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AB1036,42,8
1938.344 (3) Prosecution in adult court. If the juvenile alleged to have
2committed the violation is within 3 months of his or her 17th birthday becoming an
3adult
, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
4at the request of the district attorney or on its own motion, dismiss the citation
5without prejudice and refer the matter to the district attorney for prosecution under
6s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
7This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
8961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB1036,105 9Section 105 . 938.35 (1m) of the statutes is amended to read:
AB1036,42,1510 938.35 (1m) Future criminal proceedings barred. Disposition by the court
11assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
12under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
13in criminal court when the juvenile attains 17 years of age becomes an adult. This
14subsection does not affect proceedings in criminal court that have been transferred
15under s. 938.18.
AB1036,106 16Section 106. 938.355 (4) (am) 3. of the statutes is repealed.
AB1036,107 17Section 107. 938.355 (4) (am) 4. of the statutes is amended to read:
AB1036,43,918 938.355 (4) (am) 4. The date on which the juvenile is granted a high school or
19high school equivalency diploma or the date on which the juvenile
attains 21 years
20of age, whichever occurs first, if the juvenile is a full-time student at a secondary
21school or its vocational or technical equivalent and if an individualized education
22program under s. 115.787 is in effect for the juvenile
is reasonably expected to
23complete the program before attaining 21 years of age; is enrolled in an institution
24that provides postsecondary or vocational education; is participating in a program
25or activity designed to promote, or remove barriers to, employment; is employed for

1at least 80 hours per month; or is incapable of doing any of those activities due to a
2medical condition, which incapacity is supported by regularly updated information
3in the juvenile's permanency plan
. The court may not grant an order that terminates
4as provided in this subdivision unless the juvenile is 17 years of age or older when
5the order is granted and the juvenile, or the juvenile's guardian on behalf of the
6juvenile, agrees to the order. At any time after the juvenile attains 18 years of age,
7the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the
8court in writing to terminate the order and, on receipt of such a request, the court,
9without a hearing, shall terminate the order.
AB1036,108 10Section 108 . 938.355 (4) (b) of the statutes is amended to read:
AB1036,44,611 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
12or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
13after the date on which the order is granted or until the juvenile's 18th 19th birthday,
14whichever is earlier, unless the court specifies a shorter period of time or the court
15terminates the order sooner. If the order does not specify a termination date, it shall
16apply for one year after the date on which the order is granted or until the juvenile's
1718th 19th birthday, whichever is earlier, unless the court terminates the order
18sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
19the juvenile attains 18 years of age shall apply for 5 years after the date on which the
20order is granted, if the juvenile is adjudicated delinquent for committing a violation
21of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
22felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
23juvenile is adjudicated delinquent for committing an act that would be punishable
24as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
25extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile

1attains 17 years of age becomes an adult shall terminate at the end of one year after
2the date on which the order is granted unless the court specifies a shorter period of
3time or the court terminates the order sooner. No extension under s. 938.365 of an
4original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
5for a juvenile who is 17 years of age or older when becomes an adult by the time the
6original dispositional order terminates.
AB1036,109 7Section 109 . 938.355 (4m) (a) of the statutes is amended to read:
AB1036,44,138 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
91993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
10the court to expunge the court's record of the juvenile's adjudication. Subject to par.
11(b), the court may expunge the record if the court determines that the juvenile has
12satisfactorily complied with the conditions of his or her dispositional order and that
13the juvenile will benefit from, and society will not be harmed by, the expungement.
AB1036,110 14Section 110. 938.357 (6) (a) 3. of the statutes is repealed.
AB1036,111 15Section 111. 938.357 (6) (a) 4. of the statutes is amended to read:
AB1036,45,716 938.357 (6) (a) 4. The date on which the juvenile is granted a high school or high
17school equivalency diploma or the date on which the juvenile
attains 21 years of age,
18whichever occurs first, if the juvenile is a full-time student at a secondary school or
19its vocational or technical equivalent and if an individualized education program
20under s. 115.787 is in effect for the juvenile
is reasonably expected to complete the
21program before attaining 21 years of age; is enrolled in an institution that provides
22postsecondary or vocational education; is participating in a program or activity
23designed to promote, or remove barriers to, employment; is employed for at least 80
24hours per month; or is incapable of doing any of those activities due to a medical
25condition, which incapacity is supported by regularly updated information in the

1juvenile's permanency plan
. The court may not grant an order that terminates as
2provided in this subdivision unless the juvenile is 17 years of age or older when the
3order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile,
4agrees to the order. At any time after the juvenile attains 18 years of age, the
5juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court
6in writing to terminate the order and, on receipt of such a request, the court, without
7a hearing, shall terminate the order.
AB1036,112 8Section 112. 938.365 (5) (b) 3. of the statutes is repealed.
AB1036,113 9Section 113. 938.365 (5) (b) 4. of the statutes is amended to read:
AB1036,46,210 938.365 (5) (b) 4. The date on which the juvenile is granted a high school or high
11school equivalency diploma or the date on which the juvenile
attains 21 years of age,
12whichever occurs first, if the juvenile is a full-time student at a secondary school or
13its vocational or technical equivalent and if an individualized education program
14under s. 115.787 is in effect for the juvenile
is reasonably expected to complete the
15program before attaining 21 years of age; is enrolled in an institution that provides
16postsecondary or vocational education; is participating in a program or activity
17designed to promote, or remove barriers to, employment; is employed for at least 80
18hours per month; or is incapable of doing any of those activities due to a medical
19condition, which incapacity is supported by regularly updated information in the
20juvenile's permanency plan
. The court may not grant an order that terminates as
21provided in this subdivision unless the juvenile is 17 years of age or older when the
22order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile,
23agrees to the order. At any time after the juvenile attains 18 years of age, the
24juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court

1in writing to terminate the order and, on receipt of such a request, the court, without
2a hearing, shall terminate the order.
AB1036,114 3Section 114. 938.366 (1) (intro.) of the statutes is amended to read:
AB1036,46,74 938.366 (1) Applicability. (intro.) This section applies to a person who is a
5full-time student of a secondary school or its vocational or technical equivalent, for
6whom an individualized education program under s. 115.787 is in effect, and

7described in sub. (1m) to whom any of the following applies:
AB1036,115 8Section 115. 938.366 (1) (a) of the statutes is amended to read:
AB1036,46,149 938.366 (1) (a) The person is placed in a foster home, group home, or residential
10care center for children and youth, in the home of a relative other than a parent, or
11in a supervised independent living arrangement under an order under s. 938.355,
12938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3. or
132.
, 938.357 (6) (a) 1., 2., or 3. or 2., or 938.365 (5) (b) 1., 2., or 3. or 2. on or after the
14person attains 18 years of age.
AB1036,116 15Section 116. 938.366 (1m) of the statutes is created to read:
AB1036,46,2516 938.366 (1m) Duration of eligibility. A person may continue in out-of-home
17care under a voluntary agreement under sub. (3) until the person attains 21 years
18of age if the person is a full-time student at a secondary school or its vocational or
19technical equivalent and is reasonably expected to complete the program before
20attaining 21 years of age; is enrolled in an institution that provides postsecondary
21or vocational education; is participating in a program or activity designed to promote,
22or remove barriers to, employment; is employed for at least 80 hours per month; or
23is incapable of doing any of those activities due to a medical condition, which
24incapacity is supported by regularly updated information in the person's
25permanency plan.
AB1036,117
1Section 117. 938.366 (2) (b) 4. of the statutes is amended to read:
AB1036,47,172 938.366 (2) (b) 4. If the court determines that the person who is the subject of
3an order described in sub. (1) (a) understands that he or she may continue in
4out-of-home care, but wishes to be discharged from that care on termination of the
5order, the court shall advise the person that he or she may enter into a voluntary
6agreement under sub. (3) at any time before he or she is granted a high school or high
7school equivalency diploma or reaches
attains 21 years of age, whichever occurs first,
8so long as he or she is a full-time student at a secondary school or its vocational or
9technical equivalent and an individualized education program under s. 115.787 is in
10effect for him or her
meets any of the conditions for eligibility described in sub. (1m).
11If the court determines that the person wishes to continue in out-of-home care under
12an extension of the order described in sub. (1) (a), the court shall schedule an
13extension hearing under s. 938.365. If the court determines that the person wishes
14to continue in out-of-home care under a voluntary agreement under sub. (3), the
15court shall order the agency primarily responsible for providing services to the
16person under the order to provide transition-to-independent-living services for the
17person under that voluntary agreement.
AB1036,118 18Section 118. 938.366 (3) (a) of the statutes is amended to read:
AB1036,48,519 938.366 (3) (a) On termination of an order described in sub. (1) (a), the person
20who is the subject of the order, or the person's guardian on behalf of the person, and
21the agency primarily responsible for providing services to the person under the order
22may enter into a transition-to-independent-living agreement under which the
23person continues in out-of-home care and continues to be a full-time student at a
24secondary school or its vocational or technical equivalent under an individualized
25education program under s. 115.787
until the date on which the person reaches

1attains 21 years of age, is granted a high school or high school equivalency diploma
2no longer meets any of the conditions for eligibility described in sub. (1m), or
3terminates the agreement as provided in par. (b), whichever occurs first, and the
4agency provides services to the person to assist him or her in transitioning to
5independent living.
AB1036,119 6Section 119. 938.366 (3) (c) of the statutes is amended to read:
AB1036,48,177 938.366 (3) (c) A person who terminates a voluntary agreement under this
8subsection, or the person's guardian on the person's behalf, may request the agency
9primarily responsible for providing services to the person under the agreement to
10enter into a new voluntary agreement under this subsection at any time before the
11person is granted a high school or high school equivalency diploma or reaches attains
1221 years of age, whichever occurs first, so long as the person is a full-time student
13at a secondary school or its vocational or technical equivalent and an individualized
14education program under s. 115.787 is in effect for him or her
meets any of the
15conditions for eligibility described in sub. (1m)
. If the request meets the conditions
16set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new
17voluntary agreement with that person.
AB1036,120 18Section 120 . 938.39 of the statutes is amended to read:
AB1036,48,23 19938.39 Disposition by court bars criminal proceeding. Disposition by the
20court of any violation of state law within its jurisdiction under s. 938.12 bars any
21future criminal proceeding on the same matter in circuit court when the juvenile
22reaches the age of 17 becomes an adult. This section does not affect criminal
23proceedings in circuit court that were transferred under s. 938.18.
AB1036,121 24Section 121. 938.396 (1) (b) 5. of the statutes is amended to read:
AB1036,49,2
1938.396 (1) (b) 5. The disclosure of information relating to a juvenile 10 13 years
2of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.
AB1036,122 3Section 122 . Subchapter IX (title) of chapter 938 [precedes 938.44] of the
4statutes is amended to read:
AB1036,49,55 CHAPTER 938
AB1036,49,86 SUBCHAPTER IX
7 JURISDICTION OVER PERSONS 17
8 OR OLDER
adults
AB1036,123 9Section 123 . 938.44 of the statutes is amended to read:
AB1036,49,12 10938.44 Jurisdiction over persons 17 or older adults. The court has
11jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
12(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB1036,124 13Section 124 . 938.45 (1) (a) of the statutes is amended to read:
AB1036,49,2114 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
15under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
16person 17 years of age or older adult has been guilty of contributing to, encouraging,
17or tending to cause by any act or omission, such that condition of the juvenile, the
18court may make orders with respect to the conduct of that person in his or her
19relationship to the juvenile, including orders relating to determining the ability of
20the person to provide for the maintenance or care of the juvenile and directing when,
21how, and from where funds for the maintenance or care shall be paid.
AB1036,125 22Section 125 . 938.45 (3) of the statutes is amended to read:
AB1036,50,223 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
24If it appears at a court hearing that any person 17 years of age or older adult has
25violated s. 948.40, the court shall refer the record to the district attorney. This

1subsection does not prohibit prosecution of violations of s. 948.40 without the prior
2reference by the court to the district attorney.
AB1036,126 3Section 126 . 938.48 (4m) (title) of the statutes is amended to read:
AB1036,50,54 938.48 (4m) (title) Continuing care and services for juveniles over 17 who
5become adults
.
AB1036,127 6Section 127 . 938.48 (4m) (a) of the statutes is amended to read:
AB1036,50,77 938.48 (4m) (a) Is at least 17 years of age an adult.
AB1036,128 8Section 128 . 938.48 (4m) (b) of the statutes, as affected by 2019 Wisconsin Act
98
, is amended to read:
AB1036,50,1210 938.48 (4m) (b) Was under the supervision of the department under s. 938.183,
11938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an
12adult
.
AB1036,129 13Section 129 . 938.48 (14) of the statutes, as affected by 2019 Wisconsin Act 8,
14is amended to read:
AB1036,50,2215 938.48 (14) School-related expenses for juveniles over 17 who become
16adults
. Pay maintenance, tuition, and related expenses from the appropriation
17under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became
18adults
, were students regularly attending a school, college, or university or regularly
19attending a course of vocational or technical training designed to prepare them for
20gainful employment, and who upon attaining that age becoming adults were under
21the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4)
22as a result of a judicial decision.
AB1036,130 23Section 130. 938.52 (1) (d) of the statutes is amended to read:
AB1036,51,3
1938.52 (1) (d) Institutions, facilities, and services, including forestry or
2conservation camps, for the training and treatment of juveniles 10 13 years of age
3or older who have been adjudged delinquent.
AB1036,131 4Section 131. 938.532 of the statutes is created to read:
AB1036,51,8 5938.532 Multisystemic therapy. (1) In this section, “multisystemic therapy”
6means an intensive and ongoing family-based and community-based treatment
7that addresses multiple factors that lead to antisocial behavior in juveniles and that
8is delivered in a juvenile's home, school, or community.
AB1036,51,10 9(2) The department shall license multisystemic therapy providers who provide
10services under sub. (3).
AB1036,51,12 11(3) The department shall contract for or provide multisystemic therapy for a
12juvenile for whom this treatment has been ordered under s. 938.34.
AB1036,51,15 13(4) The department shall promulgate rules to implement this section and to
14govern the licensing, training, and qualification requirements for a person who
15provides multisystemic therapy under sub. (3).
AB1036,132 16Section 132. 938.545 of the statutes is created to read:
AB1036,51,21 17938.545 Diversion services grant program. (1) The department of
18children and families may make grants available to counties or Indian tribes to
19enable them to establish and operate evidence-based programs that provide services
20to juveniles as a method of diverting them from coming under the jurisdiction of the
21court.
AB1036,51,24 22(2) The department of children and families may make the grants for the
23programs specified in sub. (1) within the availability of funding under s. 20.437 (1)
24(be).
AB1036,52,2
1(3) A county or Indian tribe that operates a program funded under this section
2shall do all of the following:
AB1036,52,33 (a) Establish eligibility criteria for a juvenile's participation in the program.
AB1036,52,64 (b) Provide services to program participants that are consistent with
5evidence-based practices in treatment and prevention services needed by those
6participants and intensive case management services.
AB1036,52,11 7(4) A county or Indian tribe that receives a grant under this section shall
8submit data requested by the department of children and families to the department
9of children and families each quarter. The department of children and families may
10request any data regarding a program funded under this section that is necessary
11to evaluate the program and prepare the reports under subs. (5) and (6).
AB1036,52,15 12(5) The department of children and families shall, annually, analyze the data
13submitted under sub. (4) for the previous year and prepare a progress report that
14evaluates the effectiveness of the grant program. The department of children and
15families shall make the report available to the public.
AB1036,52,19 16(6) The department of children and families shall, every 5 years, prepare a
17comprehensive report that analyzes the data submitted under sub. (4) for the
18previous 5 years. The department of children and families shall submit the report
19to the legislature under s. 13.172 (2).
AB1036,52,23 20(7) A county or Indian tribe may, together with one or more counties or Indian
21tribes, jointly apply for and receive a grant under this section. A joint application
22shall include a written agreement specifying the role of each county or Indian tribe
23in developing, administering, and evaluating the program.
AB1036,133 24Section 133. 938.549 (2) (intro.), (b) and (c) of the statutes are renumbered
25938.549 (2) (bg) (intro.), 1. and 2.
AB1036,134
1Section 134. 938.549 (2) (a) of the statutes is renumbered 938.549 (2) (br) and
2amended to read:
AB1036,53,53 938.549 (2) (br) At the time of an intake inquiry, subject to s. 938.24 (2), a county
4shall use the juvenile classification system to
determine whether to close a case,
5enter into a deferred prosecution agreement, or refer the case to the district attorney.
AB1036,135 6Section 135 . 938.57 (3) (title) of the statutes is amended to read:
AB1036,53,87 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become
8adults
.
AB1036,136 9Section 136 . 938.57 (3) (a) (intro.) of the statutes is amended to read:
AB1036,53,1210 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
11counties may provide funding for the maintenance of any juvenile person who meets
12all of the following qualifications:
AB1036,137 13Section 137 . 938.57 (3) (a) 1. of the statutes is amended to read:
AB1036,53,1414 938.57 (3) (a) 1. Is 17 years of age or older an adult.
AB1036,138 15Section 138 . 938.57 (3) (a) 3. of the statutes is amended to read:
AB1036,53,1716 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
17his or her 17th birthday becoming an adult.
AB1036,139 18Section 139 . 938.57 (3) (b) of the statutes is amended to read:
AB1036,53,2119 938.57 (3) (b) The funding provided for the maintenance of a juvenile person
20under par. (a) shall be in an amount equal to that which the juvenile person would
21receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
AB1036,140 22Section 140 . 939.632 (1) (e) 1. of the statutes is amended to read:
AB1036,54,323 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
24(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
25940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)

1or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055,
2948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1.
3b. applies.
AB1036,141 4Section 141 . 939.632 (1) (e) 3. of the statutes is amended to read:
AB1036,54,65 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
6(2),
940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
AB1036,142 7Section 142 . 946.50 (intro.) of the statutes is amended to read:
AB1036,54,12 8946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
9who intentionally fails to appear before the court assigned to exercise jurisdiction
10under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
11does not return to that court for a dispositional hearing before attaining the age of
1217 years
becoming an adult is guilty of the following:
AB1036,143 13Section 143 . 948.01 (1) of the statutes is amended to read:
AB1036,54,1714 948.01 (1) “Child" means a person who has not attained the age of 18 years,
15except that for purposes of prosecuting a person who is alleged to have violated a
16state or federal criminal law, “child" does not include a person who has attained the
17age of 17 years
.
AB1036,144 18Section 144 . 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB1036,54,2319 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
20who, with knowledge of the character and content of the description or narrative
21account, verbally communicates, by any means, a harmful description or narrative
22account to a child, with or without monetary consideration, is guilty of a Class I
23felony if any of the following applies:
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