AB56,2162
24Section 2162
. 938.35 (1m) of the statutes is amended to read:
AB56,1063,6
1938.35
(1m) Future criminal proceedings barred. Disposition by the court
2assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
3under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
4in criminal court when the juvenile
attains 17 years of age becomes an adult. This
5subsection does not affect proceedings in criminal court that have been transferred
6under s. 938.18.
AB56,2163
7Section 2163
. 938.355 (4) (b) of the statutes is amended to read:
AB56,1064,38
938.355
(4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
9or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
10after the date on which the order is granted or until the juvenile's
18th 19th birthday,
11whichever is earlier, unless the court specifies a shorter period of time or the court
12terminates the order sooner. If the order does not specify a termination date, it shall
13apply for one year after the date on which the order is granted or until the juvenile's
1418th 19th birthday, whichever is earlier, unless the court terminates the order
15sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
16the juvenile attains 18 years of age shall apply for 5 years after the date on which the
17order is granted, if the juvenile is adjudicated delinquent for committing a violation
18of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
19felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
20juvenile is adjudicated delinquent for committing an act that would be punishable
21as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
22extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
23attains 17 years of age becomes an adult shall terminate at the end of one year after
24the date on which the order is granted unless the court specifies a shorter period of
25time or the court terminates the order sooner. No extension under s. 938.365 of an
1original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
2for a juvenile who
is 17 years of age or older when
becomes an adult by the time the
3original dispositional order terminates.
AB56,2164
4Section 2164
. 938.355 (4m) (a) of the statutes is amended to read:
AB56,1064,105
938.355
(4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
61993 stats., or s. 938.12 may, on
attaining 17 years of age becoming an adult, petition
7the court to expunge the court's record of the juvenile's adjudication. Subject to par.
8(b), the court may expunge the record if the court determines that the juvenile has
9satisfactorily complied with the conditions of his or her dispositional order and that
10the juvenile will benefit from, and society will not be harmed by, the expungement.
AB56,2165
11Section
2165. 938.357 (3) (a) of the statutes is amended to read:
AB56,1064,2412
938.357
(3) (a) Subject to subs. (4) (b), (c), and (d) and (5) (e), if the proposed
13change in placement would involve placing a juvenile in a juvenile correctional
14facility or a secured residential care center for children and youth, notice shall be
15given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the
16juvenile, parent, guardian, and legal custodian, before the court makes a decision on
17the request. The juvenile is entitled to counsel at the hearing, and any party
18opposing or favoring the proposed new placement may present relevant evidence and
19cross-examine witnesses. The department of corrections shall have the opportunity
20to object to a change of placement of a juvenile from a secured residential care center
21for children and youth to a Type 1 juvenile correctional facility
, except for the
22Mendota juvenile treatment center, under par. (b). The proposed new placement may
23be approved only if the court finds, on the record, that the conditions set forth in s.
24938.34 (4m) (a) and (b) have been met.
AB56,2166
25Section
2166. 938.357 (3) (c) of the statutes is amended to read:
AB56,1065,8
1938.357
(3) (c)
Upon the recommendation of If the department of health
2services
approves, the court may order the placement of a juvenile under par. (b) at
3the Mendota juvenile treatment center.
A court may not order the department of
4health services to accept a juvenile placement under par. (b) at the Mendota juvenile
5treatment center that the department has not approved. A juvenile under the
6supervision of a county in a secured residential care center for children and youth
7who is transferred to Mendota juvenile treatment center under this paragraph
8remains under the supervision of that county.
AB56,2167
9Section
2167. 938.357 (3) (d) of the statutes is amended to read:
AB56,1065,1910
938.357
(3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility
11under par. (b) or (c) is the financial responsibility of the county department of the
12county where the juvenile was adjudicated delinquent
and that. The county
13department shall reimburse the department of corrections at the rate specified
14under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of
the a juvenile's
15care while placed in a Type 1 juvenile correctional facility
other than the Mendota
16juvenile treatment center. The county department shall reimburse the department
17of health services at a rate specified by that department for the cost of a juvenile's
18care while placed at the Mendota juvenile treatment center and these payments
19shall be deposited in the appropriation account under s. 20.435 (2) (gk).
AB56,2168
20Section 2168
. 938.39 of the statutes is amended to read:
AB56,1065,25
21938.39 Disposition by court bars criminal proceeding. Disposition by the
22court of any violation of state law within its jurisdiction under s. 938.12 bars any
23future criminal proceeding on the same matter in circuit court when the juvenile
24reaches the age of 17 becomes an adult. This section does not affect criminal
25proceedings in circuit court that were transferred under s. 938.18.
AB56,2169
1Section
2169. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
2statutes is amended to read:
AB56,1066,64
SUBCHAPTER IX
5
JURISDICTION OVER
PERSONS 17
6
OR OLDER adults
AB56,2170
7Section 2170
. 938.44 of the statutes is amended to read:
AB56,1066,10
8938.44 Jurisdiction over persons 17 or older adults. The court has
9jurisdiction over
persons 17 years of age or older
adults as provided under ss. 938.355
10(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB56,2171
11Section 2171
. 938.45 (1) (a) of the statutes is amended to read:
AB56,1066,1912
938.45
(1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
13under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
14person 17 years of age or older adult has been guilty of contributing to, encouraging,
15or tending to cause by any act or omission
, such
that condition of the juvenile, the
16court may make orders with respect to the conduct of that person in his or her
17relationship to the juvenile, including orders relating to determining the ability of
18the person to provide for the maintenance or care of the juvenile and directing when,
19how, and
from where funds for the maintenance or care shall be paid.
AB56,2172
20Section 2172
. 938.45 (3) of the statutes is amended to read:
AB56,1066,2521
938.45
(3) Prosecution of adult contributing to delinquency of juvenile. 22If it appears at a court hearing that any
person 17 years of age or older adult has
23violated s. 948.40, the court shall refer the record to the district attorney. This
24subsection does not prohibit prosecution of violations of s. 948.40 without the prior
25reference by the court to the district attorney.
AB56,2173
1Section
2173. 938.48 (4m) (title) of the statutes is amended to read:
AB56,1067,32
938.48
(4m) (title)
Continuing care and services for juveniles over 17
who
3become adults.
AB56,2174
4Section 2174
. 938.48 (4m) (a) of the statutes is amended to read:
AB56,1067,55
938.48
(4m) (a) Is
at least 17 years of age an adult.
AB56,2175
6Section 2175
. 938.48 (4m) (b) of the statutes is amended to read:
AB56,1067,97
938.48
(4m) (b) Was under the supervision of the department under s. 938.183,
8938.34 (4h), (4m)
, or (4n) or 938.357 (3) or (4) when the person
reached 17 years of
9age became an adult.