SB55-ASA1,1224,76
938.315
(1) (h) Any period of delay resulting from the need to appoint a
7qualified interpreter.
SB55-ASA1,1224,119
938.355
(6d) (a) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
10who has been adjudged delinquent and who has violated a condition specified in sub.
11(2) (b) 7. from being taken into and held in custody under ss. 938.19 to 938.21.
SB55-ASA1, s. 2054
12Section
2054. 938.355 (6d) (b) 4. of the statutes is created to read:
SB55-ASA1,1224,1513
938.355
(6d) (b) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
14who has violated a condition of aftercare supervision administered by a county
15department from being taken into and held in custody under ss. 938.19 to 938.21.
SB55-ASA1, s. 2055
16Section
2055. 938.355 (6d) (c) 4. of the statutes is created to read:
SB55-ASA1,1224,2017
938.355
(6d) (c) 4. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
18who has been found to be in need of protection or services and who has violated a
19condition specified in sub. (2) (b) 7. from being taken into and held in custody under
20ss. 938.19 to 938.21.
SB55-ASA1,1225,1222
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
23caring institution under s. 938.34 (4d) violates a condition of his or her placement in
24the Type 2 child caring institution, the child welfare agency operating the Type 2
25child caring institution shall notify the county department that has supervision over
1the juvenile and, if the county department agrees to a change in placement under this
2subdivision, the child welfare agency shall notify the department and the
3department, after consulting with the child welfare agency, may place the juvenile
4in a Type 1 secured correctional facility under the supervision of the department,
5without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
6in a Type 1 secured correctional facility under this subdivision, the county
7department that has supervision over the juvenile shall reimburse the child welfare
8agency operating the Type 2 child caring institution in which the juvenile was placed
9at the rate established under s. 46.037, and that child welfare agency shall reimburse
10the department at the rate specified in s. 301.26 (4) (d) 2.
, 3. or 4. or 3., whichever is
11applicable, for the cost of the juvenile's care while placed in a Type 1 secured
12correctional facility.
SB55-ASA1,1225,1815
938.532
(1) Program. From the
appropriations appropriation under s. 20.410
16(3)
(bb) and (hm), the department shall provide a juvenile boot camp program for
17juveniles who have been placed under the supervision of the department under s.
18938.183, 938.34 (4h) or (4m)
, or 938.357 (4).
SB55-ASA1,1226,2020
938.533
(2) Corrective sanctions program. From the appropriation under s.
2120.410 (3) (hr), the department shall provide a corrective sanctions program to serve
22an average daily population of 136 juveniles, or an average daily population of more
23than 136 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented
24under s. 13.101 or 16.515 and the positions for the program are increased under s.
2513.101 or 16.505 (2) or if funding and positions to serve more than that average daily
1population are otherwise available, in not less than 3 counties, including Milwaukee
2County. The office of juvenile offender review in the department shall evaluate and
3select for participation in the program juveniles who have been placed under the
4supervision of the department under s. 938.183, 938.34 (4h) or (4m)
, or 938.357 (4).
5The department shall place a program participant in the community, provide
6intensive surveillance of that participant
, and provide an average of
not more than 7$3,000 per year per slot to purchase community-based treatment services for each
8participant. The department shall make the intensive surveillance required under
9this subsection available 24 hours a day, 7 days a week, and may purchase or provide
10electronic monitoring for the intensive surveillance of program participants. The
11department shall provide a report center in Milwaukee County to provide on-site
12programming after school and in the evening for juveniles from Milwaukee County
13who are placed in the corrective sanctions program. A contact worker providing
14services under the program shall have a case load of approximately 10 juveniles and,
15during the initial phase of placement in the community under the program of a
16juvenile who is assigned to that contact worker, shall have not less than one
17face-to-face contact per day with that juvenile. Case management services under
18the program shall be provided by a corrective sanctions agent who shall have a case
19load of approximately 15 juveniles. The department shall promulgate rules to
20implement the program.
SB55-ASA1,1227,722
938.533
(3) (a) A participant in the corrective sanctions program remains
23under the supervision of the department, remains subject to the rules and discipline
24of that department
, and is considered to be in custody, as defined in s. 946.42 (1) (a).
25Notwithstanding ss. 938.19 to 938.21, if a juvenile violates a condition of that
1juvenile's participation in the corrective sanctions program the department may,
2without a hearing, take the juvenile into custody and place the juvenile in a secured
3detention facility or return the juvenile to placement in a Type 1 secured correctional
4facility or a secured child caring institution.
This paragraph does not preclude a
5juvenile who has violated a condition of the juvenile's participation in the corrective
6sanctions program from being taken into and held in custody under ss. 938.19 to
7938.21.
SB55-ASA1,1227,119
938.534
(1) (b) 3m. Subject to par. (d), subds. 1. and 2. do not preclude a juvenile
10who has violated a condition of the juvenile's participation in the program from being
11taken into and held in custody under ss. 938.19 to 938.21.
SB55-ASA1,1227,1713
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
14correctional facility
, or a secured child caring institution
or, if the participant is 17
15years of age or over or 15 years of age or over and transferred under s. 938.357 (4)
16(d), a Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years
,
17unless that period is extended under sub. (4m) (a) 1. or 2. or both.
SB55-ASA1, s. 2063
18Section
2063. 938.538 (3) (a) 1m. of the statutes is amended to read:
SB55-ASA1,1227,2519
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
20committing an act that would be a Class A felony if committed by an adult, placement
21in a Type 1 secured correctional facility
, or a secured child caring institution
or, if the
22participant is 17 years of age or over or 15 years of age or over and transferred under
23s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant
24reaches 25 years of age, unless the participant is released sooner, subject to a
25mandatory minimum period of confinement of not less than one year.
SB55-ASA1,1228,42
938.538
(3) (a) 2. Intensive or other field supervision, including corrective
3sanctions supervision under s. 938.533
, or aftercare supervision
or, if the participant
4is 17 years of age or over, intensive sanctions supervision under s. 301.048.
SB55-ASA1,1228,146
938.538
(3) (b) The department may provide the sanctions under par. (a) in any
7order, may provide more than one sanction at a time
and
, may return
a participant 8to a sanction that was used previously for
a the participant
, and, in returning a
9participant to the sanction provided in par. (a) 1., may extend the period specified in
10par. (a) 1. as provided in sub. (4 m) (a) 1. or petition the court to extend that period
11as provided in sub. (4m) (a) 2., or both. Notwithstanding ss. 938.357, 938.363
, and
12938.533 (3),
but subject to sub. (4m) (a) 2., a participant is not entitled to a hearing
13regarding the department's exercise of authority under this subsection unless the
14department provides for a hearing by rule.
SB55-ASA1,1229,316
938.538
(4) (a) A participant in the serious juvenile offender program is under
17the supervision and control of the department, is subject to the rules and discipline
18of the department
, and is considered to be in custody, as defined in s. 946.42 (1) (a).
19Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or
20her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2
21secured correctional facility the department may, without a hearing, take the
22participant into custody and return him or her to placement in a Type 1 secured
23correctional facility
, or a secured child caring institution
or, if the participant is 17
24years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional
25failure of a participant to remain within the extended limits of his or her placement
1while participating in the serious juvenile offender program
or to return within the
2time prescribed by the administrator of the division of intensive sanctions in the
3department is considered an escape under s. 946.42 (3) (c).
SB55-ASA1, s. 2067
4Section
2067
. 938.538 (4) (a) of the statutes, as affected by 2001 Wisconsin Act
5.... (this act), is amended to read:
SB55-ASA1,1229,186
938.538
(4) (a) A participant in the serious juvenile offender program is under
7the supervision and control of the department, is subject to the rules and discipline
8of the department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
9Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or
10her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2
11secured correctional facility the department may, without a hearing, take the
12participant into custody and return him or her to placement in a Type 1 secured
13correctional facility or a secured child caring institution. Any intentional failure of
14a participant to remain within the extended limits of his or her placement while
15participating in the serious juvenile offender program is considered an escape under
16s. 946.42 (3) (c).
This paragraph does not preclude a juvenile who has violated a
17condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from
18being taken into and held in custody under ss. 938.19 to 938.21.
SB55-ASA1,1229,2420
938.538
(4m) Extension of Type 1 placement period. (a) 1. The department
21may extend the period for which a participant may be placed as described in sub. (3)
22(a) 1. for an additional period of not more than 30 days. A participant is not entitled
23to a hearing regarding the department's exercise of authority under this subdivision
24unless the department provides for a hearing by rule.
SB55-ASA1,1230,20
12. The department or the district attorney of the county in which the
2dispositional order was entered may petition the court to extend the period for which
3a participant may by placed as described in sub. (3) (a) 1. for an additional period of
4not more than 2 years. The petition shall set forth in detail facts showing that the
5participant is in need of the supervision, care, and rehabilitation that a placement
6described in sub. (3) (a) 1. provides and that public safety considerations require that
7the participant be placed in that placement. The court shall hold a hearing on the
8petition, unless written waivers of objection to the extension are signed by all parties
9entitled to receive notice and the court approves. If a hearing is held, the court shall
10provide notice of the hearing, together with a copy of the petition, to the participant,
11the participant's parent, guardian, and legal custodian, all parties bound by the
12dispositional order, and the district attorney of the county in which the dispositional
13order was entered at least 3 days prior to the hearing and, at the hearing, any of those
14persons may present evidence relevant to the issue of extension and make
15alternative placement recommendations. If the court finds by a preponderance of the
16evidence that the participant is in need of the supervision, care, and rehabilitation
17that a placement described in sub. (3) (a) 1. provides and that public safety
18considerations require that the participant be placed in that placement, the court
19may extend the period for which the participant may be placed as described in sub
20(3) (a) 1. for an additional period of not more than 2 years.
SB55-ASA1,1230,2221
3. An extension of a participant's placement under subd. 1. does not preclude
22an extension of that participant's placement under subd. 2., and vice versa.
SB55-ASA1,1231,623
(b) By the first day of the 2nd month beginning after the effective date of this
24paragraph .... [revisor inserts date], the department shall provide notice to all
25participants in the serious juvenile offender program that a placement under sub.
1(3) (a) 1. may be extended under par. (a) 1. or 2. or both. Notwithstanding par. (a) 1.
2and 2. and sub. (3) (a) 1., the department may not extend, or petition the court to
3extend, the placement under sub. (3) (a) 1. of a juvenile who is a participant in the
4serious juvenile offender program on the effective date of this paragraph .... [revisor
5inserts date], based on acts committed by that participant prior to the date on which
6the notice under this paragraph is given to that participant.
SB55-ASA1,1231,118
938.538
(5) (c) Sections 938.357 and 938.363 do not apply to changes of
9placement and revisions of orders for a juvenile who is a participant in the serious
10juvenile offender program
, except that s. 938.357 (4) (d) applies to the transfer of a
11participant to the Racine youthful offender correctional facility named in s. 302.01.
SB55-ASA1,1231,2113
938.538
(6) Purchase of services. The department of corrections may contract
14with the department of health and family services, a county department
, or any
15public or private agency for the purchase of goods, care
, and services for participants
16in the serious juvenile offender program. The department of corrections shall
17reimburse a person from whom it purchases goods, care
, or services under this
18subsection from the appropriation under s. 20.410 (3) (cg)
or, if the person for whom
19the goods, care or services are purchased is placed in a Type 1 prison, as defined s.
20301.01 (5), or is under intensive sanctions supervision under s. 301.048, from the
21appropriate appropriation under s. 20.410 (1).
SB55-ASA1,1232,623
938.539
(3) Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a
24Type 2 child caring institution under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2
25secured correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his
1or her placement in the Type 2 child caring institution or Type 2 secured correctional
2facility, the juvenile may be placed in a Type 1 secured correctional facility as
3provided in s. 938.357 (4) (b).
This subsection does not preclude a juvenile who has
4violated a condition of the juvenile's placement in a Type 2 secured correctional
5facility or a Type 2 child caring institution from being taken into and held in custody
6under ss. 938.19 to 938.21.
SB55-ASA1,1232,118
938.992
(3) Notwithstanding s. 938.991 (3) (b), "delinquent juvenile" does not
9include a person subject to an order under s. 48.366 who is confined to a state prison
10under s. 302.01
or a person subject to an order under s. 938.34 (4h) who is 17 years
11of age or over.
SB55-ASA1,1232,1313
939.32
(1) (title)
Generally.
SB55-ASA1,1232,1715
939.32
(1m) Bifurcated sentences. (a) Subject to s. 973.01 (2) (d), if the court
16imposes a bifurcated sentence under s. 973.01 (1) for an attempt to commit a crime
17that is punishable under sub. (1) (intro.), the following requirements apply:
SB55-ASA1,1232,2018
1. If the completed crime is a classified felony, the maximum term of
19confinement in prison is one-half of the maximum term of confinement in prison for
20the classified felony.
SB55-ASA1,1232,2321
2.
If the completed crime is not a classified felony, the maximum term of
22confinement is 75% of the maximum term of imprisonment under sub. (1) (intro.) for
23an attempt to commit the crime.
SB55-ASA1,1233,324
(b) Subject to s. 973.01 (2) (d), the maximum term of confinement in prison
25specified under par. (a) may be increased under s. 939.62 (1) or 961.48. If the
1maximum term of confinement in prison specified in par. (a) is increased under this
2paragraph, the maximum term of imprisonment under sub. (1) is increased by the
3same amount.
SB55-ASA1,1233,55
939.32
(2) (title)
Misdemeanor computer crimes.
SB55-ASA1,1233,77
939.32
(3) (title)
Requirements.
SB55-ASA1,1233,139
939.74
(1) Except as provided in
sub.
subs. (2)
, and (2d) and s. 946.88 (1),
10prosecution for a felony must be commenced within 6 years and prosecution for a
11misdemeanor or for adultery within 3 years after the commission thereof. Within the
12meaning of this section, a prosecution has commenced when a warrant or summons
13is issued, an indictment is found, or an information is filed.
SB55-ASA1,1233,1815
939.74
(2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
16948.05, 948.06, 948.07 (1), (2), (3)
, or (4), 948.08
, or 948.095 shall be commenced
17before the victim reaches the age of 31 years or be barred
, except as provided in sub.
18(2d) (c).
SB55-ASA1,1233,2220
939.74
(2d) (a) In this subsection, "deoxyribonucleic acid profile" means any
21analysis of deoxyribonucleic acid that results in the identification of an individual's
22patterned chemical structure of genetic information.
SB55-ASA1,1234,523
(b) If the state has evidence of a deoxyribonucleic acid profile of a person who
24committed a violation of s. 940.225 (1) or (2), the evidence was collected before the
25time limitation under sub. (1) expired, and comparisons of the evidence to
1deoxyribonucleic acid profiles of known persons made before the time limitation
2expired did not result in a probable identification of the person, the state may
3commence prosecution of the person within 12 months after comparison of the
4deoxyribonucleic evidence relating to the violation results in a probable
5identification of the person.
SB55-ASA1,1234,136
(c) If the state has evidence of a deoxyribonucleic acid profile of a person who
7committed a violation of s. 948.02 (1) or (2) or 948.025, the evidence was collected
8before the time limitation under sub. (2) (c) expired, and comparisons of the evidence
9to deoxyribonucleic acid profiles of known persons made before the time limits
10expired did not result in a probable identification of the person, the state may
11commence prosecution of the person within 12 months after comparison of the
12deoxyribonucleic evidence relating to the violation results in a probable
13identification of the person.
SB55-ASA1, s. 3937j
14Section 3937j. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b) and
15amended to read:
SB55-ASA1,1234,2216
940.09
(1d) (b) If the person who committed an offense under sub. (1) (a), (b),
17(c)
, or (d) has 2 or more prior convictions, suspensions
, or revocations,
as counting
18convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other
19convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure
20under s. 346.65 (6) may be followed regarding the immobilization or the seizure and
21forfeiture of a motor vehicle owned by the person who committed the offense or the
22equipping of a motor vehicle owned by the person with an ignition interlock device.
SB55-ASA1,1235,424
940.09
(1d) (a) Notwithstanding par. (b), if the person who committed an
25offense under sub. (1) (a), (b), (c), or (d) has 2 or more convictions, suspensions, or
1revocations counted under s. 343.307 (1) within any 5-year period, the procedure
2under s. 343.301 shall be followed if the court enters an order regarding operating
3privilege restriction and the installation of an ignition interlock device or enters an
4order regarding immobilization.
SB55-ASA1, s. 3937m
5Section 3937m. 940.09 (1d) (a) of the statutes, as created by 2001 Wisconsin
6Act .... (this act), is renumbered 940.09 (1d) (a) 2.
SB55-ASA1,1235,148
940.09
(1d) (a) 1. Except as provided in subd. 2., if the person who committed
9an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions,
10suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the
11person's lifetime, plus other convictions, suspensions, or revocations counted under
12s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an
13order regarding operating privilege restriction or enters an order regarding
14immobilization.
SB55-ASA1, s. 3937p
15Section 3937p. 940.09 (1d) (b) of the statutes, as affected by 2001 Wisconsin
16Act .... (this act), is amended to read:
SB55-ASA1,1235,2417
940.09
(1d) (b) If the person who committed an offense under sub. (1) (a), (b),
18(c), or (d) has 2 or more prior convictions, suspensions, or revocations, counting
19convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other
20convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure
21under s. 346.65 (6)
may shall be followed
regarding the immobilization or if the court
22orders the seizure and forfeiture of
a the motor vehicle owned by the person
who
23committed the offense or the equipping of a motor vehicle owned by the person with
24an ignition interlock device and used in the violation.
SB55-ASA1, s. 3938j
1Section 3938j. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b) and
2amended to read:
SB55-ASA1,1236,93
940.25
(1d) (b) If the person who committed an offense under sub. (1) (a), (b),
4(c)
, or (d) has 2 or more prior convictions, suspensions
, or revocations,
as counting
5convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other
6convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure
7under s. 346.65 (6) may be followed regarding the immobilization or the seizure and
8forfeiture of a motor vehicle owned by the person who committed the offense or the
9equipping of a motor vehicle owned by the person with an ignition interlock device.
SB55-ASA1,1236,1611
940.25
(1d) (a) Notwithstanding par. (b), if the person who committed an
12offense under sub. (1) (a), (b), (c), or (d) has 2 or more convictions, suspensions, or
13revocations counted under s. 343.307 (1) within any 5-year period, the procedure
14under s. 343.301 shall be followed if the court enters an order regarding operating
15privilege restriction and the installation of an ignition interlock device or enters an
16order regarding immobilization.
SB55-ASA1, s. 3938m
17Section 3938m. 940.25 (1d) (a) of the statutes, as created by 2001 Wisconsin
18Act .... (this act), is renumbered 940.25 (1d) (a) 2.
SB55-ASA1,1237,220
940.25
(1d) (a) 1. Except as provided in subd. 2., if the person who committed
21an offense under sub. (1) (a), (b), (c), or (d) has 2 or more prior convictions,
22suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in
23the person's lifetime, plus other convictions, suspensions, or revocations counted
24under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court
1enters an order regarding operating privilege restriction or enters an order
2regarding immobilization.
SB55-ASA1, s. 3938p
3Section 3938p. 940.25 (1d) (b) of the statutes, as affected by 2001 Wisconsin
4Act .... (this act), is amended to read:
SB55-ASA1,1237,125
940.25
(1d) (b) If the person who committed an offense under sub. (1) (a), (b),
6(c), or (d) has 2 or more prior convictions, suspensions, or revocations, counting
7convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other
8convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure
9under s. 346.65 (6)
may shall be followed
regarding the immobilization or if the court
10orders the seizure and forfeiture of
a the motor vehicle owned by the person
who
11committed the offense or the equipping of a motor vehicle owned by the person with
12an ignition interlock device and used in the violation.
SB55-ASA1,1237,1714
943.01
(2) (d) If the total property damaged in violation of sub. (1) is reduced
15in value by more than
$1,000 $2,500. For the purposes of this paragraph, property
16is reduced in value by the amount which it would cost either to repair or replace it,
17whichever is less.
SB55-ASA1,1237,2319
943.01
(2g) (c) The total property damaged in violation of sub. (1) is reduced
20in value by more than $500 but not more than
$1,000
$2,500. For purposes of this
21paragraph, property is reduced in value by the amount that it would cost to repair
22or replace it, whichever is less, plus other monetary losses associated with the
23damage.
SB55-ASA1,1238,4
1943.017
(2) (d) If the total property affected in violation of sub. (1) is reduced
2in value by more than
$1,000 $2,500. For the purposes of this paragraph, property
3is reduced in value by the amount which it would cost to repair or replace it or to
4remove the marking, drawing, writing or etching, whichever is less.
SB55-ASA1,1238,126
943.20
(1) (e) Intentionally fails to return any personal property which is in his
7or her possession or under his or her control by virtue of a written lease or written
8rental agreement
, within 10 days after the lease or rental agreement has expired.
9This paragraph does not apply to a person who returns personal property, except a
10motor vehicle, which is in his or her possession or under his or her control by virtue
11of a written lease or written rental agreement, within 10 days after the lease or rental
12agreement expires.