (1) (b) 2. of the statutes is amended to read:
AB130-SSA1,409,1613 980.02 (1) (b) 2. The county in which the person will reside or be placed upon
14his or her discharge from a sentence, release on parole, release from imprisonment,
15from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured
16child caring institution, as defined in s. 938.02 (15g),
or from a commitment order.
AB130-SSA1, s. 695 17Section 695. 980.02 (2) (ag) of the statutes is amended to read:
AB130-SSA1,409,2418 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole
19or otherwise, from a sentence that was imposed for a conviction for a sexually violent
20offense from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a
21secured child caring institution, as defined in s. 938.02 (15g),
if the person was placed
22in the facility for being adjudicated delinquent under s. 48.34 938.34 on the basis of
23a sexually violent offense or from a commitment order that was entered as a result
24of a sexually violent offense.
AB130-SSA1, s. 696 25Section 696. 980.02 (4) (am) of the statutes is amended to read:
AB130-SSA1,410,5
1980.02 (4) (am) The circuit court for the county in which the person will reside
2or be placed upon his or her discharge from a sentence, release on parole, release from
3imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02
4(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a
5commitment order.
AB130-SSA1, s. 697 6Section 697. 980.02 (4) (b) of the statutes is amended to read:
AB130-SSA1,410,107 980.02 (4) (b) The circuit court for the county in which the person is in custody
8under a sentence, a placement to a secured correctional facility, as defined in s. 48.02
9938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
10a commitment order.
AB130-SSA1, s. 698 11Section 698. 980.04 (1) of the statutes is amended to read:
AB130-SSA1,410,2412 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review
13the petition to determine whether to issue an order for detention of the person who
14is the subject of the petition. The person shall be detained only if there is cause to
15believe that the person is eligible for commitment under s. 980.05 (5). A person
16detained under this subsection shall be held in a facility approved by the department.
17If the person is serving a sentence of imprisonment, is in a secured correctional
18facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as
19defined in s. 938.02 (15g),
or is committed to institutional care, and the court orders
20detention under this subsection, the court shall order that the person be transferred
21to a detention facility approved by the department. A detention order under this
22subsection remains in effect until the person is discharged after a trial under s.
23980.05 or until the effective date of a commitment order under s. 980.06, whichever
24is applicable.
AB130-SSA1, s. 699
1Section 699. 990.01 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
2is amended to read:
AB130-SSA1,411,63 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years,
4except that for purposes of prosecuting a person who is alleged to have violated any
5state or federal criminal law or any civil law or municipal ordinance, "adult" means
6a person who has attained the age of 17 years.
AB130-SSA1, s. 700 7Section 700. 990.01 (20) of the statutes, as affected by 1995 Wisconsin Act 27,
8is amended to read:
AB130-SSA1,411,129 990.01 (20) Minor. "Minor" means a person who has not attained the age of
1018 years, except that for purposes of prosecuting a person who is alleged to have
11violated a state or federal criminal law or any civil law or municipal ordinance,
12"minor" does not include a person who has attained the age of 17 years.
AB130-SSA1, s. 701 13Section 701. 1995 Wisconsin Act 27, section 9126 (23) (f) 5. is amended to read:
AB130-SSA1,411,2114[1995 Wisconsin Act 27] Section 9126 (23) (f) 5. On the effective date of this
15subdivision, 6.1 FTE GPR positions in the division of management services in the
16department of health and social services funded from the appropriation under
17section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, and the
18incumbent employes holding those positions are transferred to the department of
19corrections, and the positions become 3.0 6.1 FTE GPR positions to be funded from
20the appropriation under section 20.410 (1) (a) of the statutes, as affected by the acts
21of 1995.
AB130-SSA1, s. 9112 22Section 9112. Nonstatutory provisions; corrections.
AB130-SSA1,412,12 23(1g)Juvenile correctional institution rates. No later than January 15,
241996, the secretary of corrections shall submit to the secretary of administration and
25to the cochairpersons of the joint committee on finance proposed rates under section

1301.26 (4) (d) 3m. of the statutes, as created by 1995 Wisconsin Act 27, and section
2301.26 (4) (d) 4. of the statutes, as created by 1995 Wisconsin Act 27, for maintaining
3a child in a secured child caring institution, as defined in section 938.02 (15g) of the
4statutes, as created by this act. The rates may not vary according to the secured child
5caring institution in which a child is placed. The rates shall reflect the average daily
6cost associated with maintaining a child in a secured child caring institution. The
7secretary of administration shall evaluate the rates and, if the secretary of
8administration approves of the rates, the secretary of administration shall, no later
9than March 1, 1996, submit a report to the cochairpersons of the joint committee on
10finance containing proposed legislation providing for those rates effective on July 1,
111996. The department of health and social services shall assist the department of
12corrections in proposing those rates.
AB130-SSA1, s. 9310 13Section 9310. Initial applicability; circuit courts.
AB130-SSA1,412,21 14(1) Adult court jurisdiction over children. The treatment of sections 938.18
15(1) (a) 3., 938.183 (1) (b) and (c), 948.60 (2) (d) and 948.61 (4) of the statutes first
16applies to acts committed on the effective date of this subsection, but does not
17preclude the counting of a conviction or a waiver of jurisdiction under section 48.18
18of the statutes obtained, or a criminal proceeding commenced, before the effective
19date of this subsection for the purpose of conferring jurisdiction over a child on a court
20of criminal jurisdiction under section 938.183 (1) (b) or (c) of the statutes, as created
21by this act.
AB130-SSA1,412,25 22(2) Firearm possession penalties. The treatment of section 941.29 (2) of the
23statutes first applies to offenses committed on the effective date of this subsection,
24but does not preclude the counting of other offenses as prior offenses for purposes of
25sentencing a person.
AB130-SSA1,413,2
1(3) Substitution of a judge. The treatment of section 938.29 (1g) of the
2statutes first applies to petitions filed on the effective date of this subsection.
AB130-SSA1,413,4 3(4) No contest pleas. The treatment of section 938.30 (4) (bm) of the statutes
4first applies to pleas entered on the effective date of this subsection.
AB130-SSA1,413,9 5(5) Attendance at hearings, victim statements, court reports and disclosure
6of information to public.
The treatment of sections 120.12 (18), 938.299 (1) (a), (am)
7and (ar), 938.32 (1) (b) 1., 938.33 (3) (intro.), (4) (intro.), (4m) (intro.) and (a) and (5),
8938.335 (3m) (a), 938.396 (2m) and 972.14 (3) (a) of the statutes first applies to
9hearings held on the effective date of this subsection.
AB130-SSA1,413,15 10(6) Violations of dispositional orders. The treatment of sections 938.17 (2)
11(d) (with respect to failure to pay a forfeiture) and (h), 938.23 (1) (am), 938.34 (8) (with
12respect to failure to pay a forfeiture), 938.343 (2) (with respect to failure to pay a
13forfeiture) and 938.355 (6) (a), (an), (b) and (d) (intro.), 1. and 4., (6d) and (6g) (a) and
14(b) 1. of the statutes first applies to orders entered on the effective date of this
15subsection.
AB130-SSA1,413,17 16(7) Absconders. The treatment of section 946.50 of the statutes first applies
17to children who are adjudicated delinquent on the effective date of this subsection.
AB130-SSA1,413,20 18(8) Child custody hearings. The treatment of sections 938.208 (5), 938.21 (1)
19(a) and 938.534 (1) of the statutes first applies to children who are taken into custody
20or who enter a runway home on the effective date of this subsection.
AB130-SSA1,413,24 21(9) Deferred prosecution agreements and consent decrees. The treatment
22of sections 938.245 (2) (b) and 938.32 (2) (a) and (b) of the statutes first applies to
23deferred prosecution agreements and consent decrees entered into on the effective
24date of this subsection.
AB130-SSA1,414,3
1(10) Time limits in juvenile proceedings. The treatment of sections 938.24 (5),
2938.245 (7), 938.25 (2), 938.315 (1) (c) and (3) and 938.365 (6) of the statutes first
3applies to time periods beginning on the effective date of this subsection.
AB130-SSA1, s. 9400 4Section 9400. Effective dates. This act takes effect on July 1, 1996, or on
5the day after publication, whichever is later, except as follows:
AB130-SSA1,414,86 (2g) Youthful offender program. The amendment of section 48.065 (3) (f) of
7the statutes takes effect on December 1, 1995, or on the day after publication,
8whichever is later.
AB130-SSA1,414,169 (2m) Corrective sanctions program. The amendment of sections 46.22 (1) (c)
101. b., 46.26 (4) (d) 3., 48.02 (15m), 48.19 (1) (d) 6., 48.205 (1) (c), 48.208 (1), 48.357 (4),
11(4g) (b) and (d), (4m) and (5) (a), (b), (d), (e) and (g), 48.365 (7), 48.48 (13), 48.51 (1)
12(intro.), 48.533 (3), 48.78 (3), 101.123 (1) (i), 157.065 (2) (a) 4. c., 165.76 (1) (a) and
13(2) (b) 2. and 5., 227.03 (4), 302.31, 946.42 (1) (a), 946.44 (1) (a) and 946.45 (1) of the
14statutes and the creation of sections 48.02 (19) and (20), 48.533 (3) (b), 101.123 (3)
15(gg) and 302.386 (5) (c) of the statutes take effect of January 1, 1996, or on the day
16after publication, whichever is later.
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