The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB732, s. 1
1Section
1. 20.410 (3) (gr) of the statutes is created to read:
AB732,4,52
20.410
(3) (gr)
Community youth and family aids surcharges. All moneys
3received from community youth and family aids surcharges collected under s.
4301.265 for the improvement and provision of juvenile delinquency-related services
5under s. 301.26.
AB732,5,28
46.215
(2) (c) 3. A county department of social services shall develop, under the
9requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
10care and services to be purchased. The department of corrections may review the
11contracts and approve them if they are consistent with s. 301.08 (2) and if state or
12federal funds are available for such purposes. The joint committee on finance may
13require the department of corrections to submit the contracts to the committee for
14review and approval. The department of corrections may not make any payments
15to a county for programs included in a contract under review by the committee. The
1department of corrections shall reimburse each county for the contracts from the
2appropriations under s. 20.410 (3) (cd),
(gr), (ko), and (o) as appropriate.
AB732,5,155
46.22
(1) (e) 3. c. A county department of social services shall develop, under
6the requirements of s. 301.08 (2), plans and contracts for juvenile
7delinquency-related care and services to be purchased. The department of
8corrections may review the contracts and approve them if they are consistent with
9s. 301.08 (2) and to the extent that state or federal funds are available for such
10purposes. The joint committee on finance may require the department of corrections
11to submit the contracts to the committee for review and approval. The department
12of corrections may not make any payments to a county for programs included in the
13contract that is under review by the committee. The department of corrections shall
14reimburse each county for the contracts from the appropriations under s. 20.410 (3)
15(cd),
(gr), (ko), and (o) as appropriate.
AB732, s. 4
16Section
4. 48.02 (1d) of the statutes is amended to read:
AB732,5,2117
48.02
(1d) "Adult" means a person who is 18 years of age or older, except that
18for purposes of investigating or prosecuting a person who is alleged to have
violated 19committed a violation of any state or federal criminal law
or any civil law or
20municipal ordinance that is punishable as a felony, "adult" means a person who has
21attained 17 years of age.
AB732, s. 5
22Section
5. 48.02 (1d) of the statutes, as affected by 2009 Wisconsin Act .... (this
23act), is repealed and recreated to read:
AB732,5,2424
48.02
(1d) "Adult" means a person who is 18 years of age or older.
AB732, s. 6
25Section
6. 48.02 (2) of the statutes is amended to read:
AB732,6,5
148.02
(2) "Child" means a person who is less than 18 years of age, except that
2for purposes of investigating or prosecuting a person who is alleged to have
violated 3committed a violation of a state or federal criminal law
or any civil law or municipal
4ordinance that is punishable as a felony, "child" does not include a person who has
5attained 17 years of age.
AB732, s. 7
6Section
7. 48.02 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this
7act), is repealed and recreated to read:
AB732,6,88
48.02
(2) "Child" means a person who is less than 18 years of age.
AB732, s. 8
9Section
8. 48.366 (8) of the statutes is amended to read:
AB732,6,2210
48.366
(8) Transfer to or between facilities. The department of corrections
11may transfer a person subject to an order between juvenile correctional facilities.
12After the person attains the age of
17 18 years, the department of corrections may
13place the person in a state prison named in s. 302.01
, except that the department of
14corrections may not place any person under the age of 18 years in the correctional
15institution authorized in s. 301.16 (1n). If the department of corrections places a
16person subject to an order under this section in a state prison, that department shall
17provide services for that person from the appropriate appropriation under s. 20.410
18(1). The department of corrections may transfer a person placed in a state prison
19under this subsection to or between state prisons named in s. 302.01 without
20petitioning for revision of the order under sub. (5) (a)
, except that the department of
21corrections may not transfer any person under the age of 18 years to the correctional
22institution authorized in s. 301.16 (1n).
AB732, s. 9
23Section
9. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
24is amended to read:
AB732,7,22
JURISDICTION OVER PERSON
17 18 OR OLDER
AB732, s. 10
3Section
10. 48.44 (title) of the statutes is amended to read:
AB732,7,4
448.44 (title)
Jurisdiction over persons
17 18 or older.
AB732, s. 11
5Section
11. 48.44 (1) of the statutes is amended to read:
AB732,7,86
48.44
(1) The court has jurisdiction over persons
17 18 years of age or older as
7provided under ss. 48.133, 48.355 (4)
, and 48.45 and as otherwise specifically
8provided in this chapter.
AB732, s. 12
9Section
12. 48.45 (1) (a) of the statutes is amended to read:
AB732,7,1910
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
11described in s. 48.13 it appears that any person 17 years of age or older has been
12guilty of contributing to, encouraging, or tending to cause
, by any act or omission
,
13such that is punishable as a felony, that condition of the child
or that any person 18
14years of age or older has been guilty of contributing to, encouraging, or tending to
15cause, by any act or omission that is punishable as a misdemeanor, that condition of
16the child, the judge may make orders with respect to the conduct of
such that person
17in his or her relationship to the child, including orders determining the ability of the
18person to provide for the maintenance or care of the child and directing when, how
, 19and where funds for the maintenance or care shall be paid.
AB732, s. 13
20Section
13. 48.45 (1) (a) of the statutes, as affected by 2009 Wisconsin Act ....
21(this act), is repealed and recreated to read:
AB732,8,322
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
23described in s. 48.13 it appears that any person 18 years of age or older has been
24guilty of contributing to, encouraging, or tending to cause, by any act or omission,
25that condition of the child, the judge may make orders with respect to the conduct
1of that person in his or her relationship to the child, including orders determining
2the ability of the person to provide for the maintenance or care of the child and
3directing when, how, and where funds for the maintenance or care shall be paid.
AB732, s. 14
4Section
14. 48.45 (1) (am) of the statutes is amended to read:
AB732,8,145
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
6child's expectant mother alleged to be in a condition described in s. 48.133 it appears
7that any person 17 years of age or over has been guilty of contributing to,
8encouraging, or tending to cause
, by any act or omission
, such that is punishable as
9a felony, that condition of the unborn child and expectant mother
or that any person
1018 years of age or over has been guilty of contributing to, encouraging, or tending to
11cause, by any act or omission that is punishable as a misdemeanor, that condition of
12the unborn child and expectant mother, the judge may make orders with respect to
13the conduct of
such that person in his or her relationship to the unborn child and
14expectant mother.
AB732, s. 15
15Section
15. 48.45 (1) (am) of the statutes, as affected by 2009 Wisconsin Act
16.... (this act), is repealed and recreated to read:
AB732,8,2217
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
18child's expectant mother alleged to be in a condition described in s. 48.133 it appears
19that any person 18 years of age or older has been guilty of contributing to,
20encouraging, or tending to cause, by any act or omission, that condition of the unborn
21child and expectant mother, the judge may make orders with respect to the conduct
22of that person in his or her relationship to the unborn child and expectant mother.
AB732, s. 16
23Section
16. 48.45 (3) of the statutes is amended to read:
AB732,9,524
48.45
(3) If it appears at a court hearing that any person 17 years of age or older
25has violated s. 948.40
and that the violation is punishable as a felony or that any
1person 18 years of age or older has violated s. 948.40 and that the violation is
2punishable as a misdemeanor, the judge shall refer the record to the district attorney
3for criminal proceedings as may be warranted in the district attorney's judgment.
4This subsection does not prevent prosecution of violations of s. 948.40 without the
5prior reference by the judge to the district attorney, as in other criminal cases.
AB732, s. 17
6Section
17. 48.45 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this
7act), is repealed and recreated to read:
AB732,9,128
48.45
(3) If it appears at a court hearing that any person 18 years of age or older
9has violated s. 948.40, the judge shall refer the record to the district attorney for
10criminal proceedings as may be warranted in the district attorney's judgment. This
11subsection does not prevent prosecution of violations of s. 948.40 without the prior
12reference by the judge to the district attorney, as in other criminal cases.
AB732, s. 18
13Section
18. 118.163 (4) of the statutes is amended to read:
AB732,9,1514
118.163
(4) A person who is under
17
18 years of age on the date of disposition
15is subject to s. 938.342.
AB732, s. 19
16Section
19. 125.07 (4) (d) of the statutes is amended to read:
AB732,9,2017
125.07
(4) (d) A person who is under
17 18 years of age on the date of disposition
18is subject to s. 938.344 unless proceedings have been instituted against the person
19in a court of civil or criminal jurisdiction after dismissal of the citation under s.
20938.344 (3).
AB732, s. 20
21Section
20. 125.07 (4) (e) 1. of the statutes is amended to read:
AB732,9,2322
125.07
(4) (e) 1. In this paragraph, "defendant" means a person found guilty
23of violating par. (a) or (b) who is
17, 18, 19
, or 20 years of age.
AB732, s. 21
24Section
21. 125.085 (3) (bt) of the statutes is amended to read:
AB732,10,4
1125.085
(3) (bt) A person who is under
17 18 years of age on the date of
2disposition is subject to s. 938.344 unless proceedings have been instituted against
3the person in a court of civil or criminal jurisdiction after dismissal of the citation
4under s. 938.344 (3).
AB732, s. 22
5Section
22. 165.83 (1) (c) 1. of the statutes is amended to read:
AB732,10,86
165.83
(1) (c) 1. An act that is committed by a person who has attained the age
7of 17 and that is a felony or
an act that is committed by a person who has attained
8the age of 18 and that is a misdemeanor.
AB732, s. 23
9Section
23. 165.83 (1) (c) 1. of the statutes, as affected by 2009 Wisconsin Act
10.... (this act), is repealed and recreated to read:
AB732,10,1211
165.83
(1) (c) 1. An act that is committed by a person who has attained the age
12of 18 and that is a felony or a misdemeanor.
AB732, s. 24
13Section
24. 165.83 (1) (c) 2. of the statutes is amended to read:
AB732,10,1814
165.83
(1) (c) 2. An act that is committed by a person who has attained the age
15of 10 but who has not attained the age of 17 and that would be a felony
or
16misdemeanor if committed by an adult
or an act that is committed by a person who
17has attained the age of 10 but who has not attained the age of 18 and that would be
18a misdemeanor if committed by an adult.
AB732, s. 25
19Section
25. 165.83 (1) (c) 2. of the statutes, as affected by 2009 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB732,10,2321
165.83
(1) (c) 2. An act that is committed by a person who has attained the age
22of 10 but who has not attained the age of 18 and that would be a felony or
23misdemeanor if committed by an adult.
AB732, s. 26
24Section
26. 301.12 (2m) of the statutes is amended to read:
AB732,11,3
1301.12
(2m) The liability specified in sub. (2) shall not apply to persons
17 18 2and older receiving care, maintenance, services
, and supplies provided by prisons
3named in s. 302.01.
AB732, s. 27
4Section
27. 301.12 (14) (a) of the statutes is amended to read:
AB732,11,155
301.12
(14) (a) Except as provided in pars. (b) and (c), liability of a person
6specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under
17 718 years of age in residential, nonmedical facilities such as group homes, foster
8homes, treatment foster homes, residential care centers for children and youth
, and
9juvenile correctional institutions is determined in accordance with the cost-based
10fee established under s. 301.03 (18). The department shall bill the liable person up
11to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
123rd-party benefits, subject to rules
which that include formulas governing ability to
13pay promulgated by the department under s. 301.03 (18). Any liability of the resident
14not payable by any other person terminates when the resident reaches age
17 18,
15unless the liable person has prevented payment by any act or omission.
AB732,12,318
301.12
(14) (a) Except as provided in pars. (b) and (c), liability of a person
19specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 18
20years of age in residential, nonmedical facilities such as group homes, foster homes,
21residential care centers for children and youth, and juvenile correctional institutions
22is determined in accordance with the cost-based fee established under s. 301.03 (18).
23The department shall bill the liable person up to any amount of liability not paid by
24an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules
25that include formulas governing ability to pay promulgated by the department under
1s. 301.03 (18). Any liability of the resident not payable by any other person
2terminates when the resident reaches age 18, unless the liable person has prevented
3payment by any act or omission.
AB732,12,86
301.26
(3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd),
7(gr), (ko), and (o), the department shall allocate funds to each county for services
8under this section.
AB732,12,1911
301.26
(4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the
12per person daily cost assessment to counties shall be
$275 the dollar amount set by
13the department under par. (dm) 1. for care in a Type 1 juvenile correctional facility,
14as defined in s. 938.02 (19),
$275 the dollar amount set by the department under par.
15(dm) 1. for care for juveniles transferred from a juvenile correctional institution
16under s. 51.35 (3), $313 for care in a residential care center for children and youth,
17$200 for care in a group home for children, $75 for care in a foster home, $130 for care
18in a treatment foster home, $103 for departmental corrective sanctions services, and
19$41 for departmental aftercare services.
AB732,13,723
301.26
(4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the
24per person daily cost assessment to counties shall be the dollar amount set by the
25department under par. (dm) 1. for care in a Type 1 juvenile correctional facility, as
1defined in s. 938.02 (19), the dollar amount set by the department under par. (dm)
21. for care for juveniles transferred from a juvenile correctional institution under s.
351.35 (3), $313 for care in a residential care center for children and youth, $200 for
4care in a group home for children, $75 for care in a foster home, $130 for care in a
5treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for
6departmental corrective sanctions services, and $41 for departmental aftercare
7services.
AB732, s. 32
8Section
32. 301.26 (4) (dm) of the statutes is created to read:
AB732,13,179
301.26
(4) (dm) 1. The department shall set the per person cost assessments
10to counties under par. (d) 2. and 3. for care in a Type 1 juvenile correctional facility,
11as defined in s. 938.02 (19), and for care for juveniles transferred from a juvenile
12correctional institution under s. 51.35 (3). In setting those assessments, the
13department may set one assessment for short-term placements of 30 days or less and
14another assessment for long-term placements of more than 30 days. The
15department shall set those assessments at least annually, effective on July 1 of each
16year, and may adjust those assessments more frequently as necessary to reflect the
17average per person daily cost of providing that care.
AB732,14,618
2. a. Before the department may set or adjust an assessment under subd. 1.,
19the department shall submit a plan for the implementation of the proposed
20assessment to the cochairpersons of the joint committee on finance. If the proposed
21assessment involves an increase in the current assessment, the department may also
22submit with the plan a request for supplemental funds from the appropriation
23account under s. 20.865 (4) (a) to be credited to the appropriation account under s.
2420.410 (3) (cd) to provide funding to counties under sub. (3) (c) to cover any increased
25charges to counties expected under the proposed assessment. The joint committee
1on finance may, from the appropriation account under s. 20.865 (4) (a), supplement
2the appropriation account under s. 20.410 (3) (cd) in an amount equal to those
3increased charges expected. If the joint committee on finance approves an increased
4assessment and request for supplemental funds, the department shall increase the
5funds allocated to counties under sub. (3) (c) in proportion to each county's
6proportional use of the services specified in subd. 1.
AB732,14,167
b. If the cochairpersons of the joint committee on finance do not notify the
8department that the committee has scheduled a meeting for the purpose of reviewing
9the plan and request for supplemental funds within 14 working days after the date
10on which the department submits that plan and request, the plan and supplement
11are approved. If, within 14 working days after the date on which the department
12submits the plan and request for supplemental funds, the cochairpersons of the joint
13committee on finance notify the department that the committee has scheduled a
14meeting for the purpose of reviewing that plan and request, the plan may be
15implemented and the supplement may occur only as approved, or modified and
16approved, by the committee.
AB732,14,1917
3. The department shall publish any assessment set or adjusted under subd.
181. in the Wisconsin Administrative Register and is not required to promulgate that
19assessment as a rule under ch. 227.
AB732,14,2522
301.26
(6) (a) The intent of this subsection is to develop criteria to assist the
23legislature in allocating funding, excluding funding for base allocations, from the
24appropriations under s. 20.410 (3) (cd),
(gr), (ko), and (o) for purposes described in
25this section.
AB732,15,73
301.26
(7) Allocations of funds. (intro.) Within the limits of the availability
4of federal funds and of the appropriations under s. 20.410 (3) (cd),
(gr), (ko), and (o),
5the department shall allocate funds for community youth and family aids for the
6period beginning on July 1, 2009, and ending on June 30, 2011, as provided in this
7subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:
AB732,15,1610
301.26
(7) (a) For community youth and family aids under this section,
11amounts not to exceed $50,395,100 for the last 6 months of 2009, $100,790,200 for
122010, and $50,395,100 for the first 6 months of 2011.
In addition to those amounts
13for 2010 and the first 6 months of 2011, for 2010 the department shall allocate for that
14purpose all moneys credited to the appropriation account under s. 20.410 (3) (gr)
15during that year and for the first 6 months of 2011 the department shall allocate for
16that purpose all moneys credited to that appropriation account during that period.
AB732, s. 36
17Section
36. 301.265 of the statutes is created to read:
AB732,15,21
18301.265 Community youth and family aids surcharges. (1) If a court
19imposes a forfeiture for a violation of a traffic regulation, as defined in s. 345.20 (1)
20(b), the court shall impose under ch. 814 a community youth and family aids
21surcharge of $14.
AB732,15,23
22(2) If a forfeiture is suspended in whole or in part, the community youth and
23family aids surcharge shall be reduced in proportion to the suspension.
AB732,16,4
24(3) If any deposit is made for an offense to which this section applies, the person
25making the deposit shall also deposit a sufficient amount to include the community
1youth and family aids surcharge under this section. If the deposit is forfeited, the
2amount of that surcharge shall be transmitted to the secretary of administration
3under sub. (4). If the deposit is returned, the amount of that surcharge shall also be
4returned.
AB732,16,9
5(4) (a) If the surcharge is imposed by a court of record, after the court
6determines the amount due, the clerk of the court shall collect and transmit the
7amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
8shall then make payment to the secretary of administration as provided in s. 59.25
9(3) (f) 2.
AB732,16,1310
(b) If the surcharge is imposed by a municipal court, after a determination by
11the court of the amount due, the court shall collect and transmit the amount to the
12treasurer of the county, city, village, or town, and that treasurer shall make payment
13to the secretary of administration as provided in s. 66.0114 (1) (bm).
AB732,16,16
14(5) All moneys collected from community youth and family aids surcharges
15shall be deposited by the secretary of administration in s. 20.410 (3) (gr) and utilized
16in accordance with s. 301.26.
AB732, s. 37
17Section
37. 302.31 (7) of the statutes is amended to read:
AB732,16,2318
302.31
(7) The temporary placement of persons in the custody of the
19department, other than persons under
17 18 years of age, and persons who have
20attained the age of
17 18 years but have not attained the age of 25 years who are
21under the supervision of the department under s. 48.366 or 938.355 (4) and who have
22been taken into custody pending revocation of aftercare supervision under s. 48.366
23(5) or 938.357 (5) (e).
AB732, s. 38
24Section
38. 814.75 (1h) of the statutes is created to read:
AB732,16,2525
814.75
(1h) The community youth and family aids surcharge under s. 301.265.
AB732, s. 39
1Section
39. 814.78 (1) of the statutes is renumbered 814.78 (1m).
AB732, s. 40
2Section
40. 814.78 (1j) of the statutes is created to read: