AB443: Bill Text

AB443,297,3 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure juvenile detention facility, as defined in s. 938.02 (16) (10r), a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB443, s. 626 Section 626. 946.44 (2) (c) and (d) of the statutes are amended to read:

AB443,297,9 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r).

AB443,297,15 (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h), who is placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth under s. 938.183, 938.34 (4m), or 938.357 (4) or (5) (e), who is placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d), or who is subject to an order under s. 48.366.

AB443, s. 627 Section 627. 946.45 (2) (c) and (d) of the statutes are amended to read:

AB443,297,21 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), and a Type 2 child caring institution residential care center for children and youth, as defined in s. 938.02 (19r).

AB443,298,2 (d) "Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h), who is placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth under s. 938.183, 938.34 (4m) or 938.357 (4) or (5) (e), who is placed in a Type 2 child caring institution residential care center for children and youth under s. 938.34 (4d), or who is subject to an order under s. 48.366.

AB443, s. 628 Section 628. 948.50 (4) (b) of the statutes is amended to read:

AB443,298,6 948.50 (4) (b) Is placed in or transferred to a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g).

AB443, s. 629 Section 629. 968.255 (7) (b) of the statutes is amended to read:

AB443,298,11 968.255 (7) (b) Is placed in or transferred to a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).

AB443, s. 630 Section 630. 970.032 (1) of the statutes is amended to read:

AB443,298,20 970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine whether there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c) or (2), whichever is applicable. If the court does not make that finding, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.

AB443, s. 631 Section 631. 973.013 (3m) of the statutes is amended to read:

AB443,299,15 973.013 (3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department shall place the person at a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth under this subsection.

AB443, s. 632 Section 632. 976.08 of the statutes is amended to read:

AB443,299,20 976.08 Additional applicability. In this chapter, "prisoner" includes any person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin state prison and any person subject to an order under s. 938.34 (4h) who is 17 years of age or older.

Note: Deletes reference in s. 976.08, stats., to placement of a juvenile who has been adjudicated delinquent in a state prison. See the Note to s. 938.357 (4) (d), stats., as repealed by this bill.

AB443, s. 633 Section 633. 980.015 (2) (b) of the statutes is amended to read:

AB443,300,3 980.015 (2) (b) The anticipated release from a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB443, s. 634 Section 634. 980.02 (1) (b) 2., (2) (ag) and (4) (am) and (b) of the statutes are amended to read:

AB443,300,11 980.02 (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 or extended supervision, or release from imprisonment, from a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), from a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB443,300,20 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or from a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or from a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 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.

AB443,301,2 (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 or extended supervision, or release from imprisonment, from a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), from a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), from a secured group home, as defined in s. 938.02 (15p), or from a commitment order.

AB443,301,7 (b) The circuit court for the county in which the person is in custody under a sentence, a placement to a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or a commitment order.

AB443, s. 635 Section 635. 980.04 (1) of the statutes is amended to read:

AB443,301,22 980.04 (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 juvenile correctional facility, as defined in s. 938.02 (15m), (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), 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.

AB443, s. 636 Section 636. Initial applicability.

AB443,302,3 (1) Placement of juveniles in adult prisons. The treatment of sections 301.03 (10) (d), 302.11 (10), 302.255, 302.386 (5) (d), 938.183 (3), 938.357 (4) (d), 938.538 (3) (a) 1., 1m., and 2., (4) (a), (5) (c), and (6), 938.992 (3), and 976.08 of the statutes first applies to a juvenile who is convicted or adjudicated delinquent for a violation committed on July 1, 1996.

AB443,302,4 (End)