AB1036: Bill Text

AB1036,23 Section 23 . 48.45 (3) of the statutes is amended to read:

AB1036,17,11 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB1036,24 Section 24 . 48.5275 of the statutes is created to read:

AB1036,17,17 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

AB1036,25 Section 25. 48.57 (3m) (a) 1. (intro.) of the statutes is amended to read:

AB1036,17,21 48.57 (3m) (a) 1. (intro.) “Child" means a person under 18 years of age. “Child" also includes a person 18 years of age or over, but under 21 years of age, if any of the following applies:

AB1036,26 Section 26. 48.57 (3m) (a) 1. a. of the statutes is amended to read:

AB1036,18,6 48.57 (3m) (a) 1. a. The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma 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 child's permanency plan.

AB1036,27 Section 27. 48.57 (3m) (a) 1. b. of the statutes is amended to read:

AB1036,18,15 48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

AB1036,28 Section 28. 48.57 (3n) (a) 1. (intro.) of the statutes is amended to read:

AB1036,18,19 48.57 (3n) (a) 1. (intro.) “Child" means a person under 18 years of age. “Child" also includes a person 18 years of age or over, but under 21 years of age, if any of the following applies:

AB1036,29 Section 29. 48.57 (3n) (a) 1. a. of the statutes is amended to read:

AB1036,19,4 48.57 (3n) (a) 1. a. The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma 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 child's permanency plan.

AB1036,30 Section 30. 48.57 (3n) (a) 1. b. of the statutes is amended to read:

AB1036,19,13 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

AB1036,31 Section 31. 48.57 (3n) (am) 6. a. of the statutes is amended to read:

AB1036,20,6 48.57 (3n) (am) 6. a. The date on which the child attains the age of 18 years; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 19 years, whichever occurs first; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for the child 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 child's permanency plan, the date on which the child is granted a high school or high school equivalency diploma ceases to meet any of those conditions for eligibility or the date on which the child attains the age of 21 years, whichever occurs first.

AB1036,32 Section 32. 48.623 (1m) (intro.) of the statutes is amended to read:

AB1036,20,10 48.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship payments under sub. (1) or (6) may be continued after until the child attains 18 21 years of age if any all of the following applies apply:

AB1036,33 Section 33. 48.623 (1m) (a) of the statutes is amended to read:

AB1036,20,19 48.623 (1m) (a) The child 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 child's permanency plan.

AB1036,34 Section 34. 48.623 (1m) (b) of the statutes is repealed.

AB1036,35 Section 35. 48.623 (1m) (c) of the statutes is amended to read:

AB1036,21,2 48.623 (1m) (c) The child 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 child, and the subsidized guardianship agreement for the child became effective on or after the date on which the child attained 16 years of age.

AB1036,36 Section 36. 48.645 (1) (intro.) of the statutes is amended to read:

AB1036,21,10 48.645 (1) Definition. (intro.) In this section, “dependent child" means a child under the age of 18 or, if the child 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 years of age, is under the age of 19, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent for whom an individualized educational program under s. 115.787 is in effect, is person under 21 years of age, who meets all of the following conditions:

AB1036,37 Section 37. 48.645 (1) (a) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

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.