AB68: Bill Text

AB68,3291 Section 3291 . 938.505 (1) of the statutes is amended to read:

AB68,1704,15 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB68,3292 Section 3292 . 938.505 (1) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1705,2 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4m), or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB68,3293 Section 3293. 938.51 (1m) of the statutes is amended to read:

AB68,1705,13 938.51 (1m) Notification of local agencies. The department of corrections or county department, whichever has supervision over a juvenile described in sub. (1), shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's community supervision plan or aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department of corrections or county department, the community in which the juvenile states that he or she intends to reside.

AB68,3294 Section 3294. 938.52 (1) (d) of the statutes is amended to read:

AB68,1705,17 938.52 (1) (d) Institutions, facilities, and services, including forestry or conservation camps, for the training and treatment of juveniles 10 12 years of age or older who have been adjudged delinquent.

AB68,3295 Section 3295 . 938.52 (2) (a) of the statutes is amended to read:

AB68,1706,3 938.52 (2) (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or development developmental disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

AB68,3296 Section 3296 . 938.52 (2) (a) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1706,14 938.52 (2) (a) In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4m), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or developmental disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.

AB68,3297 Section 3297 . 938.52 (2) (c) of the statutes is amended to read:

AB68,1706,18 938.52 (2) (c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) who have been placed in the facility.

AB68,3298 Section 3298 . 938.52 (2) (c) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1706,23 938.52 (2) (c) The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4m), or 938.357 (3) or (4) who have been placed in the facility.

AB68,3299 Section 3299 . 938.53 of the statutes is amended to read:

AB68,1707,7 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) a court order under this chapter shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

AB68,3300 Section 3300 . 938.53 of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1707,16 938.53 Duration of control of department of corrections over delinquents. Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under a court order under this chapter shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.

AB68,3301 Section 3301. 938.533 of the statutes, as affected by 2019 Wisconsin Act 8, is repealed.

AB68,3302 Section 3302 . 938.538 (2) (intro.) of the statutes is amended to read:

AB68,1707,24 938.538 (2) Program administration and design. (intro.) The department of corrections shall administer a serious juvenile offender program for juveniles who have been adjudicated delinquent and ordered to participate in the program under s. 938.34 (4h), 2019 stats. The department of corrections shall design the program to provide all of the following:

AB68,3303 Section 3303. 938.538 (3) (a) 1. of the statutes is amended to read:

AB68,1708,4 938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth operated by the department of corrections or in the Mendota juvenile treatment center.

AB68,3304 Section 3304. 938.538 (3) (a) 1m. of the statutes is amended to read:

AB68,1708,11 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult, placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

AB68,3305 Section 3305. 938.538 (3) (a) 2. of the statutes is amended to read:

AB68,1708,14 938.538 (3) (a) 2. Intensive or other field supervision, including community supervision under s. 938.533 aftercare supervision provided by a county department.

AB68,3306 Section 3306. 938.538 (3) (b) of the statutes is amended to read:

AB68,1708,21 938.538 (3) (b) The department may provide the sanctions under par. (a) in any order, may provide more than one sanction at a time and may return to a sanction that was used previously for a participant. Notwithstanding ss. 938.357 , and 938.363 and 938.533 (3), a participant is not entitled to a hearing regarding the department's exercise of authority under this subsection unless the department provides for a hearing by rule.

AB68,3307 Section 3307. 938.538 (4) (a) of the statutes is amended to read:

AB68,1709,13 938.538 (4) (a) A participant in the program under this section is under the supervision and control of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 juvenile correctional facility the department of corrections may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 juvenile correctional facility or a secured residential care center for children and youth. Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department of corrections is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.

AB68,3308 Section 3308. 938.538 (4) (b) of the statutes is repealed.

AB68,3309 Section 3309. 938.538 (5) (a) of the statutes is amended to read:

AB68,1709,21 938.538 (5) (a) The office of juvenile offender review in the division of juvenile corrections in the department of corrections may release a participant to community aftercare supervision under s. 301.03 (10) (d) at any time after the participant has completed 2 years of participation in the serious juvenile offender program. Community supervision of the participant shall be provided by the department of corrections.

AB68,3310 Section 3310. 938.539 of the statutes is repealed.

AB68,3311 Section 3311 . 938.54 of the statutes is amended to read:

AB68,1710,5 938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (3) or (4) a court order under this chapter. This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

AB68,3312 Section 3312 . 938.54 of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1710,13 938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under a court order under this chapter. This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.

AB68,3313 Section 3313 . 938.57 (3) (title) of the statutes is amended to read:

AB68,1710,16 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

AB68,3314 Section 3314 . 938.57 (3) (a) (intro.) of the statutes is amended to read:

AB68,1710,20 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile person who meets all of the following qualifications:

AB68,3315 Section 3315 . 938.57 (3) (a) 1. of the statutes is amended to read:

AB68,1710,22 938.57 (3) (a) 1. Is 17 years of age or older an adult.

AB68,3316 Section 3316 . 938.57 (3) (a) 3. of the statutes is amended to read:

AB68,1710,25 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

AB68,3317 Section 3317. 938.57 (3) (b) of the statutes is amended to read:

AB68,1711,4 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB68,3318 Section 3318. 938.59 (1) of the statutes is amended to read:

AB68,1711,18 938.59 (1) Investigation and examination. The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (2), (4d), (4m), or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.

AB68,3319 Section 3319. 938.595 of the statutes is amended to read:

AB68,1711,25 938.595 Duration of control of county departments over delinquents. A juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (2), (4d), (4m), or (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.

AB68,3320 Section 3320. 938.78 (2) (d) (intro.) of the statutes is amended to read:

AB68,1712,8 938.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4d), 2019 stats., or s. 938.34 (4m) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB68,3321 Section 3321. 938.78 (2) (m) of the statutes is created to read:

AB68,1712,12 938.78 (2) (m) Paragraph (a) does not prohibit an agency from disclosing information about an individual under its supervision pursuant to an order under s. 938.369 (3).

AB68,3322 Section 3322. 939.50 (3) (d) of the statutes is amended to read:

AB68,1712,15 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 20 years, or both.

AB68,3323 Section 3323. 939.616 (1g) of the statutes is amended to read:

AB68,1712,21 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided under s. 973.018, the court may not make an extended supervision eligibility date determination on a date that will occur before the person has served a 25-year term of confinement in prison.

AB68,3324 Section 3324. 939.62 (2m) (b) (intro.) of the statutes is amended to read:

AB68,1712,25 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which he or she is presently being sentenced was committed after he or she attained the age of 18 and one of the following applies:

AB68,3325 Section 3325. 939.632 (1) (e) 1. of the statutes is amended to read:

AB68,1713,7 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

AB68,3326 Section 3326 . 939.632 (1) (e) 3. of the statutes is amended to read:

AB68,1713,10 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

AB68,3327 Section 3327. 940.203 (1) (c) of the statutes is amended to read:

AB68,1713,19 940.203 (1) (c) “Law enforcement officer" means any person who currently is or was employed by the state, by any political subdivision, or as a tribal law enforcement officer for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances has the meaning given in s. 165.85 (2) (c) and includes a person who formerly was a law enforcement officer under that definition.

AB68,3328 Section 3328 . 941.237 (1) (d) of the statutes is amended to read:

AB68,1713,24 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

AB68,3329 Section 3329. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

AB68,1714,4 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

AB68,1714,6 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.

AB68,1714,9 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

AB68,3330 Section 3330 . 941.29 (1m) (g) of the statutes is amended to read:

AB68,1714,12 941.29 (1m) (g) The person is subject to an order not to possess a firearm under s. 813.123 (5m), 813.124 (2t) or (3), or 813.125 (4m).

AB68,3331 Section 3331 . 941.296 (1) (b) of the statutes is amended to read:

AB68,1714,15 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB68,3332 Section 3332 . 941.315 (5) of the statutes is amended to read: