AB1036: Bill Text

AB1036,24,4 1. Enhance school safety, reduce school suspensions, and limit referrals to court.

AB1036,24,6 2. Help pupils take responsibility for and repair the harm of behavior that occurs in school.

AB1036,24,9 (d) “School-related offense” means habitual truancy or any of the following committed by a minor pupil on the property of the public school in which the minor pupil is enrolled during a school day or during a school-sponsored activity:

AB1036,24,11 1. An offense that would be a misdemeanor, other than a violent misdemeanor, as defined in s. 941.29 (1g) (b), if committed by an adult.

AB1036,24,12 2. A violation of a civil law punishable by forfeiture.

AB1036,24,13 3. A violation of a county, town, or other municipal ordinance.

AB1036,24,14 4. A status offense.

AB1036,24,16 (e) “School resource officer” means a law enforcement officer who is all of the following:

AB1036,24,17 1. Trained in school-based policing and crisis response.

AB1036,24,19 2. Employed and assigned by a law enforcement agency to work in a public school using a community-oriented policing approach.

AB1036,24,21 (f) “School-sponsored activity” means an activity or event that is authorized by a school district and satisfies at least one of the following:

AB1036,24,22 1. The activity or event is managed or supervised by a school district employee.

AB1036,24,24 2. The activity or event uses school district facilities, equipment, or other school district resources.

AB1036,25,2 3. The school district provides substantial financial support for the activity or event.

AB1036,25,4 (g) “Status offense” means a violation of the law that would not be a violation if committed by an adult.

AB1036,25,7 (2) (a) Except as provided in sub. (5), neither a school district employee nor a school resource officer may refer a minor pupil to a law enforcement agency for an alleged school-related offense.

AB1036,25,9 (b) For an alleged school-related offense, a school district employee or a school resource officer may refer a minor pupil to any of the following:

AB1036,25,10 1. A restorative justice program.

AB1036,25,12 2. An evidence-based intervention developed or adopted by the school district or county.

AB1036,25,14 (3) Notwithstanding sub. (2), a school resource officer may do all of the following:

AB1036,25,15 (a) Transport a minor pupil to a location as permitted by law.

AB1036,25,16 (b) Take temporary custody of a minor as permitted by law.

AB1036,25,18 (4) A minor pupil may be referred to an alternative intervention under sub. (2) (b) instead of to court or to a law enforcement agency if any of the following applies:

AB1036,25,22 (a) A school district employee or school resource officer has cause to believe that the minor pupil committed a violation that would be a Class A or Class B misdemeanor if committed by an adult on the property of the public school in which the minor pupil is enrolled during a school day or during a school-sponsored activity.

AB1036,25,25 (b) A law enforcement officer has reason to believe that a minor pupil committed a violation of law on the property of the public school in which the minor pupil is enrolled but not during the school day or during a school-sponsored event.

AB1036,26,3 (5) (a) Subject to pars. (b) and (c), a school district employee may refer a minor pupil to court for an alleged school-related offense if the minor pupil refuses to participate in an alternative intervention described under sub. (2) (b).

AB1036,26,7 (b) If a minor pupil is referred to court under par. (a), the school district shall appoint a school representative to continue to engage with the minor pupil and the minor pupil's family through the court process. The representative appointed under this paragraph may not be a school resource officer.

AB1036,26,9 (c) A school district employee shall include all of the following in its referral to the court:

AB1036,26,10 1. Attendance records for the pupil.

AB1036,26,12 2. A report of alternative interventions offered to the pupil before referral to the court, including any outcomes.

AB1036,26,15 3. The name and contact information of the representative assigned by the school district to participate in the court process with the minor and the minor's family.

AB1036,26,16 4. Any other information the school district considers relevant to the referral.

AB1036,26,18 (d) A minor pupil who is referred to court under par. (a) may not be held in secured custody.

AB1036,48 Section 48 . 119.04 (1) of the statutes, as affected by 2019 Wisconsin Act 83, is amended to read:

AB1036,27,8 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.256, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB1036,49 Section 49 . 125.07 (4) (d) of the statutes is amended to read:

AB1036,27,13 125.07 (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).

AB1036,50 Section 50 . 125.07 (4) (e) 1. of the statutes is amended to read:

AB1036,27,16 125.07 (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.

AB1036,51 Section 51 . 125.085 (3) (bt) of the statutes is amended to read:

AB1036,27,21 125.085 (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).

AB1036,52 Section 52 . 165.83 (1) (c) 1. of the statutes is amended to read:

AB1036,27,24 165.83 (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.

AB1036,53 Section 53 . 165.83 (1) (c) 2. of the statutes is amended to read:

AB1036,28,3 165.83 (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.

AB1036,54 Section 54 . 301.12 (2m) of the statutes is amended to read:

AB1036,28,7 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB1036,55 Section 55 . 301.12 (14) (a) of the statutes is amended to read:

AB1036,28,19 301.12 (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 years of age minors 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 becomes an adult, unless the liable person has prevented payment by any act or omission.

AB1036,56 Section 56. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB1036,29,10 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing juvenile correctional facilities, secured residential care centers for children and youth, alternate care providers, and community supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an attempted violation of s. 943.32 (2) and for the care of any juvenile 10 13 years of age or over who has been placed in a juvenile correctional facility or secured residential care center for children and youth for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB1036,57 Section 57 . 302.31 (7) of the statutes is amended to read:

AB1036,29,17 302.31 (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).

AB1036,58 Section 58 . 938.02 (1) of the statutes is amended to read:

AB1036,29,22 938.02 (1) “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 a person who has attained 17 years of age.

AB1036,59 Section 59. 938.02 (3m) of the statutes is amended to read:

AB1036,30,2 938.02 (3m) “Delinquent" means a juvenile who is 10 13 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).

AB1036,60 Section 60 . 938.02 (10m) of the statutes is amended to read:

AB1036,30,8 938.02 (10m) “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.

AB1036,61 Section 61. 938.067 (6m) of the statutes is amended to read:

AB1036,30,13 938.067 (6m) Multidisciplinary Juvenile classification system and multidisciplinary screen. Conduct the multidisciplinary screen Subject to s. 938.24 (2) (b), conduct the juvenile classification system under s. 938.549 and, in counties that have a pilot program under s. 938.547, conduct the multidisciplinary screen.

AB1036,62 Section 62. 938.12 (1) of the statutes is amended to read:

AB1036,30,17 938.12 (1) In general. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 13 years of age or older who is alleged to be delinquent.

AB1036,63 Section 63 . 938.12 (2) of the statutes is amended to read:

AB1036,30,23 938.12 (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.

AB1036,64 Section 64. 938.13 (12) of the statutes is amended to read:

AB1036,31,2 938.13 (12) Delinquent act before age 10 13 . The juvenile is under 10 13 years of age and has committed a delinquent act.

AB1036,65 Section 65 . 938.18 (1) (a) of the statutes is amended to read:

AB1036,31,6 938.18 (1) (a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.10 (2), 943.32 (2), 943.87 or 961.41 (1) on or after the juvenile's 14th 16th birthday.

AB1036,66 Section 66 . 938.18 (1) (b) of the statutes is amended to read:

AB1036,31,11 938.18 (1) (b) The juvenile is alleged to have committed a violation on or after the juvenile's 14th 16th birthday at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult.

AB1036,67 Section 67 . 938.18 (1) (bm) of the statutes is created to read:

AB1036,31,14 938.18 (1) (bm) The juvenile is alleged to have committed a violation on or after the juvenile's 14th birthday that would constitute a Class A or Class B felony.

AB1036,68 Section 68 . 938.18 (1) (c) of the statutes is repealed.

AB1036,69 Section 69 . 938.18 (2) of the statutes is amended to read:

AB1036,31,25 938.18 (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.

AB1036,70 Section 70. 938.183 (1) (intro.) of the statutes is amended to read:

AB1036,32,4 938.183 (1) Juveniles under adult court jurisdiction. (intro.) Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal jurisdiction have exclusive original jurisdiction over all of the following:

AB1036,71 Section 71. 938.183 (1) (am) of the statutes is amended to read:

AB1036,32,8 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th 13th birthday.

AB1036,72 Section 72. 938.183 (1d) of the statutes is created to read:

AB1036,32,16 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to any violation committed on or after the effective date of this subsection .... [LRB inserts date]. A juvenile who is alleged to have committed a violation described in sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is subject to the jurisdiction of the court assigned to exercise jurisdiction under this chapter as provided in s. 938.12.

AB1036,73 Section 73 . 938.183 (3) of the statutes is amended to read:

AB1036,32,25 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), 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.

AB1036,74 Section 74. 938.195 (title) of the statutes is amended to read:

AB1036,33,3 938.195 (title) Recording custodial Custodial interrogations; notification; recording.

AB1036,75 Section 75. 938.195 (1) (a) of the statutes is amended to read:

AB1036,33,13 938.195 (1) (a) “Custodial interrogation" has the meaning given in s. 968.073 (1) (a) means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a juvenile who is suspected to have violated any state or federal criminal law from the time the juvenile is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable juvenile of a similar age would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.

AB1036,76 Section 76. 938.195 (1m) of the statutes is created to read: