AB130-SSA1,390,13
12938.795 Powers of the department. The department may do all of the
13following:
AB130-SSA1,390,16
14(1) Collect and collaborate with other agencies in collecting statistics and
15information useful in determining the cause and amount of delinquency and crime
16in this state or in carrying out the powers and duties of the department.
AB130-SSA1,390,20
17(2) Assist communities in their efforts to combat delinquency and social
18breakdown likely to cause delinquency and crime and assist them in setting up
19programs for coordinating the total community program, including the improvement
20of law enforcement.
AB130-SSA1,390,23
21(3) Assist schools in extending their particular contribution in locating and
22helping juveniles vulnerable to delinquency and crime and in improving their
23services to all youth.
AB130-SSA1,390,25
24(4) Develop and maintain an enlightened public opinion in support of a
25program to control delinquency and crime.
AB130-SSA1,391,3
2938.988 Interstate placement of juveniles. Sections 48.988 and 48.989
3apply to the interstate placement of juveniles.
AB130-SSA1,391,85
939.62
(3) (a) In case of crimes committed in this state, the terms do not include
6motor vehicle offenses under chs. 341 to 349 and offenses handled through
court 7proceedings
in the court assigned to exercise jurisdiction under
ch. chs. 48
and 938,
8but otherwise have the meanings designated in s. 939.60.
AB130-SSA1,391,1710
939.62
(3) (b) In case of crimes committed in other jurisdictions, the terms do
11not include those crimes which are equivalent to motor vehicle offenses under chs.
12341 to 349 or to offenses handled through
court proceedings
in the court assigned to
13exercise jurisdiction under
ch. chs. 48
and 938. Otherwise, felony means a crime
14which under the laws of that jurisdiction carries a prescribed maximum penalty of
15imprisonment in a prison or penitentiary for one year or more. Misdemeanor means
16a crime which does not carry a prescribed maximum penalty sufficient to constitute
17it a felony and includes crimes punishable only by a fine.
AB130-SSA1, s. 633
18Section
633. 939.635 (title) and (1) of the statutes are amended to read:
AB130-SSA1,392,6
19939.635 (title)
Penalties; assault or battery in secured juvenile
20correctional facility facilities or to aftercare agent. (1) Except as provided in
21sub. (2), if a person
who has been adjudicated delinquent is convicted of violating s.
22940.20 (1) while placed in a secured correctional facility, as defined in s.
48.02 (15m) 23938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child
24caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment
25unit under s. 46.043 or is convicted of violating s. 940.20 (2m), the court shall
1sentence the person to not less than 3 years of imprisonment. Except as provided in
2sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured
3correctional facility, as defined in s.
48.02 (15m)
938.02 (15m), a secure detention
4facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in
5s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043, the court
6shall sentence the person to not less than 5 years of imprisonment.
AB130-SSA1,392,148
939.635
(2) (b) That imposing the applicable presumptive minimum sentence
9specified in sub. (1) is not necessary to deter the person or other persons from
10committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed
11in a secured correctional facility, as defined in s.
48.02 (15m) 938.02 (15m), a secure
12detention facility, as defined in s. 938.02 (16), a secured child caring institution, as
13defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or
14from committing violations of s. 940.20 (2m).
AB130-SSA1,392,1716
940.20
(2m) (title)
Battery to probation and parole agents and aftercare
17agents. (a) In this subsection
, "probation:
AB130-SSA1,392,19
182. "Probation and parole agent" means any person authorized by the
19department of corrections to exercise control over a probationer or parolee.
AB130-SSA1,392,2420
(b) Whoever intentionally causes bodily harm to a probation and parole agent
21or an aftercare agent, acting in an official capacity and the person knows or has
22reason to know that the victim is a probation and parole agent
or an aftercare agent,
23by an act done without the consent of the person so injured, is guilty of a Class D
24felony.
AB130-SSA1,393,2
1940.20
(2m) (a) 1. "Aftercare agent" means any person authorized by the
2department of corrections to exercise control over a juvenile on aftercare.
AB130-SSA1,393,94
941.29
(2) Any person specified in sub. (1) who, subsequent to the conviction
5for the felony or other crime, as specified in sub. (1), subsequent to the adjudication,
6as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not
7responsible by reason of insanity or mental disease, defect or illness, possesses a
8firearm is guilty of a Class E felony.
Whoever violates this section after being
9convicted under this section is guilty of a Class D felony.
AB130-SSA1,393,1311
943.51
(1) (intro.) Any person who incurs injury to his or her business or
12property as a result of a violation of s. 943.50 may bring a civil action against any
13individual
14 years of age or older who caused the loss for all of the following:
AB130-SSA1,394,416
946.42
(1) (a) "Custody" includes without limitation actual custody of an
17institution, including a secured juvenile correctional facility, a secure detention
18facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
19peace officer or institution guard and constructive custody of prisoners and juveniles
20subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily
21outside the institution whether for the purpose of work, school, medical care, a leave
22granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
23otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
24county to which the prisoner was transferred after conviction.
"
Custody" also
25includes the custody by the department of health and social services of a child who
1is placed in the community under corrective sanctions supervision under s. 48.533. 2It does not include the custody of a probationer or parolee by the department of
3corrections or a probation or parole officer or the custody of a person who has been
4released to aftercare supervision under ch. 48 unless the person is in actual custody.
AB130-SSA1, s. 639
5Section
639. 946.42 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
627, section 7233p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,394,197
946.42
(1) (a) "Custody" includes without limitation actual custody of an
8institution, including a secured juvenile correctional facility, a secured child caring
9institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s.
10938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution
11guard and constructive custody of prisoners and juveniles subject to an order under
12s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside
13the institution whether for the purpose of work, school, medical care, a leave granted
14under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise.
15Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to
16which the prisoner was transferred after conviction. It does not include the custody
17of a probationer or parolee by the department of corrections or a probation or parole
18officer or the custody of a person who has been released to aftercare supervision
19under ch. 938 unless the person is in actual custody.
AB130-SSA1,394,2321
946.42
(1) (c) "Legal arrest" includes without limitation an arrest pursuant to
22process fair on its face notwithstanding insubstantial irregularities and also
23includes taking a child into custody under s.
48.19
938.19.
AB130-SSA1,395,4
1946.42
(2) (b) Lawfully taken into custody under s.
48.19 938.19 for a violation
2of or lawfully alleged or adjudged under ch.
48 938 to have violated a statutory traffic
3regulation, a statutory provision for which the penalty is a forfeiture or a municipal
4ordinance.
AB130-SSA1,395,86
946.42
(3) (b) Lawfully taken into custody under s.
48.19 938.19 for or lawfully
7alleged or adjudged under ch.
48 938 to be delinquent on the basis of a violation of
8a criminal law.
AB130-SSA1, s. 643
9Section
643. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts
10377 and 385, is amended to read:
AB130-SSA1,395,1311
946.42
(3) (c) Subject to a disposition under s.
48.34 (4g) 938.34 (4h) or (4m),
12to a placement under s.
48.357 938.357 (4) or to aftercare revocation under s.
48.357 13938.357 (5) (e).
AB130-SSA1,395,1916
946.44
(1) (a) Any officer or employe of an institution where prisoners are
17detained
or any officer or employe providing corrective sanctions supervision under
18s. 48.533 who intentionally permits a prisoner in the officer's or employe's custody
19to escape; or
AB130-SSA1, s. 645
20Section
645. 946.44 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts
2127 and .... (this act), is repealed and recreated to read:
AB130-SSA1,395,2422
946.44
(1) (a)
Any officer or employe of an institution where prisoners are
23detained who intentionally permits a prisoner in the officer's or employe's custody
24to escape; or
AB130-SSA1,396,43
946.44
(2) (c) "Institution" includes a secured juvenile correctional facility and
4a secured child caring institution
, as defined in s. 938.02 (15g).
AB130-SSA1,396,107
946.44
(2) (d) "Prisoner" includes a person who is under the supervision of the
8department of corrections under s.
48.34 938.34 (4h) or placed in a secured
9correctional facility or secured child caring institution under s.
48.34 938.34 (4m) or
1048.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.
AB130-SSA1,396,1613
946.45
(1) Any officer or employe of an institution where prisoners are detained
14or any officer or employe providing corrective sanctions supervision under s. 48.533 15who, through his or her neglect of duty, allows a prisoner in his or her custody to
16escape is guilty of a Class B misdemeanor.
AB130-SSA1, s. 649
17Section
649. 946.45 (1) of the statutes, as affected by 1995 Wisconsin Acts 27
18and .... (this act), is repealed and recreated to read:
AB130-SSA1,396,2119
946.45
(1) Any officer or employe of an institution where prisoners are detained
20who, through his or her neglect of duty, allows a prisoner in his or her custody to
21escape is guilty of a Class B misdemeanor.
AB130-SSA1,396,2524
946.45
(2) (c) "Institution" includes a secured juvenile correctional facility and
25a secured child caring institution
, as defined in s. 938.02 (15g).
AB130-SSA1,397,63
946.45
(2) (d) "Prisoner" includes a person who is under the supervision of the
4department of corrections under s.
48.34 938.34 (4h) or placed in a secured
5correctional facility or secured child caring institution under s.
48.34 938.34 (4m) or
648.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366.
AB130-SSA1,397,12
8946.50 Absconding. Any person who is adjudicated delinquent, but who
9intentionally fails to appear before the court assigned to exercise jurisdiction under
10chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does
11not return to that court for a dispositional hearing before attaining the age of 17 years
12is guilty of the following:
AB130-SSA1,397,14
13(1) A Class A felony, if the person was adjudicated delinquent for committing
14an act that would be a Class A felony if committed by an adult.
AB130-SSA1,397,16
15(2) A Class B felony, if the person was adjudicated delinquent for committing
16an act that would be a Class B felony if committed by an adult.
AB130-SSA1,397,18
17(3) A Class C felony, if the person was adjudicated delinquent for committing
18an act that would be a Class C felony is committed by an adult.
AB130-SSA1,397,20
19(4) A Class D felony, if the person was adjudicated delinquent for committing
20an act that would be a Class D felony if committed by an adult.
AB130-SSA1,397,22
21(5) A Class E felony, if the person was adjudicated delinquent for committing
22an act that would be a Class E felony if committed by an adult.
AB130-SSA1,397,24
23(6) A Class A misdemeanor, if the person was adjudicated delinquent for
24committing an act that would be a misdemeanor if committed by an adult.
AB130-SSA1,398,63
948.31
(1) (a) 2. The department of health and social services or the department
4of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or
5licensed child welfare agency, if custody
or supervision of the child has been
6transferred under ch. 48
or 938 to that department, person or agency.
AB130-SSA1,398,168
948.31
(1) (b) Except as provided under
ch. chs. 48
and 938, whoever
9intentionally causes a child to leave, takes a child away or withholds a child for more
10than 12 hours beyond the court-approved period of physical placement or visitation
11period from a legal custodian with intent to deprive the custodian of his or her
12custody rights without the consent of the custodian is guilty of a Class C felony. This
13paragraph is not applicable if the court has entered an order authorizing the person
14to so take or withhold the child. The fact that joint legal custody has been awarded
15to both parents by a court does not preclude a court from finding that one parent has
16committed a violation of this paragraph.
AB130-SSA1,398,2118
948.40
(1) No person may intentionally encourage or contribute to the
19delinquency of a child
as defined in s. 48.02 (3m). This subsection includes
20intentionally encouraging or contributing to an act by a child under the age of
12 10 21which would be a delinquent act if committed by a child
12 10 years of age or older.
AB130-SSA1,399,223
948.40
(2) No person responsible for the child's welfare may, by disregard of the
24welfare of the child, contribute to the delinquency of the child. This subsection
1includes disregard that contributes to an act by a child under the age of
12 10 that
2would be a delinquent act if committed by a child
12
10 years of age or older.
AB130-SSA1,399,64
948.50
(4) (b) Is placed in or transferred to a secured correctional facility
, as
5defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
6(15g).
AB130-SSA1,399,129
948.60
(2) (d) A person under 17 years of age who has violated this subsection
10is subject to the provisions of ch.
48 938 unless jurisdiction is waived under s.
48.18 11938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
12under s. 938.183.
AB130-SSA1,399,1815
948.61
(4) A person under 17 years of age who has violated this section is
16subject to the provisions of ch.
48 938, unless jurisdiction is waived under s.
48.18 17938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
18under s. 938.183.
AB130-SSA1,399,2220
950.02
(1m) "Crime" means an act committed in this state which, if committed
21by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if
22committed by a responsible child, would constitute a delinquent act under ch.
48 938.
AB130-SSA1, s. 661
23Section
661. 967.04 (7) (a) (intro.) of the statutes is amended to read:
AB130-SSA1,400,324
967.04
(7) (a) (intro.) In any criminal prosecution or any proceeding under ch.
2548
or 938, any party may move the court to order the taking of a videotaped deposition
1of a child who has been or is likely to be called as a witness. Upon notice and hearing,
2the court may issue an order for such a deposition if the trial or hearing in which the
3child may be called will commence:
AB130-SSA1,400,115
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
6s. 48.31
or 938.31, the court may admit into evidence a videotaped deposition taken
7under subs. (7) and (8) without an additional hearing under s. 908.08. In any
8proceeding under s. 304.06 (3) or 973.10 (2), the hearing examiner may order and
9preside at the taking of a videotaped deposition using the procedure provided in subs.
10(7) and (8) and may admit the videotaped deposition into evidence without an
11additional hearing under s. 908.08.
AB130-SSA1,400,1513
968.255
(1) (a) 3. Taken into custody under s.
48.19 938.19 and there are
14reasonable grounds to believe the child has committed an act which if committed by
15an adult would be covered under subd. 1. or 2.
AB130-SSA1,400,1917
968.255
(7) (b) Is placed in or transferred to a secured correctional facility
, as
18defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
19(15g).
AB130-SSA1,401,1321
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
22it shall be only in the amount found necessary to assure the appearance of the
23defendant. Conditions of release, other than monetary conditions, may be imposed
24for the purpose of protecting members of the community from serious bodily harm
25or preventing intimidation of witnesses. Proper considerations in determining
1whether to release the defendant without bail, fixing a reasonable amount of bail or
2imposing other reasonable conditions of release are: the ability of the arrested person
3to give bail, the nature, number and gravity of the offenses and the potential penalty
4the defendant faces, whether the alleged acts were violent in nature, the defendant's
5prior
criminal record
of criminal convictions and delinquency adjudications, if any,
6the character, health, residence and reputation of the defendant, the character and
7strength of the evidence which has been presented to the judge, whether the
8defendant is currently on probation or parole, whether the defendant is already on
9bail or subject to other release conditions in other pending cases, whether the
10defendant has been bound over for trial after a preliminary examination, whether
11the defendant has in the past forfeited bail or violated a condition of release or was
12a fugitive from justice at the time of arrest, and the policy against unnecessary
13detention of the defendant's pending trial.
AB130-SSA1, s. 666
14Section
666. 970.032 (title) and (1) of the statutes are amended to read:
AB130-SSA1,402,2
15970.032 (title)
Preliminary examination;
child accused of committing
16assault or battery in a secured correctional facility child under original
17adult court jurisdiction. (1) Notwithstanding s. 970.03, if a preliminary
18examination is held regarding a child who is
accused of violating s. 940.20 (1) or
19946.43 while placed in a secured correctional facility, as defined in s. 48.02 (15m) 20subject to the original jurisdiction of the court of criminal jurisdiction under s.
21938.183 (1), the court shall first determine whether there is probable cause to believe
22that the child has committed
a violation of s. 940.20 (1) or 946.43 while placed in a
23secured correctional facility, as defined in s. 48.02 (15m) the violation of which he or
24she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (b) or (c),
25whichever is applicable. If the court does not make that finding, the court shall order
1that the child be discharged but proceedings may be brought regarding the child
2under ch.
48 938.