AB82, s. 40
15Section
40. 938.48 (4m) (b) of the statutes is amended to read:
AB82,12,1716
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
17938.34 (4h), (4m)
, or (4n) or 938.357 (4) when the person reached
17 18 years of age.
AB82, s. 41
18Section
41. 938.48 (14) of the statutes is amended to read:
AB82,12,2519
938.48
(14) Pay maintenance, tuition
, and related expenses from the
20appropriation under s. 20.410 (3) (ho) for persons who when they reached
17 18 years
21of age were students regularly attending a school, college
, or university or regularly
22attending a course of vocational or technical training designed to fit them for gainful
23employment, and who when reaching that age were under the supervision of the
24department under s. 938.183, 938.34 (4h), (4m)
, or (4n) or 938.357 (4) as a result of
25a judicial decision.
AB82, s. 42
1Section
42. 938.538 (3) (a) 1. of the statutes is amended to read:
AB82,13,52
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
3correctional facility
, or a secured child caring institution
or, if the participant is 17
4years of age or over or 15 years of age or over and transferred under s. 938.357 (4)
5(d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB82, s. 43
6Section
43. 938.538 (3) (a) 1m. of the statutes is amended to read:
AB82,13,137
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
8committing an act that would be a Class A felony if committed by an adult, placement
9in a Type 1 secured correctional facility
, or a secured child caring institution
or, if the
10participant is 17 years of age or over or 15 years of age or over and transferred under
11s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant
12reaches 25 years of age, unless the participant is released sooner, subject to a
13mandatory minimum period of confinement of not less than one year.
AB82, s. 44
14Section
44. 938.538 (3) (a) 2. of the statutes is amended to read:
AB82,13,1715
938.538
(3) (a) 2. Intensive or other field supervision, including corrective
16sanctions supervision under s. 938.533
, or aftercare supervision
or, if the participant
17is 17 years of age or over, intensive sanctions supervision under s. 301.048.
AB82, s. 45
18Section
45. 938.538 (4) (a) of the statutes is amended to read:
AB82,14,919
938.538
(4) (a) A participant in the serious juvenile offender program is under
20the supervision and control of the department, is subject to the rules and discipline
21of the department and is considered to be in custody, as defined in s. 946.42 (1) (a).
22Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or
23her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2
24secured correctional facility the department may, without a hearing, take the
25participant into custody and return him or her to placement in a Type 1 secured
1correctional facility
, or a secured child caring institution
or, if the participant is 17
2years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional
3failure of a participant to remain within the extended limits of his or her placement
4while participating in the serious juvenile offender program or to return within the
5time prescribed by the administrator of the division of intensive sanctions in the
6department is considered an escape under s. 946.42 (3) (c). This paragraph does not
7preclude a juvenile who has violated a condition of the juvenile's participation in the
8program under sub. (3) (a) 2. to 9. from being taken into and held in custody under
9ss. 938.19 to 938.21.
AB82, s. 46
10Section
46. 938.538 (5) (c) of the statutes is amended to read:
AB82,14,1411
938.538
(5) (c) Sections 938.357 and 938.363 do not apply to changes of
12placement and revisions of orders for a juvenile who is a participant in the serious
13juvenile offender program
, except that s. 938.357 (4) (d) applies to the transfer of a
14participant to the Racine youthful offender correctional facility named in s. 302.01.
AB82, s. 47
15Section
47. 938.538 (6) of the statutes is amended to read:
AB82,14,2416
938.538
(6) Purchase of services. The department of corrections may contract
17with the department of health and family services, a county department
, or any
18public or private agency for the purchase of goods, care
, and services for participants
19in the serious juvenile offender program. The department of corrections shall
20reimburse a person from whom it purchases goods, care or services under this
21subsection from the appropriation under s. 20.410 (3) (cg)
or, if the person for whom
22the goods, care or services are purchased is placed in a Type 1 prison, as defined s.
23301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the
24appropriate appropriation under s. 20.410 (1).
AB82, s. 48
25Section
48. 938.57 (3) (a) 1. of the statutes is amended to read:
AB82,15,1
1938.57
(3) (a) 1. Is
17 18 years of age or older.
AB82, s. 49
2Section
49. 938.57 (3) (a) 3. of the statutes is amended to read:
AB82,15,43
938.57
(3) (a) 3. Received funding under s. 46.495 (1) (d) immediately prior to
4his or her
17th 18th birthday.
AB82, s. 50
5Section
50. 938.57 (3) (b) of the statutes is amended to read:
AB82,15,86
938.57
(3) (b) The funding provided for the maintenance of a juvenile under par.
7(a) shall be in an amount equal to that to which the juvenile would receive under s.
846.495 (1) (d) if the juvenile were
16 17 years of age.
AB82, s. 51
9Section
51. 938.992 (3) of the statutes is amended to read:
AB82,15,1310
938.992
(3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not
11include a person subject to an order under s. 48.366 who is confined to a state prison
12under s. 302.01
or a person subject to an order under s. 938.34 (4h) who is 17 years
13of age or over.
AB82, s. 52
14Section
52. 946.50 (intro.) of the statutes is amended to read:
AB82,15,19
15946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
16who intentionally fails to appear before the court assigned to exercise jurisdiction
17under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
18does not return to that court for a dispositional hearing before attaining the age of
1917 18 years is guilty of the following:
AB82, s. 53
20Section
53. 948.01 (1) of the statutes is amended to read:
AB82,15,2421
948.01
(1) "Child" means a person who has not attained the age of 18 years
,
22except that for purposes of prosecuting a person who is alleged to have violated a
23state or federal criminal law, "child" does not include a person who has attained the
24age of 17 years.
AB82, s. 54
25Section
54. 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB82,16,5
1948.11
(2) (am) (intro.) Any person who has attained the age of
17 18 and who,
2with knowledge of the character and content of the description or narrative account,
3verbally communicates, by any means, a harmful description or narrative account
4to a child, with or without monetary consideration, is guilty of a Class I felony if any
5of the following applies:
AB82, s. 55
6Section
55. 948.45 (1) of the statutes is amended to read:
AB82,16,107
948.45
(1) Except as provided in sub. (2), any person
17 18 years of age or older
8who, by any act or omission, knowingly encourages or contributes to the truancy, as
9defined under s. 118.16 (1) (c), of a person
17 18 years of age or under is guilty of a
10Class C misdemeanor.
AB82, s. 56
11Section
56. 948.60 (2) (d) of the statutes is amended to read:
AB82,16,1512
948.60
(2) (d) A person under
17
18 years of age who has violated this
13subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
14s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
15under s. 938.183.
AB82, s. 57
16Section
57. 948.61 (4) of the statutes is amended to read:
AB82,16,2017
948.61
(4) A person under
17 18 years of age who has violated this section is
18subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or
19the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
20938.183.
AB82, s. 58
21Section
58. 961.455 (1) of the statutes is amended to read:
AB82,16,2422
961.455
(1) Any person who has attained the age of
17 18 years who knowingly
23solicits, hires, directs, employs
, or uses a person who is under the age of
17 18 years
24for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB82, s. 59
25Section
59. 961.46 of the statutes is amended to read:
AB82,17,5
1961.46 Distribution to persons under age 18. If a person
17 18 years of age
2or over violates s. 961.41 (1) by distributing or delivering a controlled substance or
3a controlled substance analog to a person 17 years of age or under who is at least 3
4years his or her junior, the applicable maximum term of imprisonment prescribed
5under s. 961.41 (1) for the offense may be increased by not more than 5 years.
AB82, s. 60
6Section
60. 961.573 (2) of the statutes is amended to read:
AB82,17,87
961.573
(2) Any person
who violates sub. (1) who is under
17 18 years of age
8who violates sub. (1) is subject to a disposition under s. 938.344 (2e).
AB82, s. 61
9Section
61. 961.574 (2) of the statutes is amended to read:
AB82,17,1110
961.574
(2) Any person
who violates sub. (1) who is under
17 18 years of age
11who violates sub. (1) is subject to a disposition under s. 938.344 (2e).
AB82, s. 62
12Section
62. 961.575 (1) of the statutes is amended to read:
AB82,17,1613
961.575
(1) Any person
17 18 years of age or over who violates s. 961.574 (1)
14by delivering drug paraphernalia to a person 17 years of age or under who is at least
153 years younger than the violator may be fined not more than $10,000 or imprisoned
16for not more than 9 months or both.
AB82, s. 63
17Section
63. 961.575 (2) of the statutes is amended to read:
AB82,17,1918
961.575
(2) Any person
who violates this section who is under 17 under 18 years
19of age
who violates s. 961.574 (3) is subject to a disposition under s. 938.344 (2e).
AB82, s. 64
20Section
64. 961.575 (3) of the statutes is amended to read:
AB82,17,2321
961.575
(3) Any person
17 18 years of age or over who violates s. 961.574 (3)
22by delivering drug paraphernalia to a person 17 years of age or under is guilty of a
23Class G felony.
AB82, s. 65
24Section
65. 976.08 of the statutes is amended to read:
AB82,18,4
1976.08 Additional applicability. In this chapter, "prisoner" includes any
2person subject to an order under s. 48.366 or 938.183 who is confined to a Wisconsin
3state prison
and any person subject to an order under s. 938.34 (4h) who is 17years
4of age or older.
AB82, s. 66
5Section
66. 990.01 (3) of the statutes is amended to read:
AB82,18,96
990.01
(3) Adult. "Adult" means a person who has attained the age of 18 years
,
7except that for purposes of investigating or prosecuting a person who is alleged to
8have violated any state or federal criminal law or any civil law or municipal
9ordinance, "adult" means a person who has attained the age of 17 years.
AB82, s. 67
10Section
67. 990.01 (20) of the statutes is amended to read:
AB82,18,1411
990.01
(20) Minor. "Minor" means a person who has not attained the age of
1218 years
, except that for purposes of investigating or prosecuting a person who is
13alleged to have violated a state or federal criminal law or any civil law or municipal
14ordinance, "minor" does not include a person who has attained the age of 17 years.
AB82,18,1816
(1)
Age of adult jurisdiction. This act first applies to a violation of a criminal
17law, civil law, or municipal ordinance allegedly committed on the effective date of this
18subsection.