Engrossed Amendment SSA1-AB130

AB130-SSA1, s. 690 Section 690. 977.08 (2) (e) of the statutes is amended to read:

AB130-SSA1,409,20 977.08 (2) (e) Cases involving children who are entitled to counsel or are provided counsel at the discretion of the court under s. 48.23 or 938.23.

AB130-SSA1, s. 691 Section 691. 977.085 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,410,6 977.085 (3) The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB130-SSA1, s. 692 Section 692. 978.05 (6) (a) of the statutes is amended to read:

AB130-SSA1,410,21 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ss. 17.14, 30.03 (2), 48.09 (1), (2) and (5), 48.18, 48.355 (6) (b) and (6g) (a), 59.073, 59.77, 70.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under ch. chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (2) or (5), that the corporation counsel provide representation as specified in s. 48.09 (2) or (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB130-SSA1, s. 693 Section 693. 980.015 (2) (b) of the statutes is amended to read:

AB130-SSA1,411,2 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 48.34 938.34 on the basis of a sexually violent offense.

AB130-SSA1, s. 694 Section 694. 980.02 (1) (b) 2. of the statutes is amended to read:

AB130-SSA1,411,7 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB130-SSA1, s. 695 Section 695. 980.02 (2) (ag) of the statutes is amended to read:

AB130-SSA1,411,15 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 48.34 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB130-SSA1, s. 696 Section 696. 980.02 (4) (am) of the statutes is amended to read:

AB130-SSA1,411,21 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB130-SSA1, s. 697 Section 697. 980.02 (4) (b) of the statutes is amended to read:

AB130-SSA1,412,2 980.02 (4) (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a commitment order.

AB130-SSA1, s. 698 Section 698. 980.04 (1) of the statutes is amended to read:

AB130-SSA1,412,16 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under s. 980.05 or until the effective date of a commitment order under s. 980.06, whichever is applicable.

AB130-SSA1, s. 699 Section 699. 990.01 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,412,22 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years, 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 the age of 17 years.

AB130-SSA1, s. 700 Section 700. 990.01 (20) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB130-SSA1,413,4 990.01 (20) Minor. "Minor" means a person who has not attained the age of 18 years, 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, "minor" does not include a person who has attained the age of 17 years.

AB130-SSA1, s. 701 Section 701. 1995 Wisconsin Act 27, section 9126 (23) (f) 5. is amended to read:

AB130-SSA1,413,13 [1995 Wisconsin Act 27] Section 9126 (23) (f) 5. On the effective date of this subdivision, 6.1 FTE GPR positions in the division of management services in the department of health and social services funded from the appropriation under section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of corrections, and the positions become 3.0 6.1 FTE GPR positions to be funded from the appropriation under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995.

AB130-SSA1, s. 9112 Section 9112. Nonstatutory provisions; corrections.

AB130-SSA1,414,4 (1g) Juvenile correctional institution rates. No later than January 15, 1996, the secretary of corrections shall submit to the secretary of administration and to the cochairpersons of the joint committee on finance proposed rates under section 301.26 (4) (d) 3m. of the statutes, as created by 1995 Wisconsin Act 27, and section 301.26 (4) (d) 4. of the statutes, as created by 1995 Wisconsin Act 27, for maintaining a child in a secured child caring institution, as defined in section 938.02 (15g) of the statutes, as created by this act. The rates may not vary according to the secured child caring institution in which a child is placed. The rates shall reflect the average daily cost associated with maintaining a child in a secured child caring institution. The secretary of administration shall evaluate the rates and, if the secretary of administration approves of the rates, the secretary of administration shall, no later than March 1, 1996, submit a report to the cochairpersons of the joint committee on finance containing proposed legislation providing for those rates effective on July 1, 1996. The department of health and social services shall assist the department of corrections in proposing those rates.

AB130-SSA1, s. 9300 Section 9300. Initial applicability; general statement.

AB130-SSA1,414,7 (1g) Except as otherwise provided in Section 9310 of this act, this act first applies to violations committed on the effective date of this subsection.

AB130-SSA1, s. 9310 Section 9310. Initial applicability; circuit courts.

AB130-SSA1,414,16 (1) Adult court jurisdiction over children. The treatment of sections 938.18 (1) (a) 3., 938.183 (1) (b) and (c), 948.60 (2) (d) and 948.61 (4) of the statutes first applies to acts committed on the effective date of this subsection, but does not preclude the counting of a conviction or a waiver of jurisdiction under section 48.18 of the statutes obtained, or a criminal proceeding commenced, before the effective date of this subsection for the purpose of conferring jurisdiction over a child on a court of criminal jurisdiction under section 938.183 (1) (b) or (c) of the statutes, as created by this act.

AB130-SSA1,414,20 (2) Firearm possession penalties. The treatment of section 941.29 (2) of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of sentencing a person.

AB130-SSA1,414,22 (3) Substitution of a judge. The treatment of section 938.29 (1g) of the statutes first applies to petitions filed on the effective date of this subsection.

AB130-SSA1,414,24 (4) No contest pleas. The treatment of section 938.30 (4) (bm) of the statutes first applies to pleas entered on the effective date of this subsection.

AB130-SSA1,415,5 (5) Attendance at hearings, victim statements, court reports and disclosure of information to public. The treatment of sections 120.12 (18), 938.299 (1) (a), (am) and (ar), 938.32 (1) (b) 1., 938.33 (3) (intro.), (4) (intro.), (4m) (intro.) and (a) and (5), 938.335 (3m) (a), 938.396 (2m) and 972.14 (3) (a) of the statutes first applies to hearings held on the effective date of this subsection.

AB130-SSA1,415,11 (6) Violations of dispositional orders. The treatment of sections 938.17 (2) (d) (with respect to failure to pay a forfeiture) and (h), 938.23 (1) (am), 938.34 (8) (with respect to failure to pay a forfeiture), 938.343 (2) (with respect to failure to pay a forfeiture) and 938.355 (6) (a), (an), (b) and (d) (intro.), 1. and 4., (6d) and (6g) (a) and (b) 1. of the statutes first applies to orders entered on the effective date of this subsection.

AB130-SSA1,415,13 (7) Absconders. The treatment of section 946.50 of the statutes first applies to children who are adjudicated delinquent on the effective date of this subsection.

AB130-SSA1,415,16 (8) Child custody hearings. The treatment of sections 938.208 (5), 938.21 (1) (a) and 938.534 (1) of the statutes first applies to children who are taken into custody or who enter a runway home on the effective date of this subsection.

AB130-SSA1,415,20 (9) Deferred prosecution agreements and consent decrees. The treatment of sections 938.245 (2) (b) and 938.32 (2) (a) and (b) of the statutes first applies to deferred prosecution agreements and consent decrees entered into on the effective date of this subsection.

AB130-SSA1,415,23 (10) Time limits in juvenile proceedings. The treatment of sections 938.24 (5), 938.245 (7), 938.25 (2), 938.315 (1) (c) and (3) and 938.365 (6) of the statutes first applies to time periods beginning on the effective date of this subsection.

AB130-SSA1, s. 9400 Section 9400. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB130-SSA1,416,3 (2g) Youthful offender program. The amendment of section 48.065 (3) (f) of the statutes takes effect on December 1, 1995, or on the day after publication, whichever is later.

AB130-SSA1,416,11 (2m) Corrective sanctions program. The amendment of sections 46.22 (1) (c) 1. b., 46.26 (4) (d) 3., 48.02 (15m), 48.19 (1) (d) 6., 48.205 (1) (c), 48.208 (1), 48.357 (4), (4g) (b) and (d), (4m) and (5) (a), (b), (d), (e) and (g), 48.365 (7), 48.48 (13), 48.51 (1) (intro.), 48.533 (3), 48.78 (3), 101.123 (1) (i), 157.065 (2) (a) 4. c., 165.76 (1) (a) and (2) (b) 2. and 5., 227.03 (4), 302.31, 946.42 (1) (a), 946.44 (1) (a) and 946.45 (1) of the statutes and the creation of sections 48.02 (19) and (20), 48.533 (3) (b), 101.123 (3) (gg) and 302.386 (5) (c) of the statutes take effect of January 1, 1996, or on the day after publication, whichever is later.

AB130-SSA1,416,12 (End)