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LRB-1917/1
EAW:ahe
2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Sanfelippo, Murphy, Duchow,
Gannon, Ott, Skowronski, Tittl, Kremer and E. Brooks, cosponsored by
Senator Vukmir. Referred to Committee on Corrections.
AB90,1,3 1An Act to amend 938.34 (4h) (a) and 938.34 (4m) (b) 1. of the statutes; relating
2to:
acts for which a juvenile may be placed in correctional placement or the
3Serious Juvenile Offender Program.
Analysis by the Legislative Reference Bureau
This bill expands the acts for which a juvenile may be placed in the Serious
Juvenile Offender Program (SJOP) or in a juvenile correctional facility or secured
residential care center for children and youth under the Juvenile Justice Code.
Under current law, a juvenile who is 14 years of age or over and who has been
adjudicated delinquent by the court assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile court) for committing or conspiring to commit certain
law violations may be placed in the SJOP. This bill expands the law violations for
which a juvenile may be placed in the SJOP to include any act that would be a felony
if committed by an adult.
Also under current law, if the juvenile court determines that placement in the
SJOP is not appropriate, a finding that a juvenile has committed any of a number
of law violations that would be felonies if committed by an adult is prima facie
evidence that the juvenile is a danger to the public and in need of restrictive
placement. Under current law such a juvenile may be placed in a juvenile
correctional facility or a secured residential care center for children and youth. This
bill expands the list of acts constituting prima facie evidence that the juvenile is a
danger to the public and in need of restrictive placement to any act that would be a
felony if committed by an adult.

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:
AB90,1 1Section 1. 938.34 (4h) (a) of the statutes is amended to read:
AB90,2,92 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated
3delinquent for committing or conspiring to commit a violation of s. 939.32 (1) (a),
4940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
5(2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2)
an act that would be
6a felony if committed by an adult in this state
or attempting a violation of s. 943.32
7(2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for
8attempting or committing a violation of s. 940.01 or for committing a violation of s.
9940.02 or 940.05.
AB90,2 10Section 2. 938.34 (4m) (b) 1. of the statutes is amended to read:
AB90,2,1411 938.34 (4m) (b) 1. The juvenile has committed a delinquent act that would be
12a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1),
13940.31, 941.20 (3), 943.02 (1), 943.23 (1g), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02
14(1) or (2), 948.025, 948.03, or 948.085 (2)
if committed by an adult in this state.
AB90,2,1515 (End)
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