AB130-AA26,37,12
22302.31 Use of jails. The county jail may be used for the detention of persons
23charged with crime and committed for trial; for the detention of persons committed
24to secure their attendance as witnesses; to imprison persons committed pursuant to
1a sentence or held in custody by the sheriff for any cause authorized by law; for the
2detention of persons sentenced to imprisonment in state penal institutions or a
3county house of correction, until they are removed to those institutions; for the
4detention of persons participating in the intensive sanctions program; for the
5temporary detention of persons in the custody of the department; and for other
6detentions authorized by law. The county jail may be used for the temporary
7placement of persons in the custody of the department, and persons who have
8attained the age of
18 17 years but have not attained the age of 25 years who are
9under the supervision of the department of health and social services under s. 48.355
10(4) or 48.366 and who have been taken into custody pending revocation of aftercare
11supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision
12under s. 48.357 (5) (e).
AB130-AA26,38,3
15302.31 Use of jails. The county jail may be used for the detention of persons
16charged with crime and committed for trial; for the detention of persons committed
17to secure their attendance as witnesses; to imprison persons committed pursuant to
18a sentence or held in custody by the sheriff for any cause authorized by law; for the
19detention of persons sentenced to imprisonment in state penal institutions or a
20county house of correction, until they are removed to those institutions; for the
21detention of persons participating in the intensive sanctions program; for the
22temporary detention of persons in the custody of the department; and for other
23detentions authorized by law. The county jail may be used for the temporary
24placement of persons in the custody of the department, other than persons under 17
25years of age, and persons who have attained the age of 17 years but have not attained
1the age of 25 years who are under the supervision of the department of health and
2social services under s. 48.366 or 938.355 (4) and who have been taken into custody
3pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).".
AB130-AA26,39,210
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
11973.0135, the parole commission may parole an inmate of the Wisconsin state
12prisons or any felon or any person serving at least one year or more in a county house
13of correction or a county reforestation camp organized under s. 303.07, when he or
14she has served 25% of the sentence imposed for the offense, or 6 months, whichever
15is greater.
The parole commission may parole a participant in the youthful offender
16program under s. 48.537 when he or she has participated in that program for 2 years. 17Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole
18an inmate serving a life term when he or she has served 20 years, as modified by the
19formula under s. 302.11 (1) and subject to extension using the formulas under s.
20302.11 (2). The person serving the life term shall be given credit for time served prior
21to sentencing under s. 973.155, including good time under s. 973.155 (4). The
22secretary may grant special action parole releases under s. 304.02. The department
23or the parole commission shall not provide any convicted offender or other person
1sentenced to the department's custody any parole eligibility or evaluation until the
2person has been confined at least 60 days following sentencing.
AB130-AA26,39,205
304.06
(1) (b)
Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
6973.0135, the parole commission may parole an inmate of the Wisconsin state
7prisons or any felon or any person serving at least one year or more in a county house
8of correction or a county reforestation camp organized under s. 303.07, when he or
9she has served 25% of the sentence imposed for the offense, or 6 months, whichever
10is greater. The parole commission may parole a participant in the serious juvenile
11offender program under s. 938.538 when he or she has participated in that program
12for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
13may parole an inmate serving a life term when he or she has served 20 years, as
14modified by the formula under s. 302.11 (1) and subject to extension using the
15formulas under s. 302.11 (2). The person serving the life term shall be given credit
16for time served prior to sentencing under s. 973.155, including good time under s.
17973.155 (4). The secretary may grant special action parole releases under s. 304.02.
18The department or the parole commission shall not provide any convicted offender
19or other person sentenced to the department's custody any parole eligibility or
20evaluation until the person has been confined at least 60 days following sentencing.".
AB130-AA26,40,2
23"
(1) "Adult" means a person who is 18 years of age or older, except that for
24purposes of prosecuting a person who is alleged to have violated any state or federal
1criminal law or any civil law or municipal ordinance, "adult" means a person who has
2attained 17 years of age.".
AB130-AA26,40,7
4"
(10m) "Juvenile" means a person who is less than 18 years of age, except that
5for purposes of prosecuting a person who is alleged to have violated a state or federal
6criminal law or any civil law or municipal ordinance, "juvenile" does not include a
7person who has attained 17 years of age.".
AB130-AA26,40,18
14"
(2r) If it appears that the child may be suitable for participation in the serious
15juvenile offender program under s. 938.538 or the adult intensive sanctions program
16under s. 301.048, the judge shall order the department of corrections to submit a
17written report analyzing the child's suitability for participation in those programs
18and recommending whether the child should be placed in either of those programs.".
AB130-AA26,41,17
10"
(3r) Serious juvenile offender report. If a child 14 years of age or over has
11been adjudicated delinquent for committing a violation specified in s. 938.34 (4h) (a),
12the report shall be in writing and, in addition to the information specified in sub. (1)
13and in sub. (3) or (4), if applicable, shall include an analysis of the child's suitability
14for placement in a secured correctional facility, a placement specified in s. 938.34 (3)
15or placement in the child's home with supervision and community-based
16programming and a recommendation as to the type of placement for which the child
17is best suited.".
AB130-AA26,41,20
19"
(3g) Monitoring by an electronic monitoring system for a child subject to an
20order under sub. (2r), (3) (a) to (e), (4h) or (4n) who is placed in the community.".
AB130-AA26,42,2
1"
(4h) Serious juvenile offender program. Place the child in the serious
2juvenile offender program under s. 938.538, but only if all of the following apply:
AB130-AA26,42,63
(a) The child is 14 years of age or over and has been adjudicated delinquent for
4committing a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05,
5940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
6(1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.
AB130-AA26,42,97
(b) The judge finds that the only other disposition that would be appropriate
8for the child would be placement of the child in a secured correctional facility under
9sub. (4m).".
AB130-AA26,42,16
14109. Page 308, line 20: delete lines 20 to 23 and substitute: "for a juvenile who
15is subject to an order under s. 938.34 (4h), (4m) or (4n) if the juvenile is 17 years of
16age or older when the".
AB130-AA26,43,2
18"(b) An order under s. 938.34 (4h) or (4m) for which a child has been adjudicated
19delinquent is subject to par. (a), except that the judge may make an order under s.
20938.34 (4m) apply for up to 2 years or until the child's 18th birthdate, whichever is
21earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if
22the child is adjudicated delinquent for committing an act that would be punishable
23as a Class B felony if committed by an adult, or until the child reaches 25 years of
1age, if the child is adjudicated delinquent for committing an act that would be
2punishable as a Class A felony if committed by an adult.".
AB130-AA26,43,8
5113. Page 317, line 22: after the period insert: "A child is who placed in a
6secured child caring institution remains under the supervision of the department,
7remains subject to the rules and discipline of that department and is considered to
8be in custody, as defined in s. 946.42 (1) (a).
AB130-AA26,43,209
(b) If a child who is placed in a secured child caring institution violates a
10condition of his or her placement in the secured child caring institution, the child
11welfare agency operating the secured child caring institution shall notify the
12department, and the department, without a hearing under sub. (1), may return the
13child to a secured correctional facility or place the child in a secure detention facility
14for not more than 30 days as a sanction for that violation. The department shall send
15written notice of the change to the parent, guardian, legal custodian and committing
16court. If a child is returned to a secured correctional facility or placed in a secure
17detention facility under this paragraph, the child welfare agency operating the
18secured child caring institution in which the child was placed shall reimburse the
19department or county for the cost of the child's care while placed in the secured
20correctional facility or secure detention facility under this paragraph.
AB130-AA26,44,221
(c) The child welfare agency that is operating a secured child caring institution
22in which a child has been placed under par. (a) may place the child in a less restrictive
23placement, and may replace in the secured child caring institution that child,
1without a hearing under sub. (1). The child welfare agency shall establish a rate for
2each type of placement in the manner provided in s. 46.037.".
AB130-AA26,45,15
14136. Page 357, line 1: delete "or legal custody"; and after "department" insert
15"of health and social services, department of corrections".
AB130-AA26,45,22
19"
(3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a child who has
20completed the juvenile boot camp program and who is released from a secured
21correctional facility shall be placed under aftercare supervision administered by the
22department.".
