AB133-ASA1-CA1,759,64
938.345
(1) (a) Place the juvenile in the serious juvenile offender program, a
5secured correctional facility
or, a secured child caring institution
or a secured group
6home.
AB133-ASA1-CA1,759,218
938.355
(1) Intent. In any order under s. 938.34 or 938.345, the court shall
9decide on a placement and treatment finding based on evidence submitted to the
10court. The disposition shall employ those means necessary to promote the objectives
11specified in s. 938.01. If the disposition places a juvenile who has been adjudicated
12delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall include a
13finding that the juvenile's current residence will not safeguard the welfare of the
14juvenile or the community due to the serious nature of the act for which the juvenile
15was adjudicated delinquent. If the judge has determined that any of the conditions
16specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, that determination shall be prima
17facie evidence that a less restrictive alternative than placement in a secured
18correctional facility
or, a secured child caring institution
or a secured group home is
19not appropriate. If information under s. 938.331 has been provided in a court report
20under s. 938.33 (1), the court shall consider that information when deciding on a
21placement and treatment finding.
AB133-ASA1-CA1,760,723
938.357
(3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in
24placement would involve placing a juvenile in a secured correctional facility
or in, a
25secured child caring institution
or a secured group home, notice shall be given as
1provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent,
2guardian and legal custodian, before the judge makes a decision on the request. The
3juvenile shall be entitled to counsel at the hearing, and any party opposing or
4favoring the proposed new placement may present relevant evidence and
5cross-examine witnesses. The proposed new placement may be approved only if the
6judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been
7met.
AB133-ASA1-CA1,760,179
938.357
(4g) (a) Not later than 120 days after the date on which the juvenile
10is placed in a secured correctional facility
or, a secured child caring institution
or a
11secured group home, or within 30 days after the date on which the department
12requests the aftercare plan, whichever is earlier, the aftercare provider designated
13under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare
14provider designated under s. 938.34 (4n) is a county department, that county
15department shall submit the aftercare plan to the department within the time limits
16specified in this paragraph, unless the department waives those time limits under
17par. (b).
AB133-ASA1-CA1,761,219
938.357
(4g) (b) The department may waive the time period within which an
20aftercare plan must be prepared and submitted under par. (a) if the department
21anticipates that the juvenile will remain in the secured correctional facility
or, 22secured child caring institution
or secured group home for a period exceeding 8
23months or if the juvenile is subject to s. 48.366 or 938.183. If the department waives
24that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare
1the aftercare plan within 30 days after the date on which the department requests
2the aftercare plan.
AB133-ASA1-CA1,761,64
938.357
(4g) (d) A juvenile may be released from a secured correctional facility
5or, a secured child caring institution
or a secured group home whether or not an
6aftercare plan has been prepared under this subsection.
AB133-ASA1-CA1,761,128
938.357
(5) (e) If the hearing examiner finds that the juvenile has violated a
9condition of aftercare supervision, the hearing examiner shall determine whether
10confinement in a secured correctional facility
or, a secured child caring institution
11or a secured group home is necessary to protect the public, to provide for the juvenile's
12rehabilitation or to not depreciate the seriousness of the violation.
AB133-ASA1-CA1,761,1614
938.357
(5) (f) Review of a revocation decision shall be by certiorari to the court
15by whose order the juvenile was placed in a secured correctional facility
or, a secured
16child caring institution
or a secured group home.
AB133-ASA1-CA1,762,218
938.38
(3) (a) If the juvenile is alleged to be delinquent and is being held in a
19secure detention facility, juvenile portion of a county jail or shelter care facility, and
20the agency intends to recommend that the juvenile be placed in a secured
21correctional facility
or, a secured child caring institution
or a secured group home,
22the agency is not required to submit the permanency plan unless the court does not
23accept the recommendation of the agency. If the court places the juvenile in any
24facility outside of the juvenile's home other than a secured correctional facility
or, a
1secured child caring institution
or a secured group home, the agency shall file the
2permanency plan with the court within 60 days after the date of disposition.
AB133-ASA1-CA1,762,104
938.51
(1) (intro.) At least 15 days prior to the date of release from a secured
5correctional facility
or, a secured child caring institution
or a secured group home of
6a juvenile who has been adjudicated delinquent and at least 15 days prior to the
7release from the supervision of the department or a county department of a juvenile
8who has been adjudicated delinquent, the department or county department having
9supervision over the juvenile shall make a reasonable attempt to do all of the
10following:
AB133-ASA1-CA1,762,2012
938.51
(1m) The department or county department having supervision over a
13juvenile described in sub. (1) shall determine the local agencies that it will notify
14under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's
15intended residence specified in the juvenile's aftercare supervision plan or, if those
16methods do not indicate the community in which the juvenile will reside following
17release from a secured correctional facility
or, from
, a secured child caring institution
18or a secured group home or from the supervision of the department or county
19department, the community in which the juvenile states that he or she intends to
20reside.
AB133-ASA1-CA1,763,722
938.51
(4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from
23a secured correctional facility, child caring institution,
secured group home, 24inpatient facility, secure detention facility or juvenile portion of a county jail, or from
25the custody of a peace officer or a guard of such a facility, institution
, home or jail,
1or has been allowed to leave a secured correctional facility, child caring institution,
2secured group home, inpatient facility, secure detention facility or juvenile portion
3of a county jail for a specified period of time and is absent from the facility, institution
,
4home or jail for more than 12 hours after the expiration of the specified period, as
5soon as possible after the department or county department having supervision over
6the juvenile discovers that escape or absence, that department or county department
7shall make a reasonable attempt to notify by telephone all of the following persons:".
AB133-ASA1-CA1,763,1610
938.396
(9) Notwithstanding sub. (2) (a), if a juvenile is adjudged delinquent
11for committing a serious crime, as defined in s. 48.685
(7) (a) (1) (c), the court clerk
12shall notify the department of justice of that fact. No other information from the
13juvenile's court records may be disclosed to the department of justice except by order
14of the court. The department of justice may disclose any information provided under
15this subsection only as part of a criminal history record search under s. 48.685 (2)
16(am) 1. or (b) 1. a.".
AB133-ASA1-CA1,764,719
938.57
(1) (c) Provide appropriate protection and services for juveniles in its
20care, including providing services for juveniles and their families in their own homes,
21placing the juveniles in licensed foster homes, licensed treatment foster homes or
22licensed group homes in this state or another state within a reasonable proximity to
23the agency with legal custody or contracting for services for them by licensed child
24welfare agencies or replacing them in
juvenile secured correctional
institutions or
1facilities, secured child caring institutions
or secured group homes in accordance
2with rules promulgated under ch. 227, except that the county department may not
3purchase the educational component of private day treatment programs unless the
4county department, the school board as defined in s. 115.001 (7) and the state
5superintendent of public instruction all determine that an appropriate public
6education program is not available. Disputes between the county department and
7the school district shall be resolved by the state superintendent of public instruction.
AB133-ASA1-CA1,764,209
938.57
(4) A county department may provide aftercare supervision under s.
10938.34 (4n) for juveniles who are released from secured correctional facilities
or, 11secured child caring institutions
operated by the department or secured group
12homes. If a county department intends to change its policy regarding whether the
13county department or the department shall provide aftercare supervision for
14juveniles released from secured correctional facilities
or
, secured child caring
15institutions
operated by the department or secured group homes, the county
16executive or county administrator, or, if the county has no county executive or county
17administrator, the chairperson of the county board of supervisors, or, for multicounty
18departments, the chairpersons of the county boards of supervisors jointly, shall
19submit a letter to the department stating that intent before July 1 of the year
20preceding the year in which the policy change will take effect.
AB133-ASA1-CA1,765,1622
938.78
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s.
23938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats.,
24or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s.
25941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28,
1941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2)
2(a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055,
3948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
4correctional facility, child caring institution,
secured group home, inpatient facility,
5as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail,
6or from the custody of a peace officer or a guard of such a facility, institution or jail,
7or has been allowed to leave a secured correctional facility, child caring institution,
8secured group home, inpatient facility, secure detention facility or juvenile portion
9of a county jail for a specified time period and is absent from the facility, institution
,
10home or jail for more than 12 hours after the expiration of the specified period, the
11department or county department having supervision over the juvenile may release
12the juvenile's name and any information about the juvenile that is necessary for the
13protection of the public or to secure the juvenile's return to the facility, institution
,
14home or jail. The department of corrections shall promulgate rules establishing
15guidelines for the release of the juvenile's name or information about the juvenile to
16the public.
AB133-ASA1-CA1,766,318
939.635
(1) Except as provided in sub. (2), if a person who has been adjudicated
19delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional
20facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s.
21938.02 (16),
or a secured child caring institution, as defined in s. 938.02 (15g),
or a
22secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20
23(2m), the court shall sentence the person to not less than 3 years of imprisonment.
24Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while
25placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure
1detention facility, as defined in s. 938.02 (16),
or a secured child caring institution,
2as defined in s. 938.02 (15g),
or a secured group home, as defined in s. 938.02 (15p), 3the court shall sentence the person to not less than 5 years of imprisonment.
AB133-ASA1-CA1,766,115
939.635
(2) (b) That imposing the applicable presumptive minimum sentence
6specified in sub. (1) is not necessary to deter the person or other persons from
7committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed
8in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention
9facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined
10in s. 938.02 (15g),
or a secured group home, as defined in s. 938.02 (15p), or from
11committing violations of s. 940.20 (2m).".
AB133-ASA1-CA1,766,1615
940.295
(2) (j) The Wisconsin School for the Deaf under s. 115.52 and the
16Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".
AB133-ASA1-CA1,766,19
18"
Section 3176m. 938.983 (title) of the statutes is renumbered 254.92 (title)
19and amended to read:
AB133-ASA1-CA1,766,21
20254.92 (title)
Purchase or possession of cigarettes or tobacco products
21by person under 18 prohibited.
AB133-ASA1-CA1, s. 3176p
23Section 3176p. 938.983 (2) (intro.), (a) and (c) of the statutes are consolidated,
24renumbered 254.92 (2) (intro.) and amended to read:
AB133-ASA1-CA1,767,4
1254.92
(2) (intro.)
Except as provided in sub. (3), no No person under 18 years
2of age may
do any of the following: (a) Buy or purchase, attempt to
buy any cigarette
3or tobacco product. (c) Possess purchase or possess any cigarette or tobacco product
. 4except as follows:
AB133-ASA1-CA1,767,87
254.92
(1) Falsely No person under 18 years of age may falsely represent his
8or her age for the purpose of receiving any cigarette or tobacco product.
AB133-ASA1-CA1, s. 3176r
9Section 3176r. 938.983 (3) of the statutes is renumbered 254.92 (2) (a) and
10amended to read:
AB133-ASA1-CA1,767,1411
254.92
(2) (a) A person under 18 years of age may purchase or possess
12cigarettes or tobacco products for the sole purpose of resale in the course of
13employment during his or her working hours if employed by a retailer
licensed under
14s. 134.65 (1).
AB133-ASA1-CA1,767,1917
254.92
(3) A law enforcement officer shall seize any cigarette or tobacco product
18involved in any violation of sub. (2) committed in his or her presence that has been
19sold to and is in the possession of a person under 18 years of age.
AB133-ASA1-CA1,767,23
22"
Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and
23945.03 (1m) (intro.), as renumbered, is amended to read:
AB133-ASA1-CA1,768,3
1945.03
(1m) (intro.) Whoever intentionally does any of the following is engaged
2in commercial gambling and
, except as provided in sub. (2m), is guilty of a Class E
3felony:
AB133-ASA1-CA1,768,95
945.03
(2m) If the violation of sub. (1m) involves the possession, operation, set
6up, collection of proceeds, participation in earnings or maintenance of, or involves
7acting as the custodian of anything of value bet or offered to be bet on, not more than
85 video gambling machines on premises for which a Class "B" or "Class B" license or
9permit has been issued under ch. 125, the person may be penalized as follows:
AB133-ASA1-CA1,768,1110
(a) If the violation involves one video gambling machine, the person may be
11required to forfeit not more than $500.
AB133-ASA1-CA1,768,1312
(b) If the violation involves 2 video gambling machines, the person may be
13required to forfeit not more than $1,000.
AB133-ASA1-CA1,768,1514
(c) If the violation involves 3 video gambling machines, the person may be
15required to forfeit not more than $1,500.
AB133-ASA1-CA1,768,1716
(d) If the violation involves 4 video gambling machines, the person may be
17required to forfeit not more than $2,000.
AB133-ASA1-CA1,768,1918
(e) If the violation involves 5 video gambling machines, the person may be
19required to forfeit not more than $2,500.
AB133-ASA1-CA1, s. 3191bh
20Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04
21(1m) (intro.), as renumbered, is amended to read:
AB133-ASA1-CA1,768,2322
945.04
(1m) (intro.)
Whoever Except as provided in sub. (2m), whoever 23intentionally does any of the following is guilty of a Class A misdemeanor:
AB133-ASA1-CA1,769,4
1945.04
(2m) If the violation of sub. (1m) involves the set up or use of not more
2than 5 video gambling machines on premises for which a Class "B" or "Class B"
3license or permit has been issued under ch. 125, the person may be penalized as
4follows:
AB133-ASA1-CA1,769,65
(a) If the violation involves one video gambling machine, the person may be
6required to forfeit not more than $500.
AB133-ASA1-CA1,769,87
(b) If the violation involves 2 video gambling machines, the person may be
8required to forfeit not more than $1,000
AB133-ASA1-CA1,769,109
(c) If the violation involves 3 video gambling machines, the person may be
10required to forfeit not more than $1,500.
AB133-ASA1-CA1,769,1211
(d) If the violation involves 4 video gambling machines, the person may be
12required to forfeit not more than $2,000
AB133-ASA1-CA1,769,1413
(e) If the violation involves 5 video gambling machines, the person may be
14required to forfeit not more than $2,500.
AB133-ASA1-CA1,769,1916
945.041
(11) No proceeding under this section may be commenced to revoke a
17Class "B" or "Class B" license or permit issued under ch. 125 to a person solely
18because the person knowingly permits 5 or fewer video gambling machines to be set
19up, kept, managed, used or conducted upon the licensed premises.
AB133-ASA1-CA1,769,2321
945.05
(1) (intro.)
Whoever Except as provided in sub. (1m), whoever 22manufactures, transfers commercially or possesses with intent to transfer
23commercially either of the following is guilty of a Class E felony:
AB133-ASA1-CA1,770,3
1945.05
(1m) If a violation of sub. (1) involves the commercial transfer of a video
2gambling machine or possession of a video gambling machine with the intent to
3transfer commercially, the person is subject to a Class C forfeiture.".