AB1036: Bill Text

AB1036,48,23 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 becomes an adult. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB1036,121 Section 121. 938.396 (1) (b) 5. of the statutes is amended to read:

AB1036,49,2 938.396 (1) (b) 5. The disclosure of information relating to a juvenile 10 13 years of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.

AB1036,122 Section 122 . Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB1036,49,5 CHAPTER 938

AB1036,49,8 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

AB1036,123 Section 123 . 938.44 of the statutes is amended to read:

AB1036,49,12 938.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.

AB1036,124 Section 124 . 938.45 (1) (a) of the statutes is amended to read:

AB1036,49,21 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

AB1036,125 Section 125 . 938.45 (3) of the statutes is amended to read:

AB1036,50,2 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB1036,126 Section 126 . 938.48 (4m) (title) of the statutes is amended to read:

AB1036,50,5 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

AB1036,127 Section 127 . 938.48 (4m) (a) of the statutes is amended to read:

AB1036,50,7 938.48 (4m) (a) Is at least 17 years of age an adult.

AB1036,128 Section 128 . 938.48 (4m) (b) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB1036,50,12 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an adult.

AB1036,129 Section 129 . 938.48 (14) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB1036,50,22 938.48 (14) School-related expenses for juveniles over 17 who become adults. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became adults, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age becoming adults were under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) as a result of a judicial decision.

AB1036,130 Section 130. 938.52 (1) (d) of the statutes is amended to read:

AB1036,51,3 938.52 (1) (d) Institutions, facilities, and services, including forestry or conservation camps, for the training and treatment of juveniles 10 13 years of age or older who have been adjudged delinquent.

AB1036,131 Section 131. 938.532 of the statutes is created to read:

AB1036,51,8 938.532 Multisystemic therapy. (1) In this section, “multisystemic therapy” means an intensive and ongoing family-based and community-based treatment that addresses multiple factors that lead to antisocial behavior in juveniles and that is delivered in a juvenile's home, school, or community.

AB1036,51,10 (2) The department shall license multisystemic therapy providers who provide services under sub. (3).

AB1036,51,12 (3) The department shall contract for or provide multisystemic therapy for a juvenile for whom this treatment has been ordered under s. 938.34.

AB1036,51,15 (4) The department shall promulgate rules to implement this section and to govern the licensing, training, and qualification requirements for a person who provides multisystemic therapy under sub. (3).

AB1036,132 Section 132. 938.545 of the statutes is created to read:

AB1036,51,21 938.545 Diversion services grant program. (1) The department of children and families may make grants available to counties or Indian tribes to enable them to establish and operate evidence-based programs that provide services to juveniles as a method of diverting them from coming under the jurisdiction of the court.

AB1036,51,24 (2) The department of children and families may make the grants for the programs specified in sub. (1) within the availability of funding under s. 20.437 (1) (be).

AB1036,52,2 (3) A county or Indian tribe that operates a program funded under this section shall do all of the following:

AB1036,52,3 (a) Establish eligibility criteria for a juvenile's participation in the program.

AB1036,52,6 (b) Provide services to program participants that are consistent with evidence-based practices in treatment and prevention services needed by those participants and intensive case management services.

AB1036,52,11 (4) A county or Indian tribe that receives a grant under this section shall submit data requested by the department of children and families to the department of children and families each quarter. The department of children and families may request any data regarding a program funded under this section that is necessary to evaluate the program and prepare the reports under subs. (5) and (6).

AB1036,52,15 (5) The department of children and families shall, annually, analyze the data submitted under sub. (4) for the previous year and prepare a progress report that evaluates the effectiveness of the grant program. The department of children and families shall make the report available to the public.

AB1036,52,19 (6) The department of children and families shall, every 5 years, prepare a comprehensive report that analyzes the data submitted under sub. (4) for the previous 5 years. The department of children and families shall submit the report to the legislature under s. 13.172 (2).

AB1036,52,23 (7) A county or Indian tribe may, together with one or more counties or Indian tribes, jointly apply for and receive a grant under this section. A joint application shall include a written agreement specifying the role of each county or Indian tribe in developing, administering, and evaluating the program.

AB1036,133 Section 133. 938.549 (2) (intro.), (b) and (c) of the statutes are renumbered 938.549 (2) (bg) (intro.), 1. and 2.

AB1036,134 Section 134. 938.549 (2) (a) of the statutes is renumbered 938.549 (2) (br) and amended to read:

AB1036,53,5 938.549 (2) (br) At the time of an intake inquiry, subject to s. 938.24 (2), a county shall use the juvenile classification system to determine whether to close a case, enter into a deferred prosecution agreement, or refer the case to the district attorney.

AB1036,135 Section 135 . 938.57 (3) (title) of the statutes is amended to read:

AB1036,53,8 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

AB1036,136 Section 136 . 938.57 (3) (a) (intro.) of the statutes is amended to read:

AB1036,53,12 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile person who meets all of the following qualifications:

AB1036,137 Section 137 . 938.57 (3) (a) 1. of the statutes is amended to read:

AB1036,53,14 938.57 (3) (a) 1. Is 17 years of age or older an adult.

AB1036,138 Section 138 . 938.57 (3) (a) 3. of the statutes is amended to read:

AB1036,53,17 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

AB1036,139 Section 139 . 938.57 (3) (b) of the statutes is amended to read:

AB1036,53,21 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB1036,140 Section 140 . 939.632 (1) (e) 1. of the statutes is amended to read:

AB1036,54,3 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

AB1036,141 Section 141 . 939.632 (1) (e) 3. of the statutes is amended to read:

AB1036,54,6 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

AB1036,142 Section 142 . 946.50 (intro.) of the statutes is amended to read:

AB1036,54,12 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years becoming an adult is guilty of the following:

AB1036,143 Section 143 . 948.01 (1) of the statutes is amended to read:

AB1036,54,17 948.01 (1) “Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child" does not include a person who has attained the age of 17 years.

AB1036,144 Section 144 . 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB1036,54,23 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB1036,145 Section 145. 948.40 (1) of the statutes is amended to read:

AB1036,55,4 948.40 (1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 13 which would be a delinquent act if committed by a child 10 13 years of age or older.

AB1036,146 Section 146. 948.40 (2) of the statutes is amended to read:

AB1036,55,9 948.40 (2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 13 that would be a delinquent act if committed by a child 10 13 years of age or older.

AB1036,147 Section 147 . 948.45 (1) of the statutes is amended to read:

AB1036,55,14 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child is guilty of a Class C misdemeanor.

AB1036,148 Section 148. 948.60 (2) (d) of the statutes is amended to read:

AB1036,55,19 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB1036,149 Section 149. 948.61 (4) of the statutes is amended to read:

AB1036,55,24 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB1036,150 Section 150 . 961.455 (title) of the statutes is amended to read:

AB1036,56,2 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB1036,151 Section 151 . 961.455 (1) of the statutes is amended to read:

AB1036,56,6 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB1036,152 Section 152 . 961.455 (2) of the statutes is amended to read:

AB1036,56,12 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB1036,153 Section 153 . 961.46 of the statutes is amended to read:

AB1036,56,19 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB1036,154 Section 154 . 961.573 (2) of the statutes is amended to read:

AB1036,56,22 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1036,155 Section 155 . 961.574 (2) of the statutes is amended to read:

AB1036,56,25 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1036,156 Section 156. 961.575 (1) of the statutes is amended to read:

AB1036,57,5 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1036,157 Section 157 . 961.575 (2) of the statutes is amended to read:

AB1036,57,8 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1036,158 Section 158 . 961.575 (3) of the statutes is amended to read:

AB1036,57,12 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB1036,159 Section 159. 970.032 (3) of the statutes is created to read: