AB660: Bill Text

2017 - 2018 LEGISLATURE

2017 Assembly BILL 660

November 22, 2017 - Introduced by Representatives Born, Nygren, Kessler, Berceau, Billings, E. Brooks, Crowley, Genrich, Goyke, Hintz, Kolste, Kulp, Loudenbeck, Mursau, Novak, Quinn, Ripp, Rohrkaste, Shankland, Spiros, Spreitzer, Subeck, C. Taylor and Tittl, cosponsored by Senators Petrowski, L. Taylor and Johnson. Referred to Committee on Criminal Justice and Public Safety.

AB660,2,3 An Act to renumber and amend 48.02 (1d), 48.02 (2), 938.02 (1), 938.02 (10m), 938.355 (4) (b), 948.01 (1), 990.01 (3) and 990.01 (20); to amend subchapter IX (title) of chapter 48 [precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4m) (a), 938.39, subchapter IX (title) of chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (title), 938.57 (3) (a) (intro.), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 939.632 (1) (e) 1., 939.632 (1) (e) 3., 946.50 (intro.), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (1), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2) and 961.575 (3); and to create 20.437 (1) (ck), 48.02 (1d) (a), 48.02 (1d) (b), 48.02 (2) (a), 48.02 (2) (b), 938.02 (1) (a), 938.02 (1) (b), 938.02 (10m) (a), 938.02 (10m) (b), 938.355 (4) (b) 2., 938.487, 948.01 (1) (a), 948.01 (1) (b), 990.01 (3) (a), 990.01 (3) (b), 990.01 (20) (a) and 990.01 (20) (b) of the statutes; relating to: the age at which a person is subject to juvenile court jurisdiction and making appropriations.

Analysis by the Legislative Reference Bureau

This bill raises from 17 to 18 the age at which a person who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, to sentencing under the Criminal Code if the person has not been charged with committing certain violent offenses and has not, after previously being convicted of a crime or adjudicated delinquent, been charged with a crime.

Under current law, a person 17 years of age or older who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, is subject to sentencing under the Criminal Code, which may include a sentence of imprisonment in the Wisconsin state prisons. Currently, subject to certain exceptions, a person under 17 years of age who is alleged to have violated a criminal law is subject to the procedures specified in the Juvenile Justice Code and, on being adjudicated delinquent, is subject to an array of dispositions under that code including placement in a juvenile correctional facility.

The bill raises from 17 to 18 the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court if the person has not been alleged, in a complaint or citation filed with the court, to have violated a civil law or municipal ordinance after previously being convicted of a crime or adjudicated delinquent.

Under current law, a person 17 years of age or older who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court, while a person under 17 years of age who is alleged to have violated a civil law or municipal ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the Juvenile Justice Code.

The bill appropriates $5,000,000 in fiscal year 2018-19 to the Department of Children and Families to reimburse counties for the cost of providing juvenile delinquency-related services to 17-year-olds and requires DCF to work with county departments to develop a plan to distribute the funds. The plan must be submitted to the Joint Committee on Finance for passive review. If the cost to counties exceeds $5,000,000, the bill requires DCF to request up to $5,000,000 in additional funding from JCF in fiscal year 2018-19. The bill also requires DCF, in collaboration with the counties, and by no later than October 30, 2019, to submit a report to JCF on the cost of providing juvenile delinquency-related services to 17-year-olds during the first year of implementation of the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB660,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB660,2 Section 2. 20.437 (1) (ck) of the statutes is created to read:

AB660,3,6 20.437 (1) (ck) Juvenile delinquency-related services for 17-year-olds. The amounts in the schedule for reimbursement to counties under s. 938.487 for the cost of purchasing and providing juvenile delinquency-related services to 17-year-olds.

AB660,3 Section 3. 48.02 (1d) of the statutes is renumbered 48.02 (1d) (intro.) and amended to read:

AB660,3,13 48.02 (1d) (intro.) “Adult" means a person who is 18 years of age or older, except that, for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means includes a person who has attained 17 years of age. for whom any of the following applies:

AB660,4 Section 4. 48.02 (1d) (a) of the statutes is created to read:

AB660,4,4 48.02 (1d) (a) The person is alleged, in a criminal complaint filed under s. 968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d).

AB660,5 Section 5. 48.02 (1d) (b) of the statutes is created to read:

AB660,4,12 48.02 (1d) (b) The person has previously been convicted of a crime or adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02 or under federal law to have committed a crime, alleged in a complaint filed under s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have violated a civil law punishable by a forfeiture, or alleged in a complaint or citation filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal ordinance.

AB660,6 Section 6. 48.02 (2) of the statutes is renumbered 48.02 (2) (intro.) and amended to read:

AB660,4,19 48.02 (2) (intro.) “Child,” when used without further qualification, means a person who is less than 18 years of age, except that, for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age. for whom any of the following applies:

AB660,7 Section 7. 48.02 (2) (a) of the statutes is created to read:

AB660,4,24 48.02 (2) (a) The person is alleged, in a criminal complaint filed under s. 968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d).

AB660,8 Section 8. 48.02 (2) (b) of the statutes is created to read:

AB660,5,6 48.02 (2) (b) The person has previously been convicted of a crime or adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02 or under federal law to have committed a crime, alleged in a complaint filed under s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have violated a civil law punishable by a forfeiture, or alleged in a complaint or citation filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal ordinance.

AB660,9 Section 9. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB660,5,9 CHAPTER 48

AB660,5,12 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER adults

AB660,10 Section 10. 48.44 of the statutes is amended to read:

AB660,5,17 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB660,11 Section 11. 48.45 (1) (a) of the statutes is amended to read:

AB660,6,2 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB660,12 Section 12. 48.45 (1) (am) of the statutes is amended to read:

AB660,6,10 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB660,13 Section 13. 48.45 (3) of the statutes is amended to read:

AB660,6,16 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB660,14 Section 14. 118.163 (4) of the statutes is amended to read:

AB660,6,19 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

AB660,15 Section 15. 125.07 (4) (d) of the statutes is amended to read:

AB660,6,24 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB660,16 Section 16. 125.07 (4) (e) 1. of the statutes is amended to read:

AB660,7,2 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

AB660,17 Section 17. 125.085 (3) (bt) of the statutes is amended to read:

AB660,7,7 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB660,18 Section 18. 165.83 (1) (c) 1. of the statutes is amended to read:

AB660,7,10 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB660,19 Section 19. 165.83 (1) (c) 2. of the statutes is amended to read:

AB660,7,14 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB660,20 Section 20. 301.12 (2m) of the statutes is amended to read:

AB660,7,18 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18 and older receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB660,21 Section 21. 301.12 (14) (a) of the statutes is amended to read:

AB660,8,5 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 18 years of age in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 18, unless the liable person has prevented payment by any act or omission.

AB660,22 Section 22. 302.31 (7) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB660,8,13 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

AB660,23 Section 23. 938.02 (1) of the statutes is renumbered 938.02 (1) (intro.) and amended to read:

AB660,8,20 938.02 (1) (intro.) “Adult" means a person who is 18 years of age or older, except that, for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means includes a person who has attained 17 years of age. for whom any of the following applies:

AB660,24 Section 24. 938.02 (1) (a) of the statutes is created to read:

AB660,8,25 938.02 (1) (a) The person is alleged, in a criminal complaint filed under s. 968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d).

AB660,25 Section 25. 938.02 (1) (b) of the statutes is created to read:

AB660,9,8 938.02 (1) (b) The person has previously been convicted of a crime or adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02 or under federal law to have committed a crime, alleged in a complaint filed under s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have violated a civil law punishable by a forfeiture, or alleged in a complaint or citation filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal ordinance.

AB660,26 Section 26. 938.02 (10m) of the statutes is renumbered 938.02 (10m) (intro.) and amended to read:

AB660,9,15 938.02 (10m) (intro.) “Juvenile," when used without further qualification, means a person who is less than 18 years of age, except that, for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age. for whom any of the following applies:

AB660,27 Section 27. 938.02 (10m) (a) of the statutes is created to read:

AB660,9,20 938.02 (10m) (a) The person is alleged, in a criminal complaint filed under s. 968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1) (b), (bm), (c), or (d).

AB660,28 Section 28. 938.02 (10m) (b) of the statutes is created to read:

AB660,9,25 938.02 (10m) (b) The person has previously been convicted of a crime or adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02 or under federal law to have committed a crime, alleged in a complaint filed under s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have violated a civil law punishable by a forfeiture, or alleged in a complaint or citation filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal ordinance.

AB660,29 Section 29. 938.12 (2) of the statutes is amended to read:

AB660,10,9 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB660,30 Section 30. 938.18 (2) of the statutes is amended to read:

AB660,10,19 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB660,31 Section 31. 938.183 (3) of the statutes is amended to read:

AB660,11,3 938.183 (3) Placement in state prison; parole. When a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB660,32 Section 32. 938.255 (1) (intro.) of the statutes is amended to read:

AB660,11,11 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a person under the age of 18".." A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person under the age of 17". juvenile." A petition initiating proceedings under this chapter shall specify all of the following:

AB660,33 Section 33. 938.34 (8) of the statutes is amended to read:

AB660,12,10 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB660,34 Section 34. 938.343 (2) of the statutes is amended to read:

AB660,13,3 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB660,35 Section 35. 938.344 (3) of the statutes is amended to read:

AB660,13,12 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB660,36 Section 36. 938.35 (1m) of the statutes is amended to read: