Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,528,19 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the juvenile may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the juvenile outside the home even though the parent was not represented by counsel.

AB133-ASA1-AA2, s. 3142m Section 3142m. 938.23 (3) of the statutes is amended to read:

AB133-ASA1-AA2,528,25 938.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 938.13, at At any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the juvenile in a proceeding under s. 938.13.

AB133-ASA1-AA2, s. 3142p Section 3142p. 938.23 (4) of the statutes is amended to read:

AB133-ASA1-AA2,529,17 938.23 (4) Providing counsel. In any situation under this section in which a person juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person juvenile to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. In any situation under sub. (2) in which a parent 18 years of age or over is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified in s. 977.01 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.".

AB133-ASA1-AA2,529,18 1010. Page 1432, line 21: after that line insert:

AB133-ASA1-AA2,529,19 " Section 3142r. 938.243 (1) (e) of the statutes is amended to read:

AB133-ASA1-AA2,529,20 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.".

AB133-ASA1-AA2,529,21 1011. Page 1434, line 2: after that line insert:

AB133-ASA1-AA2,529,22 " Section 3148m. 938.27 (4) (b) of the statutes is amended to read:

AB133-ASA1-AA2,529,24 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-ASA1-AA2,530,1 1012. Page 1435, line 2: after that line insert:

AB133-ASA1-AA2,530,2 " Section 3151d. 938.33 (3) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,530,10 938.33 (3) Correctional placement reports. (intro.) A report recommending placement of a juvenile in a secured correctional facility under the supervision of the department or, a secured child caring institution or a secured group home shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following:

AB133-ASA1-AA2, s. 3152d Section 3152d. 938.33 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,530,17 938.33 (3) (a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, the report shall indicate that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate.

AB133-ASA1-AA2, s. 3153d Section 3153d. 938.33 (3r) of the statutes is amended to read:

AB133-ASA1-AA2,531,4 938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a secured correctional facility or a secured group home under s. 938.34 (4m), a placement specified in s. 938.34 (3) or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.".

AB133-ASA1-AA2,531,5 1013. Page 1435, line 3: after that line insert:

AB133-ASA1-AA2,531,6 " Section 3155d. 938.34 (4m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,531,14 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department, unless the department, after an examination under s. 938.50, determines that placement in a secured correctional facility is more appropriate, but only if all of the following apply:

AB133-ASA1-AA2, s. 3156d Section 3156d. 938.34 (4n) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,531,22 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility or, a secured child caring institution or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility or, secured child caring institution or secured group home:

AB133-ASA1-AA2, s. 3157d Section 3157d. 938.34 (4n) (b) of the statutes is amended to read:

AB133-ASA1-AA2,532,3 938.34 (4n) (b) The county department of the county of the court that placed the juvenile in the secured correctional facility or, secured child caring institution or secured group home.".

AB133-ASA1-AA2,532,4 1014. Page 1435, line 8: after that line insert:

AB133-ASA1-AA2,532,5 " Section 3160d. 938.34 (8d) (c) of the statutes is amended to read:

AB133-ASA1-AA2,532,10 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or, a secured child caring institution or a secured group home fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB133-ASA1-AA2, s. 3162d Section 3162d. 938.345 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,532,14 938.345 (1) (a) Place the juvenile in the serious juvenile offender program, a secured correctional facility or, a secured child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3163d Section 3163d. 938.355 (1) of the statutes is amended to read:

AB133-ASA1-AA2,533,5 938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in s. 938.01. If the disposition places a juvenile who has been adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall include a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. If the judge has determined that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured correctional facility or, a secured child caring institution or a secured group home is not appropriate. If information under s. 938.331 has been provided in a court report under s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

AB133-ASA1-AA2, s. 3164d Section 3164d. 938.357 (3) of the statutes is amended to read:

AB133-ASA1-AA2,533,16 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility or in, a secured child caring institution or a secured group home, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

AB133-ASA1-AA2, s. 3166d Section 3166d. 938.357 (4g) (a) of the statutes is amended to read:

AB133-ASA1-AA2,534,2 938.357 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a secured correctional facility or, a secured child caring institution or a secured group home, or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare provider designated under s. 938.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB133-ASA1-AA2, s. 3167d Section 3167d. 938.357 (4g) (b) of the statutes is amended to read:

AB133-ASA1-AA2,534,11 938.357 (4g) (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or, secured child caring institution or secured group home for a period exceeding 8 months or if the juvenile is subject to s. 48.366 or 938.183. If the department waives that time period, the aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan within 30 days after the date on which the department requests the aftercare plan.

AB133-ASA1-AA2, s. 3168d Section 3168d. 938.357 (4g) (d) of the statutes is amended to read:

AB133-ASA1-AA2,534,15 938.357 (4g) (d) A juvenile may be released from a secured correctional facility or, a secured child caring institution or a secured group home whether or not an aftercare plan has been prepared under this subsection.

AB133-ASA1-AA2, s. 3169d Section 3169d. 938.357 (5) (e) of the statutes is amended to read:

AB133-ASA1-AA2,534,21 938.357 (5) (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or, a secured child caring institution or a secured group home is necessary to protect the public, to provide for the juvenile's rehabilitation or to not depreciate the seriousness of the violation.

AB133-ASA1-AA2, s. 3170d Section 3170d. 938.357 (5) (f) of the statutes is amended to read:

AB133-ASA1-AA2,534,25 938.357 (5) (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or, a secured child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3171d Section 3171d. 938.38 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,535,10 938.38 (3) (a) If the juvenile is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured correctional facility or, a secured child caring institution or a secured group home, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility or, a secured child caring institution or a secured group home, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB133-ASA1-AA2, s. 3173d Section 3173d. 938.51 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,535,18 938.51 (1) (intro.) At least 15 days prior to the date of release from a secured correctional facility or, a secured child caring institution or a secured group home of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

AB133-ASA1-AA2, s. 3174d Section 3174d. 938.51 (1m) of the statutes is amended to read:

AB133-ASA1-AA2,536,3 938.51 (1m) The department or county department having 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 aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility or, from , a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

AB133-ASA1-AA2, s. 3175d Section 3175d. 938.51 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,536,15 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from a secured correctional facility, child caring institution, secured group home, inpatient facility, 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, home 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 period of time and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:".

AB133-ASA1-AA2,536,16 1015. Page 1435, line 8: after that line insert:

AB133-ASA1-AA2,536,17 " Section 3171m. 938.396 (9) of the statutes is amended to read:

AB133-ASA1-AA2,536,24 938.396 (9) Notwithstanding sub. (2) (a), if a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (7) (a) (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a.".

AB133-ASA1-AA2,537,1 1016. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,537,3 " Section 3176m. 938.983 (title) of the statutes is renumbered 254.92 (title) and amended to read:

AB133-ASA1-AA2,537,5 254.92 (title) Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.

AB133-ASA1-AA2, s. 3176n Section 3176n. 938.983 (1) of the statutes is repealed.

AB133-ASA1-AA2, s. 3176p Section 3176p. 938.983 (2) (intro.), (a) and (c) of the statutes are consolidated, renumbered 254.92 (2) (intro.) and amended to read:

AB133-ASA1-AA2,537,12 254.92 (2) (intro.) Except as provided in sub. (3), no No person under 18 years of age may do any of the following: (a) Buy or purchase, attempt to buy any cigarette or tobacco product. (c) Possess purchase or possess any cigarette or tobacco product. except as follows:

AB133-ASA1-AA2, s. 3176q Section 3176q. 938.983 (2) (b) of the statutes is renumbered 254.92 (1) and amended to read:

AB133-ASA1-AA2,537,16 254.92 (1) Falsely No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.

AB133-ASA1-AA2, s. 3176r Section 3176r. 938.983 (3) of the statutes is renumbered 254.92 (2) (a) and amended to read:

AB133-ASA1-AA2,537,22 254.92 (2) (a) A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under s. 134.65 (1).

AB133-ASA1-AA2, s. 3176s Section 3176s. 938.983 (4) of the statutes is renumbered 254.92 (3) and amended to read:

AB133-ASA1-AA2,538,3 254.92 (3) A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of sub. (2) committed in his or her presence that has been sold to and is in the possession of a person under 18 years of age.

AB133-ASA1-AA2, s. 3176t Section 3176t. 938.983 (5) of the statutes is repealed.".

AB133-ASA1-AA2,538,5 1017. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,538,6 " Section 3183d. 938.57 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,538,19 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in juvenile secured correctional institutions or facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB133-ASA1-AA2, s. 3184d Section 3184d. 938.57 (4) of the statutes is amended to read:

AB133-ASA1-AA2,539,8 938.57 (4) A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from secured correctional facilities or, secured child caring institutions operated by the department or secured group homes. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or , secured child caring institutions operated by the department or secured group homes, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

AB133-ASA1-AA2, s. 3186d Section 3186d. 938.78 (3) of the statutes is amended to read:

AB133-ASA1-AA2,540,4 938.78 (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. 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.

AB133-ASA1-AA2, s. 3188d Section 3188d. 939.635 (1) of the statutes is amended to read:

AB133-ASA1-AA2,540,16 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.

AB133-ASA1-AA2, s. 3189d Section 3189d. 939.635 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,540,24 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).".

AB133-ASA1-AA2,541,1 1018. Page 1436, line 16: after that line insert:

AB133-ASA1-AA2,541,2 " Section 3176m. 940.295 (1) (q) of the statutes is repealed.

AB133-ASA1-AA2, s. 3176n Section 3176n. 940.295 (2) (j) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,541,5 940.295 (2) (j) The Wisconsin School for the Deaf under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".

AB133-ASA1-AA2,541,6 1019. Page 1436, line 23: after that line insert:

AB133-ASA1-AA2,541,8 " Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and 945.03 (1m) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,541,11 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E felony:

AB133-ASA1-AA2, s. 3191bf Section 3191bf. 945.03 (2m) of the statutes is created to read:

AB133-ASA1-AA2,541,19 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set up, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, and the person has been penalized under this subsection on 4 or fewer previous separate occasions, the person may be penalized as follows:

AB133-ASA1-AA2,541,21 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.