109,533en
Section 533en. 938.38 (4) (h) of the statutes is created to read:
938.38 (4) (h) If the juvenile is 15 years of age or over, a description of the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:
1. The anticipated age at which the juvenile will be discharged from out-of-home care.
2. The anticipated amount of time available in which to prepare the juvenile for the transition from out-of-home care to independent living.
3. The anticipated location and living situation of the juvenile on discharge from out-of-home care.
4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living.
5. The rationale for each program or service that is or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living, the time frames for delivering those programs or services, and the intended outcome of those programs or services.
938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under this paragraph
par. (ag) shall review the permanency plan every in the manner provided in this subsection not later than 6 months from after the date on which the juvenile was first held in physical custody or placed outside of removed from his or her home and every 12 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under sub. (5m) to review the permanency plan, which hearing may be instead of or in addition to the review under this subsection.
(ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.
109,533er
Section 533er. 938.38 (5) (b) of the statutes is amended to read:
938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent or, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
109,533et
Section 533et. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:
938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home, as described in s. 938.365 (1), for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:
109,533ev
Section 533ev. 938.38 (5) (c) 6. am. of the statutes is renumbered 938.38 (5) (c) 6. cm. and amended to read:
938.38 (5) (c) 6. cm. Being placed in the home of a fit and willing relative of the juvenile.
109,533ex
Section 533ex. 938.38 (5) (c) 6. cg. of the statutes is created to read:
938.38 (5) (c) 6. cg. Being placed with a guardian.
109,533ez
Section 533ez. 938.38 (5) (c) 6. d. of the statutes is amended to read:
938.38 (5) (c) 6. d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
109,533f
Section 533f. 938.38 (5) (c) 7. of the statutes is amended to read:
938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
109,533fb
Section 533fb. 938.38 (5m) of the statutes is created to read:
938.38 (5m) Permanency plan hearing. (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.
(b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, the juvenile's counsel, and the juvenile's guardian ad litem; or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
(c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.
(e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
(f) If the findings of fact and conclusions of law under par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s. 938.363 or order a change in placement under s. 938.357, as appropriate.
109,533fd
Section 533fd. 938.78 (2) (a) of the statutes is amended to read:
938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51 or by order of the court.
109,534
Section 534. 938.78 (3) of the statutes is amended to read:
938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
109,535
Section 535. 939.22 (21) (d) of the statutes is amended to read:
939.22 (21) (d) Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.
109,535m
Section 535m. 939.24 (2) of the statutes is amended to read:
939.24 (2) Except as provided in ss. 940.285, 940.29 and, 940.295, and 943.76, if criminal recklessness is an element of a crime in chs. 939 to 951, the recklessness is indicated by the term "reckless" or "recklessly".
109,536
Section 536. 939.30 (1) of the statutes is amended to read:
939.30 (1) Except as provided in sub. (2) and ss. 948.35 and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D H felony.
109,537
Section 537. 939.30 (2) of the statutes is amended to read:
939.30 (2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class C F felony. For a solicitation to commit a Class E I felony, the actor is guilty of a Class E I felony.
109,538
Section 538. 939.32 (1) (intro.) of the statutes is amended to read:
939.32 (1) Generally. (intro.) Whoever attempts to commit a felony or a crime specified in s. 940.19, 940.195 or 943.20 may be fined or imprisoned or both not to exceed one-half the maximum penalty for the completed crime; as provided under sub. (1g), except:
109,539
Section 539. 939.32 (1) (b) of the statutes is repealed.
109,540
Section 540. 939.32 (1) (bm) of the statutes is created to read:
939.32 (1) (bm) Whoever attempts to commit a Class I felony, other than one to which a penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. or b. is being applied, is guilty of a Class A misdemeanor.
109,541
Section 541. 939.32 (1g) of the statutes is created to read:
939.32 (1g) Maximum penalty. The maximum penalty for an attempt to commit a crime that is punishable under sub. (1) (intro.) is as follows:
(a) The maximum fine is one-half of the maximum fine for the completed crime.
(b) 1. If neither s. 939.62 (1) nor 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.
2. If either s. 939.62 (1) or 961.48 is being applied, the maximum term of imprisonment is determined by the following method:
a. Multiplying by one-half the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
109,542
Section 542. 939.32 (1m) of the statutes is created to read:
939.32 (1m) Bifurcated sentences. If the court imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime that is punishable under sub. (1) (intro.), the following requirements apply:
(a) Maximum term of confinement for attempt to commit classified felony. 1. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and neither s. 939.62 (1) nor 961.48 is being applied, the maximum term of confinement in prison is one-half of the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
2. Subject to the minimum term of extended supervision required under s. 973.01 (2) (d), if the crime is a classified felony and either s. 939.62 (1) or 961.48 is being applied, the court shall determine the maximum term of confinement in prison by the following method:
a. Multiplying by one-half the maximum term of confinement in prison specified in s. 973.01 (2) (b), as increased by any penalty enhancement statutes listed in s. 973.01 (2) (c) 2. a. and b., for the classified felony.
b. Applying s. 939.62 (1) or 961.48 to the product obtained under subd. 2. a.
(b) Maximum term of extended supervision for attempt to commit classified felony. The maximum term of extended supervision for an attempt to commit a classified felony is one-half of the maximum term of extended supervision for the completed crime under s. 973.01 (2) (d).
(c) Maximum term of confinement for attempt to commit unclassified felony or misdemeanor. The court shall determine the maximum term of confinement in prison for an attempt to commit a crime other than a classified felony by applying s. 973.01 (2) (b) 10. to the maximum term of imprisonment calculated under sub. (1g) (b).
109,543
Section 543. 939.32 (2) (title) of the statutes is created to read:
939.32 (2) (title) Misdemeanor computer crimes.
109,544
Section 544. 939.32 (3) (title) of the statutes is created to read:
939.32 (3) (title) Requirements.
109,545
Section 545. 939.50 (1) (intro.) of the statutes is amended to read:
939.50 (1) (intro.) Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85, felonies Felonies in chs. 939 to 951 the statutes are classified as follows:
109,546
Section 546. 939.50 (1) (bc) of the statutes is repealed.
109,547
Section 547. 939.50 (1) (f) of the statutes is created to read:
939.50 (1) (f) Class F felony.
109,548
Section 548. 939.50 (1) (g) of the statutes is created to read:
939.50 (1) (g) Class G felony.
109,549
Section 549. 939.50 (1) (h) of the statutes is created to read:
939.50 (1) (h) Class H felony.
109,550
Section 550. 939.50 (1) (i) of the statutes is created to read:
939.50 (1) (i) Class I felony.
109,551
Section 551. 939.50 (2) of the statutes is amended to read:
939.50 (2) A felony is a Class A, B, BC, C, D or, E, F, G, H, or I felony when it is so specified in chs. 939 to 951 the statutes.
109,552
Section 552. 939.50 (3) (bc) of the statutes is repealed.
109,553
Section 553. 939.50 (3) (c) of the statutes is amended to read:
939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 15 40 years, or both.
109,554
Section 554. 939.50 (3) (d) of the statutes is amended to read:
939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 $100,000 or imprisonment not to exceed 10 25 years, or both.
109,555
Section 555. 939.50 (3) (e) of the statutes is amended to read:
939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 $50,000 or imprisonment not to exceed 5 15 years, or both.
109,556
Section 556. 939.50 (3) (f) of the statutes is created to read:
939.50 (3) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.
109,557
Section 557. 939.50 (3) (g) of the statutes is created to read:
939.50 (3) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.
