Amendment AA26-AB130

AB130-AA26,14,21 48.12 (2) If a court proceeding has been commenced under this section before a child is 18 17 years of age, but the child becomes 18 17 years of age before admitting the facts of the petition at the plea hearing or if the child denies the facts, before an adjudication, the court retains jurisdiction over the case to dismiss the action with prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree. If the court finds that the child has failed to fulfill the express terms and conditions of the consent decree or the child objects to the continuation of the consent decree, the court may waive its jurisdiction.".

AB130-AA26,14,22 32. Page 55, line 18: delete lines 18 and 19 and substitute:

AB130-AA26,14,23 " Section 114d. 48.18 (title) and (1) of the statutes are repealed.

AB130-AA26, s. 114g Section 114g. 48.18 (2) of the statutes is repealed.

AB130-AA26, s. 114j Section 114j. 48.18 (2m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-AA26, s. 114m Section 114m. 48.18 (3) of the statutes is repealed.

AB130-AA26, s. 114p Section 114p. 48.18 (4) of the statutes is repealed.

AB130-AA26, s. 114r Section 114r. 48.18 (5) (intro.) of the statutes is repealed.

AB130-AA26, s. 114v Section 114v. 48.18 (5) (a) of the statutes is repealed.

AB130-AA26, s. 115d Section 115d. 48.18 (5) (b) of the statutes is repealed.

AB130-AA26, s. 115g Section 115g. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,15,14 48.18 (5) (c) The adequacy and suitability of facilities, services and procedures available for treatment of the child and protection of the public within the juvenile justice system, and, where applicable, the mental health system and the suitability of the child for placement in the youthful offender program under s. 48.537 or the adult intensive sanctions program under s. 301.048.

AB130-AA26, s. 115j Section 115j. 48.18 (5) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-AA26, s. 115m Section 115m. 48.18 (5) (d) of the statutes is repealed.

AB130-AA26, s. 115p Section 115p. 48.18 (6) of the statutes is repealed.

AB130-AA26, s. 115r Section 115r. 48.18 (8) of the statutes is repealed.

AB130-AA26, s. 115v Section 115v. 48.18 (9) of the statutes is repealed.".

AB130-AA26,15,21 33. Page 56, line 7: after that line insert:

AB130-AA26,15,23 " Section 119m. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,16,5 48.19 (1) (d) 6. The child has violated the terms of court-ordered supervision or aftercare supervision administered by the department of health and social services or a county department, or of corrective sanctions supervision administered by the department of health and social services or youthful offender supervision administered by the department of corrections.".

AB130-AA26,16,6 34. Page 56, line 9: after "377" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,16,7 35. Page 58, line 18: delete lines 18 to 23 and insert:

AB130-AA26,16,9 " Section 135m. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,16,14 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, or corrective sanctions or youthful offender supervision.

AB130-AA26, s. 135p Section 135p. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,16,18 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.

AB130-AA26, s. 135r Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-AA26,17,4 48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare, or corrective sanctions or youthful offender supervision. For children on aftercare, or corrective sanctions or youthful offender supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.".

AB130-AA26,17,5 36. Page 58, line 25: after "385" insert "and 1995 Wisconsin Act .... (this act)".

AB130-AA26,17,6 37. Page 60, line 20: delete lines 20 to 25.

AB130-AA26,17,7 38. Page 61, line 1: delete lines 1 to 3 and substitute:

AB130-AA26,17,9 " Section 148m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,17,16 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer legal custody of the child to the department of corrections for participation in the youthful offender program or transfer jurisdiction over the child to adult court.

AB130-AA26, s. 148p Section 148p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,17,23 48.23 (1) (a) Any child held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver.".

AB130-AA26,17,24 39. Page 66, line 7: after that line insert:

AB130-AA26,18,1 " Section 177m. 48.255 (1) (intro.) of the statutes is amended to read:

AB130-AA26,18,7 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, "In the interest of (child's name), a person under the age of 18", and. A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity:

AB130-AA26, s. 177p Section 177p. 48.255 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,18,12 48.255 (1) (intro.) A petition initiating proceedings under this chapter shall be entitled, "In the interest of (child's name), a person under the age of 18", and shall set forth with specificity:".

AB130-AA26,18,13 40. Page 68, line 23: delete lines 23 to 25.

AB130-AA26,18,14 41. Page 69, line 1: delete lines 1 to 8 and substitute:

AB130-AA26,18,15 " Section 190m. 48.275 (2) (a) of the statutes is amended to read:

AB130-AA26,19,2 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to provide a statement of income, assets and living expenses to the county department and shall order that parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB130-AA26, s. 190p Section 190p. 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,19,13 48.275 (2) (a) If this state or a county provides legal counsel to a child subject to a proceeding under s. 48.13, the court shall order the child's parent to reimburse the state or county in accordance with par. (b) or (c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child with legal counsel in the proceeding.

AB130-AA26, s. 190r Section 190r. 48.275 (2) (b) of the statutes is amended to read:

AB130-AA26,19,23 48.275 (2) (b) If this state provides the child with legal counsel and the court orders reimbursement under par. (a), the county department shall child's parent may request the state public defender to determine whether the parent is indigent as provided under s. 977.07 and shall determine the amount of reimbursement. If the parent is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under s. 977.02 (3).".

AB130-AA26,19,24 42. Page 82, line 16: delete that line and substitute:

AB130-AA26,20,2 " Section 263k. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).

AB130-AA26, s. 263m Section 263m. 48.34 (10) (a) of the statutes is amended to read:

AB130-AA26,20,6 48.34 (10) (a) The judge may order that a child, on attaining 17 or more years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.

AB130-AA26, s. 263p Section 263p. 48.34 (10) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 48.345 (10) (a).

AB130-AA26, s. 263r Section 263r. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).

AB130-AA26, s. 263t Section 263t. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).".

AB130-AA26,20,11 43. Page 83, line 11: after that line insert:

AB130-AA26,20,13 " Section 273m. 48.345 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,20,15 48.345 (1) (a) Place the child in a secured correctional facility or transfer the custody of the child to the department of corrections.".

AB130-AA26,20,17 44. Page 83, line 12: on lines 12 and 13, delete "Act 491" and substitute "Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act),".

AB130-AA26,20,18 45. Page 83, line 25: delete that line and substitute:

AB130-AA26,20,19 " Section 284m. 48.35 (1) (c) of the statutes is amended to read:

AB130-AA26,20,24 48.35 (1) (c) Disposition by the court assigned to exercise jurisdiction under this chapter of any allegation under s. 48.12 shall bar any future proceeding on the same matter in criminal court when the child reaches the age of 18 17. This paragraph does not affect proceedings in criminal court which have been transferred under s. 48.18.

AB130-AA26, s. 284p Section 284p. 48.35 (1) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.".

AB130-AA26,21,3 46. Page 84, line 20: delete lines 20 to 25.

AB130-AA26,21,4 47. Page 85, line 1: delete lines 1 to 10 and substitute:

AB130-AA26,21,6 " Section 288m. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-AA26,21,18 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130-AA26, s. 288p Section 288p. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is renumbered 48.355 (4) and amended to read:

AB130-AA26,22,8 48.355 (4) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child or who is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

AB130-AA26, s. 288r Section 288r. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,22,18 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) apply for up to 2 years or until the child's 19th birthdate, whichever is earlier, and the judge shall make an order under s. 48.34 (4g) apply for 5 years, if the child is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the child reaches 25 years of age, if the child is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB130-AA26, s. 288t Section 288t. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), section 288r, is repealed and recreated to read:

AB130-AA26,22,25 48.355 (4) (b) An order under s. 48.34 (4g) or (4m) for which a child has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 48.34 (4m) apply for up to 2 years or until the child's 18th birthdate, whichever is earlier.

AB130-AA26, s. 288v Section 288v. 48.355 (4) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), sections 288r and 288t is repealed.".

AB130-AA26,23,3 48. Page 87, line 15: delete lines 15 to 18 and substitute:

AB130-AA26,23,5 " Section 303m. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-AA26,23,10 48.365 (7) Nothing in this section may be construed to allow any changes in placement or revocation of aftercare, or corrective sanctions or youthful offender supervision. Revocation and other changes in placement may take place only under s. 48.357 or, for a child who is a participant in the youthful offender program, s. 48.537.

AB130-AA26, s. 303p Section 303p. 48.365 (7) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-AA26,23,14 48.365 (7) Nothing in this section may be construed to allow any changes in placement. Changes in placement may take place only under s. 48.357.

AB130-AA26, s. 304m Section 304m. 48.366 (1) (a) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-AA26,23,21 48.366 (1) (a) (intro.) If Subject to par. (c), if the person committed any crime specified under s. 940.01, 940.02, 940.05, 940.21 or 940.225 (1) (a) to (c), 948.03 or 948.04, is adjudged delinquent on that basis and is placed in a secured correctional facility under s. 48.34 (4m), the court shall enter an order extending its jurisdiction as follows:

AB130-AA26, s. 304p Section 304p. 48.366 (1) (b) of the statutes is amended to read:

AB130-AA26,24,3 48.366 (1) (b) If Subject to par. (c), if the person committed a crime specified in s. 940.20 (1) or 946.43 while placed in a secured correctional facility and is adjudged delinquent on that basis following transfer of jurisdiction under s. 970.032, the court shall enter an order extending its jurisdiction until the person reaches 21 years of age or until termination of the order under sub. (6), whichever occurs earlier.

AB130-AA26, s. 304r Section 304r. 48.366 (1) (c) of the statutes is created to read:

AB130-AA26,24,7 48.366 (1) (c) A court may not enter an order extending its jurisdiction as provided in par. (a) or (b) with respect to any violation committed after December 31, 1995.

AB130-AA26, s. 304t Section 304t. 48.366 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-AA26,24,16 48.366 (8) Transfer to or between facilities. The department may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 18 17 years, the department may, after consulting with the department of corrections, place the person in a state prison named in s. 302.01. The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).".

AB130-AA26,24,17 49. Page 88, line 25: after that line insert:

AB130-AA26,24,19 " Section 309m. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read: