AB1036: Bill Text

AB1036,21,22 48.645 (1) (a) The child person is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.623, in a residential care center for children and youth licensed under s. 48.60, with a parent in a qualifying residential family-based treatment facility, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.

AB1036,38 Section 38. 48.645 (1) (b) of the statutes is amended to read:

AB1036,21,24 48.645 (1) (b) The child person would qualify for aid under s. 49.19, 1993 stats.

AB1036,39 Section 39. 48.645 (1) (c) of the statutes is created to read:

AB1036,22,8 48.645 (1) (c) The person, if 18 years of age or over, is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 21 years of age; is enrolled in an institution that provides postsecondary or vocational education; is participating in a program or activity designed to promote, or remove barriers to, employment; is employed for at least 80 hours per month; or is incapable of doing any of those activities due to a medical condition, which incapacity is supported by regularly updated information in the person's permanency plan.

AB1036,40 Section 40. 48.685 (1) (bm) of the statutes is amended to read:

AB1036,22,14 48.685 (1) (bm) “Nonclient resident" means a person, including a person who is under 18 years of age, but not under 10 13 years of age, who resides, or is expected to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver.

AB1036,41 Section 41. 48.686 (1) (bm) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB1036,22,19 48.686 (1) (bm) “Household member" means a person who is age 10 13 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.

AB1036,42 Section 42. 48.975 (3m) (intro.) of the statutes is amended to read:

AB1036,22,22 48.975 (3m) Duration. (intro.) The adoption assistance may be continued after until the adoptee attains 18 21 years of age if any all of the following applies apply:

AB1036,43 Section 43. 48.975 (3m) (a) of the statutes is amended to read:

AB1036,23,6 48.975 (3m) (a) The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 attaining 21 years of age; is enrolled in an institution that provides postsecondary or vocational education; is participating in a program or activity designed to promote, or remove barriers to, employment; is employed for at least 80 hours per month; or is incapable of doing any of those activities due to a medical condition, which incapacity is supported by regularly updated information in the adoptee's permanency plan.

AB1036,44 Section 44. 48.975 (3m) (b) of the statutes is repealed.

AB1036,45 Section 45. 48.975 (3m) (c) of the statutes is amended to read:

AB1036,23,13 48.975 (3m) (c) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the adoptee, and the adoption assistance agreement for the adoptee became effective on or after the date on which the adoptee attained 16 years of age.

AB1036,46 Section 46 . 118.163 (4) of the statutes is amended to read:

AB1036,23,16 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

AB1036,47 Section 47 . 118.256 of the statutes is created to read:

AB1036,23,18 118.256 Responses to school-based behavior. (1) In this section:

AB1036,23,19 (a) “Court” means the court assigned to exercise jurisdiction under ch. 938.

AB1036,23,21 (b) “Evidence-based intervention” means a program or practice to which any of the following applies:

AB1036,23,23 1. It has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population.

AB1036,23,24 2. It has been rated as effective by a standardized program evaluation tool.

AB1036,23,25 3. It has been approved by the state superintendent.

AB1036,24,2 (c) “Restorative justice program” means a program used or adopted by a school district that is designed to do all of the following:

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.