SB674: Bill Text

2009 Senate BILL 674

April 7, 2010 - Introduced by Senator Taylor. Referred to Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

SB674,1,10 An Act to amend 48.02 (1d), 48.02 (2), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 938.02 (1), 938.02 (10m), 938.06 (5) (a) 1., 938.06 (5) (b), 938.17 (2) (h) 1., 938.17 (2) (h) 4., 938.17 (2) (i) 4m., 938.255 (1) (intro.), 938.344 (3), 938.355 (6) (a) 1., 938.355 (6) (a) 2., 938.355 (6) (an) 1., 938.355 (6) (an) 2., 938.355 (6) (d) 1., 938.355 (6m) (a) 1g., 990.01 (3) and 990.01 (20) of the statutes; relating to: the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to circuit court or municipal court jurisdiction rather than to juvenile court jurisdiction and prohibiting a juvenile who has committed a civil law or municipal ordinance violation from being placed in a juvenile detention facility.

Analysis by the Legislative Reference Bureau

Under current law, a person 17 years of age or older who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court, while a person under 17 years of age who is alleged to have violated a civil law or municipal ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This bill raises from 17 to 18 the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court.

Under current law, a juvenile adjudged to have committed a civil law or municipal ordinance violation, including a habitual truancy violation, who violates a condition of his or her dispositional order is subject to various sanctions, including placement in a juvenile detention facility or a place of nonsecure custody for not more than 10 days. This bill eliminates placement in a juvenile detention facility as a sanction for a violation of a civil law or ordinance violation dispositional order.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB674, s. 1 Section 1. 48.02 (1d) of the statutes is amended to read:

SB674,2,5 48.02 (1d) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or 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 17 years of age.

SB674, s. 2 Section 2. 48.02 (2) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB674,2,12 48.02 (2) "Child", when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "child" does not include a person who has attained 17 years of age.

SB674, s. 3 Section 3. 118.163 (4) of the statutes is amended to read:

SB674,2,15 118.163 (4) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.342.

SB674, s. 4 Section 4. 125.07 (4) (d) of the statutes is amended to read:

SB674,3,5 125.07 (4) (d) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

SB674, s. 5 Section 5. 125.07 (4) (e) 1. of the statutes is amended to read:

SB674,3,8 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.

SB674, s. 6 Section 6. 125.085 (3) (bt) of the statutes is amended to read:

SB674,3,13 125.085 (3) (bt) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

SB674, s. 7 Section 7. 938.02 (1) of the statutes is amended to read:

SB674,3,18 938.02 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or 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 17 years of age.

SB674, s. 8 Section 8. 938.02 (10m) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB674,3,25 938.02 (10m) "Juvenile", when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

SB674, s. 9 Section 9. 938.06 (5) (a) 1. of the statutes is amended to read:

SB674,4,5 938.06 (5) (a) 1. Use placement in a juvenile detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f) , as a sanction under s. 938.355 (6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.

SB674, s. 10 Section 10. 938.06 (5) (b) of the statutes is amended to read:

SB674,4,10 938.06 (5) (b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted under par. (a).

SB674, s. 11 Section 11. 938.17 (2) (h) 1. of the statutes is amended to read:

SB674,5,2 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 5. that are authorized under par. (cm) except for monitoring by an electronic monitoring system. The municipal court may also petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction of placement in a place of nonsecure custody as specified in s. 938.355 (6) (d) 1. or of home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm). A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

SB674, s. 12 Section 12. 938.17 (2) (h) 4. of the statutes is amended to read:

SB674,5,10 938.17 (2) (h) 4. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction of placement in a place of nonsecure custody as specified in s. 938.355 (6) (d) 1. or of home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the that sanction imposed under s. 938.355 (6) (d) 1. or 3.

SB674, s. 13 Section 13. 938.17 (2) (i) 4m. of the statutes is amended to read:

SB674,5,16 938.17 (2) (i) 4m. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in s. 938.355 (6m) (a) 1g., on a petition described in subd. 2m., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the that sanction imposed under s. 938.355 (6m) (a) 1g.

SB674, s. 14 Section 14. 938.255 (1) (intro.) of the statutes is amended to read:

SB674,5,24 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person under the age of 18". A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition initiating proceedings under this chapter shall specify all of the following:

SB674, s. 15 Section 15. 938.344 (3) of the statutes is amended to read:

SB674,6,8 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th 18th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

SB674, s. 16 Section 16. 938.355 (6) (a) 1. of the statutes is amended to read:

SB674,6,18 938.355 (6) (a) 1. If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d). A sanction may be imposed under this subdivision only if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

SB674, s. 17 Section 17. 938.355 (6) (a) 2. of the statutes is amended to read:

SB674,7,5 938.355 (6) (a) 2. If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12), or (14) or who has been adjudged to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions under par. (d), other than placement in a juvenile detention facility or juvenile portion of a county jail. A sanction may be imposed under this subdivision only if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

SB674, s. 18 Section 18. 938.355 (6) (an) 1. of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB674,7,23 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction under of placement in a place of nonsecure custody as specified in par. (d) 1. or the sanction under par. (d) 3., of home detention with monitoring by an electronic monitoring system as specified in par. (d) 3. A sanction may be imposed under this subdivision only if, at the time of the judgment, the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB674, s. 19 Section 19. 938.355 (6) (an) 2. of the statutes is amended to read:

SB674,8,7 938.355 (6) (an) 2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction under of placement in a place of nonsecure custody as specified in par. (d) 1. or of home detention with monitoring by an electronic monitoring system under as specified in par. (d) 3., on a petition described in subd. 1., the court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the that sanction imposed under par. (d) 1. or 3.

SB674, s. 20 Section 20. 938.355 (6) (d) 1. of the statutes, as affected by 2009 Wisconsin Act 180, is amended to read:

SB674,8,22 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention or nonsecure custody in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

SB674, s. 21 Section 21. 938.355 (6m) (a) 1g. of the statutes, as affected by 2009 Wisconsin Act 180, is amended to read:

SB674,9,16 938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention nonsecure custody in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.

SB674, s. 22 Section 22. 990.01 (3) of the statutes is amended to read:

SB674,9,21 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or 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.

SB674, s. 23 Section 23. 990.01 (20) of the statutes is amended to read:

SB674,9,24 990.01 (20) Minor. "Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or 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.

SB674, s. 24 Section 24. Initial applicability.

SB674,10,6 (1) Civil law, ordinance, or dispositional order violations. This act first applies to a civil law or municipal ordinance violation or a violation of a dispositional order committed on the effective date of this subsection.

SB674,10,7 (End)