AB130: Bill Text

AB130,380,11 (2) At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.

AB130,380,18 938.595 Duration of control of county departments over delinquents. Except as provided in s. 938.66, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.

AB130,380,20 SUBCHAPTER XVII GENERAL PROVISIONS ON RECORDS

AB130,380,23 938.78 Confidentiality of records. (1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.

AB130,381,2 (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 938.51 or by order of the court.

AB130,381,6 (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency, another social welfare agency, a law enforcement agency, the victim-witness coordinator or a public school district regarding an individual in the care or legal custody of the agency.

AB130,381,15 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employes of the agency who are providing treatment or care for the individual.

AB130,381,20 (d) Paragraph (a) does not prohibit the department or a county department from disclosing information about an individual formerly under the supervision of the department under s. 938.183 or 938.34 (4m) or formerly under the supervision of the department or county department under s. 938.34 (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

AB130,381,21 1. The subject of a presentence investigation under s. 972.15.

AB130,381,22 2. Under sentence to the Wisconsin state prisons under s. 973.15.

AB130,381,24 3. Subject to an order under s. 938.183 or 938.366 and placed in a state prison under s. 938.183 or 938.366 (8).

AB130,381,25 4. On probation to the department of corrections under s. 973.09.

AB130,382,1 5. On parole under s. 302.11 or ch. 304.

AB130,382,8 (e) Paragraph (a) does not prohibit the department of health and social services from disclosing information about an individual adjudged delinquent under s. 938.31 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB130,382,25 (3) If a juvenile adjudged delinquent 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 or a secured child caring institution, has been allowed to leave a secured correctional facility or a secured child caring institution for a specified time period and is absent from the facility or institution for more than 12 hours after the expiration of the specified period, the department of health and social services or the department of corrections 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 or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a juvenile, or information about a juvenile, who is placed in a secured correctional facility operated by that department.

AB130, s. 581 Section 581. 938.988 of the statutes is created to read:

AB130,383,3 938.988 Interstate placement of juveniles. Sections 48.988 and 48.989 apply to the interstate placement of juveniles.

AB130, s. 582 Section 582. 939.62 (3) (a) of the statutes is amended to read:

AB130,383,8 939.62 (3) (a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under chs. 341 to 349 and offenses handled through court proceedings in the court assigned to exercise jurisdiction under ch. chs. 48 and 938, but otherwise have the meanings designated in s. 939.60.

AB130, s. 583 Section 583. 939.62 (3) (b) of the statutes is amended to read:

AB130,383,17 939.62 (3) (b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under chs. 341 to 349 or to offenses handled through court proceedings in the court assigned to exercise jurisdiction under ch. chs. 48 and 938. Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.

AB130, s. 584 Section 584. 939.635 (1) of the statutes is amended to read:

AB130,384,2 939.635 (1) Except as provided in sub. (2), if a person is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), 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. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), the court shall sentence the person to not less than 5 years of imprisonment.

AB130, s. 585 Section 585. 939.635 (2) (b) of the statutes is amended to read:

AB130,384,8 939.635 (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. 48.02 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 586 Section 586. 941.29 (2) of the statutes is amended to read:

AB130,384,15 941.29 (2) Any person specified in sub. (1) who, subsequent to the conviction for the felony or other crime, as specified in sub. (1), subsequent to the adjudication, as specified in sub. (1) (bm), or subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, possesses a firearm is guilty of a Class E felony. Whoever violates this section after being convicted under this section is guilty of a Class D felony.

AB130, s. 587 Section 587. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130,385,10 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured juvenile correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined under s. 48.02 938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 938.183, 938.34 (4g) or (4m), 938.357 (4) or (5) (e) or 938.366 temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. "Custody" also includes the custody by the department of health and social services of a child who is placed in the community under corrective sanctions supervision under s. 48.533 and custody by the department of corrections of a person who is placed in the community under youthful offender supervision under s. 48.537. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under ch. 48 938 unless the person is in actual custody.

AB130, s. 588 Section 588. 946.42 (1) (c) of the statutes is amended to read:

AB130,385,14 946.42 (1) (c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child into custody under s. 48.19 938.19.

AB130, s. 589 Section 589. 946.42 (2) (b) of the statutes is amended to read:

AB130,385,19 946.42 (2) (b) Lawfully taken into custody under s. 48.19 938.19 for a violation of or lawfully alleged or adjudged under ch. 48 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.

AB130, s. 590 Section 590. 946.42 (3) (b) of the statutes is amended to read:

AB130,385,23 946.42 (3) (b) Lawfully taken into custody under s. 48.19 938.19 for or lawfully alleged or adjudged under ch. 48 938 to be delinquent on the basis of a violation of a criminal law.

AB130, s. 591 Section 591. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130,386,3 946.42 (3) (c) Subject to a disposition under s. 48.34 938.34 (4g) or (4m), to a placement under s. 48.357 938.357 (4) or to aftercare revocation under s. 48.357 938.357 (5) (e).

AB130, s. 592 Section 592. 946.42 (3) (d) of the statutes is amended to read:

AB130,386,5 946.42 (3) (d) Subject to an order under s. 48.366 938.366.

AB130, s. 593 Section 593. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377 and 486, is amended to read:

AB130,386,11 946.44 (1) (a) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who intentionally permits a prisoner in the officer's or employe's custody to escape; or

AB130, s. 594 Section 594. 946.44 (2) (c) of the statutes is amended to read:

AB130,386,14 946.44 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 595 Section 595. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130,386,21 946.44 (2) (d) "Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 938.34 (4g) or placed in a secured correctional facility or a secured child caring institution under s. 48.34 938.183, 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366 938.366.

AB130, s. 596 Section 596. 946.45 (1) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,387,3 946.45 (1) Any officer or employe of an institution where prisoners are detained or any officer or employe providing corrective sanctions supervision under s. 48.533 or youthful offender supervision under s. 48.537 who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.

AB130, s. 597 Section 597. 946.45 (2) (c) of the statutes is amended to read:

AB130,387,6 946.45 (2) (c) "Institution" includes a secured juvenile correctional facility and a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 598 Section 598. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130,387,13 946.45 (2) (d) "Prisoner" includes a person who is committed to the custody of the department of corrections under s. 48.34 938.34 (4g) or placed in a secured correctional facility or a secured child caring institution under s. 48.34 938.183, 938.34 (4m) or 48.357 938.357 (4) or (5) (e) or who is subject to an order under s. 48.366 938.366.

AB130, s. 599 Section 599. 946.50 of the statutes is created to read:

AB130,387,19 946.50 Absconding. Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the following:

AB130,387,21 (1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.

AB130,387,23 (2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.

AB130,387,25 (3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony is committed by an adult.

AB130,388,2 (4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.

AB130,388,4 (5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony or a misdemeanor if committed by an adult.

AB130, s. 600 Section 600. 948.01 (1) of the statutes is amended to read:

AB130,388,9 948.01 (1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law "child" does not include a person who has attained the age of 17 years.

AB130, s. 601 Section 601. 948.31 (1) (a) 2. of the statutes is amended to read:

AB130,388,14 948.31 (1) (a) 2. The department of health and social services or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody of the child has been transferred under ch. 48 or 938 to that department, person or agency.

AB130, s. 602 Section 602. 948.31 (1) (b) of the statutes is amended to read:

AB130,388,24 948.31 (1) (b) Except as provided under ch. chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

AB130, s. 603 Section 603. 948.35 (1) (a) of the statutes is amended to read:

AB130,389,6 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455, any person who has attained the age of 18 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a child person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

AB130, s. 604 Section 604. 948.36 (1) of the statutes is amended to read:

AB130,389,14 948.36 (1) Any person who has attained the age of 18 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a child person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.

AB130, s. 605 Section 605. 948.40 (1) of the statutes is amended to read:

AB130,389,19 948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child as defined in s. 48.02 (3m). This subsection includes intentionally encouraging or contributing to an act by a child under the age of 12 10 which would be a delinquent act if committed by a child 12 10 years of age or older.

AB130, s. 606 Section 606. 948.40 (2) of the statutes is amended to read:

AB130,389,24 948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 12 10 that would be a delinquent act if committed by a child 12 10 years of age or older.

AB130, s. 607 Section 607. 948.45 (1) of the statutes is amended to read:

AB130,390,4 948.45 (1) Except as provided in sub. (2), any person 18 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a child person 17 years of age or under is guilty of a Class C misdemeanor.

AB130, s. 608 Section 608. 948.50 (4) (b) of the statutes is amended to read:

AB130,390,8 948.50 (4) (b) Is placed in or transferred to a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g).

AB130, s. 609 Section 609. 948.60 (title), (2) and (3) of the statutes are amended to read:

AB130,390,11 948.60 (title) Possession of a dangerous weapon by a child person under 18.

AB130,390,13 (2) (a) Any child person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

AB130,390,16 (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a child person under 18 years of age is guilty of a Class E felony.

AB130,390,19 (c) Whoever violates par. (b) is guilty of a Class D C felony if the child person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

AB130,390,23 (d) A child person under 17 years of age who has violated this subsection is subject to the provisions of ch. 48 938 unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB130,391,6 (3) (a) This section does not apply to a child person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a child person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

AB130,391,11 (b) This section does not apply to a child person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a child person under 18 years of age in the line of duty.

AB130,391,16 (c) This section does not apply to a child person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 and 29.227. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a child person under 18 years of age who is in compliance with ss. 29.226 and 29.227.

AB130, s. 610 Section 610. 948.61 (4) of the statutes is amended to read:

AB130,391,21 948.61 (4) A child person under 17 years of age who has violated this section is subject to the provisions of ch. 48 938, unless jurisdiction is waived under s. 48.18 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB130, s. 611 Section 611. 950.02 (1m) of the statutes is amended to read:

AB130,391,25 950.02 (1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child, would constitute a delinquent act under ch. 48 938.