AB56: Bill Text

AB56,1064,24 938.357 (3) (a) Subject to subs. (4) (b), (c), and (d) and (5) (e), if the proposed change in placement would involve placing a juvenile in a juvenile correctional facility or a secured residential care center for children and youth, notice shall be given as provided in sub. (1) (am) 1. A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the court makes a decision on the request. The juvenile is entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The department of corrections shall have the opportunity to object to a change of placement of a juvenile from a secured residential care center for children and youth to a Type 1 juvenile correctional facility , except for the Mendota juvenile treatment center, under par. (b). The proposed new placement may be approved only if the court finds, on the record, that the conditions set forth in s. 938.34 (4m) (a) and (b) have been met.

AB56,2166 Section 2166. 938.357 (3) (c) of the statutes is amended to read:

AB56,1065,8 938.357 (3) (c) Upon the recommendation of If the department of health services approves, the court may order the placement of a juvenile under par. (b) at the Mendota juvenile treatment center. A court may not order the department of health services to accept a juvenile placement under par. (b) at the Mendota juvenile treatment center that the department has not approved. A juvenile under the supervision of a county in a secured residential care center for children and youth who is transferred to Mendota juvenile treatment center under this paragraph remains under the supervision of that county.

AB56,2167 Section 2167. 938.357 (3) (d) of the statutes is amended to read:

AB56,1065,19 938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent and that. The county department shall reimburse the department of corrections at the rate specified under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the a juvenile's care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center. The county department shall reimburse the department of health services at a rate specified by that department for the cost of a juvenile's care while placed at the Mendota juvenile treatment center and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

AB56,2168 Section 2168 . 938.39 of the statutes is amended to read:

AB56,1065,25 938.39 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.

AB56,2169 Section 2169. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB56,1066,3 CHAPTER 938

AB56,1066,6 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

AB56,2170 Section 2170 . 938.44 of the statutes is amended to read:

AB56,1066,10 938.44 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.

AB56,2171 Section 2171 . 938.45 (1) (a) of the statutes is amended to read:

AB56,1066,19 938.45 (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.

AB56,2172 Section 2172 . 938.45 (3) of the statutes is amended to read:

AB56,1066,25 938.45 (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.

AB56,2173 Section 2173. 938.48 (4m) (title) of the statutes is amended to read:

AB56,1067,3 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

AB56,2174 Section 2174 . 938.48 (4m) (a) of the statutes is amended to read:

AB56,1067,5 938.48 (4m) (a) Is at least 17 years of age an adult.

AB56,2175 Section 2175 . 938.48 (4m) (b) of the statutes is amended to read:

AB56,1067,9 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (3) or (4) when the person reached 17 years of age became an adult.

AB56,2176 Section 2176 . 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act 185, section 82, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

AB56,1067,14 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) when the person became an adult.

AB56,2177 Section 2177 . 938.48 (14) of the statutes is amended to read:

AB56,1067,23 938.48 (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), (4m), or (4n), or 938.357 (3) or (4) as a result of a judicial decision.

AB56,2178 Section 2178 . 938.48 (14) of the statutes, as affected by 2017 Wisconsin Act 185, section 88, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

AB56,1068,10 938.48 (14) School-related expenses for juveniles who become adults. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they 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 becoming adults were under the supervision of the department under s. 938.183, 938.34 (4h) or (4n), or 938.357 (3) or (4) as a result of a judicial decision.

AB56,2179 Section 2179. 938.49 (2) (b) of the statutes is amended to read:

AB56,1068,17 938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school participating in the program under s. 118.60 or in the program under s. 119.23 or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation and general management of the governing body of a private school, the private school or the governing body of a private school, in writing of its obligation under s. 118.125 (4).

AB56,2180 Section 2180 . 938.57 (3) (title) of the statutes is amended to read:

AB56,1068,20 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

AB56,2181 Section 2181 . 938.57 (3) (a) (intro.) of the statutes is amended to read:

AB56,1068,24 938.57 (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:

AB56,2182 Section 2182 . 938.57 (3) (a) 1. of the statutes is amended to read:

AB56,1069,1 938.57 (3) (a) 1. Is 17 years of age or older an adult.

AB56,2183 Section 2183 . 938.57 (3) (a) 3. of the statutes is amended to read:

AB56,1069,4 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

AB56,2184 Section 2184 . 938.57 (3) (b) of the statutes is amended to read:

AB56,1069,8 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that to which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB56,2185 Section 2185 . 939.632 (1) (e) 1. of the statutes is amended to read:

AB56,1069,15 939.632 (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.

AB56,2186 Section 2186 . 939.632 (1) (e) 3. of the statutes is amended to read:

AB56,1069,18 939.632 (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).

AB56,2187 Section 2187 . 941.315 (5) of the statutes is amended to read:

AB56,1069,23 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or, dentist, or dental therapist or at the direction or under the supervision of a physician or, dentist, or dental therapist.

AB56,1070,2 (b) Subsection (3) does not apply to the administration of nitrous oxide by a physician or, dentist, or dental therapist, or by another person at the direction or under the supervision of a physician or , dentist, or dental therapist, for the purpose of providing medical or dental care.

AB56,1070,6 (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or , dentist, or dental therapist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.

AB56,2188 Section 2188 . 946.15 of the statutes is created to read:

AB56,1070,21 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any individual who seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that individual is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB56,1071,9 (2) Any individual employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB56,1071,18 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any individual who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the individual's pay is guilty of a Class I felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB56,1072,2 (4) Any individual employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB56,2189 Section 2189 . 946.50 (intro.) of the statutes is amended to read:

AB56,1072,8 946.50 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:

AB56,2190 Section 2190. 947.20 of the statutes is repealed.

AB56,2191 Section 2191. 947.21 of the statutes is repealed.

AB56,2192 Section 2192 . 948.01 (1) of the statutes is amended to read:

AB56,1072,15 948.01 (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.

AB56,2193 Section 2193 . 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB56,1072,21 948.11 (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:

AB56,2194 Section 2194 . 948.45 (1) of the statutes is amended to read:

AB56,1073,2 948.45 (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.

AB56,2195 Section 2195 . 948.60 (2) (d) of the statutes is amended to read:

AB56,1073,7 948.60 (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.

AB56,2196 Section 2196 . 948.61 (4) of the statutes is amended to read:

AB56,1073,12 948.61 (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.

AB56,2197 Section 2197. 961.01 (5m) of the statutes is created to read:

AB56,1073,15 961.01 (5m) “Debilitating medical condition or treatment" has the meaning given in s. 146.44 (1) (b).

AB56,2198 Section 2198 . 961.01 (12v) of the statutes is created to read:

AB56,1073,19 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor area that is lockable, or requires a security device, to permit access only by a member of a qualifying patient's treatment team.

AB56,2199 Section 2199. 961.01 (14c) of the statutes is created to read:

AB56,1073,22 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants or 3 ounces of usable cannabis.

AB56,2200 Section 2200. 961.01 (14g) of the statutes is created to read:

AB56,1073,25 961.01 (14g) “Medication with tetrahydrocannabinols" has the meaning given in s. 146.44 (1) (c).

AB56,2201 Section 2201. 961.01 (17k) of the statutes is created to read:

AB56,1074,3 961.01 (17k) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

AB56,2202 Section 2202. 961.01 (19m) of the statutes is created to read:

AB56,1074,5 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).

AB56,2203 Section 2203. 961.01 (20hm) of the statutes is created to read:

AB56,1074,7 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

AB56,2204 Section 2204. 961.01 (20ht) of the statutes is created to read:

AB56,1074,10 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

AB56,2205 Section 2205. 961.01 (20t) of the statutes is created to read:

AB56,1074,13 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

AB56,2206 Section 2206 . 961.01 (21f) of the statutes is created to read:

AB56,1074,16 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

AB56,2207 Section 2207. 961.01 (21t) of the statutes is created to read:

AB56,1074,18 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).