Amendment AA7-ASA2-AB68

AB68-ASA2-AA7,416j Section 416j. 938.35 (1m) of the statutes is amended to read:

AB68-ASA2-AA7,39,24 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB68-ASA2-AA7,416k Section 416k. 938.355 (4) (b) of the statutes is amended to read:

AB68-ASA2-AA7,40,21 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

AB68-ASA2-AA7,416L Section 416L. 938.355 (4m) (a) of the statutes is amended to read:

AB68-ASA2-AA7,41,3 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB68-ASA2-AA7,416m Section 416m. 938.39 of the statutes is amended to read:

AB68-ASA2-AA7,41,9 938.39 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.

AB68-ASA2-AA7,416n Section 416n. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB68-ASA2-AA7,41,12 CHAPTER 938

AB68-ASA2-AA7,41,15 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

AB68-ASA2-AA7,416o Section 416o. 938.44 of the statutes is amended to read:

AB68-ASA2-AA7,41,19 938.44 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.

AB68-ASA2-AA7,416p Section 416p. 938.45 (1) (a) of the statutes is amended to read:

AB68-ASA2-AA7,42,3 938.45 (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.

AB68-ASA2-AA7,416q Section 416q. 938.45 (3) of the statutes is amended to read:

AB68-ASA2-AA7,42,9 938.45 (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.

AB68-ASA2-AA7,416r Section 416r. 938.48 (4m) (title) of the statutes is amended to read:

AB68-ASA2-AA7,42,12 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

AB68-ASA2-AA7,416s Section 416s. 938.48 (4m) (a) of the statutes is amended to read:

AB68-ASA2-AA7,42,14 938.48 (4m) (a) Is at least 17 years of age an adult.

AB68-ASA2-AA7,416t Section 416t. 938.48 (4m) (b) of the statutes is amended to read:

AB68-ASA2-AA7,42,18 938.48 (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) a court order under this chapter when the person reached 17 years of age became an adult.

AB68-ASA2-AA7,416u Section 416u. 938.48 (4m) (b) of the statutes, as affected by 2017 Wisconsin Act 185, section 82, and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-ASA2-AA7,42,23 938.48 (4m) (b) Was under the supervision of the department under a court order under this chapter when the person became an adult.

AB68-ASA2-AA7,416v Section 416v. 938.48 (14) of the statutes is amended to read:

AB68-ASA2-AA7,43,8 938.48 (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) this chapter as a result of a judicial decision.

AB68-ASA2-AA7,416w Section 416w. 938.48 (14) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-ASA2-AA7,43,17 938.48 (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 this chapter as a result of a judicial decision.

AB68-ASA2-AA7,416x Section 416x. 938.57 (3) (title) of the statutes is amended to read:

AB68-ASA2-AA7,43,20 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

AB68-ASA2-AA7,416y Section 416y. 938.57 (3) (a) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,43,24 938.57 (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:

AB68-ASA2-AA7,416z Section 416z. 938.57 (3) (a) 1. of the statutes is amended to read:

AB68-ASA2-AA7,44,1 938.57 (3) (a) 1. Is 17 years of age or older an adult.

AB68-ASA2-AA7,416za Section 416za. 938.57 (3) (a) 3. of the statutes is amended to read:

AB68-ASA2-AA7,44,4 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

AB68-ASA2-AA7,416zb Section 416zb. 938.57 (3) (b) of the statutes is amended to read:

AB68-ASA2-AA7,44,8 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB68-ASA2-AA7,416zc Section 416zc. 939.632 (1) (e) 1. of the statutes is amended to read:

AB68-ASA2-AA7,44,15 939.632 (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.

AB68-ASA2-AA7,416zd Section 416zd. 939.632 (1) (e) 3. of the statutes is amended to read:

AB68-ASA2-AA7,44,18 939.632 (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).

AB68-ASA2-AA7,416ze Section 416ze. 946.50 (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,44,24 946.50 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:

AB68-ASA2-AA7,416zf Section 416zf. 948.01 (1) of the statutes is amended to read:

AB68-ASA2-AA7,45,4 948.01 (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.

AB68-ASA2-AA7,416zg Section 416zg. 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,45,10 948.11 (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:

AB68-ASA2-AA7,416zh Section 416zh. 948.45 (1) of the statutes is amended to read:

AB68-ASA2-AA7,45,15 948.45 (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.

AB68-ASA2-AA7,416zi Section 416zi. 948.60 (2) (d) of the statutes is amended to read:

AB68-ASA2-AA7,45,20 948.60 (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.

AB68-ASA2-AA7,416zj Section 416zj. 948.61 (4) of the statutes is amended to read:

AB68-ASA2-AA7,45,25 948.61 (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.”.

AB68-ASA2-AA7,46,1 35. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,46,2 “ Section 417c. 973.01 (2) (d) 3. of the statutes is repealed.

AB68-ASA2-AA7,417d Section 417d. 973.01 (2) (d) 4. of the statutes is amended to read:

AB68-ASA2-AA7,46,5 973.01 (2) (d) 4. For a Class D, E, F, or G felony, the term of extended supervision may not exceed 5 years.

AB68-ASA2-AA7,417e Section 417e. 973.01 (3g) of the statutes is repealed.

AB68-ASA2-AA7,417f Section 417f. 973.01 (5m) of the statutes is created to read:

AB68-ASA2-AA7,46,11 973.01 (5m) Early discharge from extended supervision. (a) In this subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB68-ASA2-AA7,46,14 (b) The court may modify the person's sentence by reducing the term of extended supervision and may order early discharge of the person from the sentence if all of the following apply:

AB68-ASA2-AA7,46,16 1. The department petitions the court to discharge the person from extended supervision for a qualifying offense.

AB68-ASA2-AA7,46,18 2. The person has completed 3 years or 50 percent of his or her term of extended supervision for the qualifying offense, whichever is less.

AB68-ASA2-AA7,46,20 3. The person has satisfied all conditions of extended supervision that were set by the sentencing court for the qualifying offense.

AB68-ASA2-AA7,46,22 4. The person has satisfied all rules and conditions of supervision that were set by the department for the qualifying offense.

AB68-ASA2-AA7,46,23 5. The person has fulfilled all financial obligations to his or her victims.

AB68-ASA2-AA7,46,24 6. The person is not required to register under s. 301.45.

AB68-ASA2-AA7,47,2 (c) If a person is serving more than one sentence, early discharge under par. (b) applies only to the terms of extended supervision imposed for qualifying offenses.

AB68-ASA2-AA7,47,3 (d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).

AB68-ASA2-AA7,47,12 2. When a court receives a petition under par. (b) 1., the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the person serving the term of extended supervision, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at any hearing scheduled under par. (b) and shall inform the victim of the manner in which he or she may provide a statement concerning the early discharge from extended supervision. The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the victim, postmarked at least 10 days before the date of the hearing.

AB68-ASA2-AA7,47,24 3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the person serving the term of extended supervision was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable person serving a term of extended supervision, and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the person serving a term of extended supervision was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB68-ASA2-AA7,417g Section 417g. 973.01 (8) (a) 6. of the statutes is created to read:

AB68-ASA2-AA7,48,2 973.01 (8) (a) 6. The conditions under which the court may reduce the term of the person's extended supervision under sub. (5m).

AB68-ASA2-AA7,417h Section 417h. 973.01 (8) (ag) of the statutes is amended to read:

AB68-ASA2-AA7,48,7 973.01 (8) (ag) If the The court provides under sub. (3g) that shall inform the person is eligible to participate in of the availability of the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

AB68-ASA2-AA7,417i Section 417i. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and amended to read:

AB68-ASA2-AA7,48,17 973.10 (2) (am) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation.

AB68-ASA2-AA7,48,18 (bm) 2. If probation is revoked, the department shall do one of the following:

AB68-ASA2-AA7,417j Section 417j. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm) 2. a. and b.

AB68-ASA2-AA7,417k Section 417k. 973.10 (2) (bm) 1. of the statutes is created to read:

AB68-ASA2-AA7,48,23 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following applies:

AB68-ASA2-AA7,48,24 a. The person committed 3 or more independent violations while on probation.

AB68-ASA2-AA7,49,2 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-ASA2-AA7,49,3 c. The person was required to register as a sex offender under s. 301.45.

AB68-ASA2-AA7,49,5 d. When the person violated the condition of probation, the person also allegedly committed a crime.

AB68-ASA2-AA7,49,7 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-ASA2-AA7,417L Section 417L. 973.10 (2s) of the statutes is repealed.