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AB68-SSA1,1441,2017 938.02 (1) “Adult" means a person who is 18 years of age or older, except that
18for purposes of investigating or prosecuting a person who is alleged to have violated
19any state or federal criminal law or any civil law or municipal ordinance, “ adult"

20means a person who has attained 17 years of age.
AB68-SSA1,3122 21Section 3122. 938.02 (3m) of the statutes is amended to read:
AB68-SSA1,1441,2522 938.02 (3m) “Delinquent" means a juvenile who is 10 12 years of age or older
23who has violated any state or federal criminal law, except as provided in ss. 938.17,
24938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01
25(1), as specified in s. 938.355 (6g).
AB68-SSA1,3123
1Section 3123. 938.02 (4) of the statutes is amended to read:
AB68-SSA1,1442,62 938.02 (4) “Department" means the department of children and families,
3except that with respect to a juvenile who is under the supervision of the department
4of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or
5(4)
a court order under this chapter, “department" means the department of
6corrections.
AB68-SSA1,3124 7Section 3124 . 938.02 (4) of the statutes, as affected by 2019 Wisconsin Act 8
8and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1442,129 938.02 (4) “Department" means the department of children and families except
10that with respect to a juvenile who is under the supervision of the department of
11corrections under a court order under this chapter, “department” means the
12department of corrections.
AB68-SSA1,3125 13Section 3125 . 938.02 (10m) of the statutes is amended to read:
AB68-SSA1,1442,1814 938.02 (10m) “Juvenile," when used without further qualification, means a
15person who is less than 18 years of age, except that for purposes of investigating or
16prosecuting a person who is alleged to have violated a state or federal criminal law
17or any civil law or municipal ordinance, “juvenile" does not include a person who has
18attained 17 years of age
.
AB68-SSA1,3126 19Section 3126. 938.02 (10p) of the statutes is amended to read:
AB68-SSA1,1443,220 938.02 (10p) “Juvenile correctional facility" means a correctional institution
21operated or contracted for by the department of corrections or operated by the
22department of health services for holding in secure custody persons adjudged
23delinquent. “Juvenile correctional facility" includes the Mendota juvenile treatment
24center under s. 46.057 and a facility authorized under s. 938.533 (3) (b), 938.538 (4)

1(b), or 938.539 (5)
and a secured residential care center for children and youth
2operated by the department of corrections
.
AB68-SSA1,3127 3Section 3127 . 938.02 (12d) of the statutes is created to read:
AB68-SSA1,1443,54 938.02 (12d) “Mendota juvenile treatment center” means the center
5established and operated by the department of health services under s. 46.057.
AB68-SSA1,3128 6Section 3128 . 938.02 (13) of the statutes is amended to read:
AB68-SSA1,1444,27 938.02 (13) “Parent" means a biological natural parent, a husband who has
8consented to the artificial insemination of his wife under s. 891.40,
or a parent by
9adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
10do not subsequently intermarry under s. 767.803, “parent" includes a person
11conclusively determined from genetic test results to be the father under s. 767.804
12or a person acknowledged under s. 767.805 or a substantially similar law of another
13state or adjudicated to be the biological father natural parent. “Parent" does not
14include any person whose parental rights have been terminated. For purposes of the
15application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to
161963, “parent" means a biological natural parent of an Indian child, an Indian
17husband spouse who has consented to the artificial insemination of his wife or her
18spouse
under s. 891.40, or an Indian person who has lawfully adopted an Indian
19juvenile, including an adoption under tribal law or custom, and includes, in the case
20of a nonmarital Indian child who is not adopted or whose parents do not subsequently
21intermarry under s. 767.803, a person conclusively determined from genetic test
22results to be the father under s. 767.804, a person acknowledged under s. 767.805,
23a substantially similar law of another state, or tribal law or custom to be the
24biological father natural parent, or a person adjudicated to be the biological father

1natural parent, but does not include any person whose parental rights have been
2terminated.
AB68-SSA1,3129 3Section 3129. 938.02 (14m) of the statutes is created to read:
AB68-SSA1,1444,54 938.02 (14m) “Qualified individual” has the meaning given under 42 USC 675a
5(c) (1) (D).
AB68-SSA1,3130 6Section 3130. 938.02 (15g) of the statutes is amended to read:
AB68-SSA1,1444,117 938.02 (15g) “Secured residential care center for children and youth" means
8a facility that complies with the requirements of ss. 301.37 and 938.48 (16) (b)
9operated by the department of corrections, by an Indian tribe or a county under ss.
1046.20, 59.53 (8m), and 938.22 (1) (a), or by a child welfare agency that is licensed
11under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.
AB68-SSA1,3131 12Section 3131. 938.02 (17r) of the statutes is created to read:
AB68-SSA1,1444,1413 938.02 (17r) “Status offense” means an offense committed by a juvenile that
14would not be an offense if committed by an adult.
AB68-SSA1,3132 15Section 3132. 938.02 (17t) of the statutes is created to read:
AB68-SSA1,1444,1916 938.02 (17t) “Standardized assessment” means an assessment, using a tool
17determined by the department, of the strengths and needs of a juvenile to determine
18appropriateness of a placement in a residential care center for children and youth,
19group home, or shelter care facility certified under s. 48.675.
AB68-SSA1,3133 20Section 3133. 938.02 (19) of the statutes is repealed.
AB68-SSA1,3134 21Section 3134. 938.02 (19r) of the statutes is repealed.
AB68-SSA1,3135 22Section 3135. 938.02 (20) of the statutes is repealed.
AB68-SSA1,3136 23Section 3136. 938.06 (5) (a) 1. of the statutes is amended to read:
AB68-SSA1,1445,224 938.06 (5) (a) 1. Use placement in a juvenile detention facility or juvenile
25portion of the county jail as a disposition under s. 938.34 (3) (f) , as a sanction under

1s. 938.355 (6m) (a) 1g.,
or as a place of short-term detention under s. 938.355 (6d) (a)
21. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.
AB68-SSA1,3137 3Section 3137. 938.06 (5) (b) of the statutes is amended to read:
AB68-SSA1,1445,74 938.06 (5) (b) The use by the court of a disposition under s. 938.34 (3) (f) or (6)
5(am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s.
6938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any
7resolution adopted under par. (a).
AB68-SSA1,3138 8Section 3138. 938.069 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,1445,139 938.069 (1) Duties. (intro.) The staff of the department of corrections shall
10provide community supervision services for juveniles as provided in s. 938.533.

11Subject to sub. (2), the staff of the department of corrections, the court, a county
12department, or a licensed child welfare agency designated by the court to carry out
13the objectives of this chapter shall:
AB68-SSA1,3139 14Section 3139. 938.12 (1) of the statutes is amended to read:
AB68-SSA1,1445,1715 938.12 (1) In general. The court has exclusive jurisdiction, except as provided
16in ss. 938.17, 938.18, and 938.183, over any juvenile 10 12 years of age or older who
17is alleged to be delinquent.
AB68-SSA1,3140 18Section 3140 . 938.12 (2) of the statutes is amended to read:
AB68-SSA1,1445,2319 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
20alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
21becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
22the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
23an adjudication, the court retains jurisdiction over the case.
AB68-SSA1,3141 24Section 3141. 938.13 (12) of the statutes is amended to read:
AB68-SSA1,1446,2
1938.13 (12) Delinquent act before age 10 12 . The juvenile is under 10 12 years
2of age and has committed a delinquent act.
AB68-SSA1,3142 3Section 3142 . 938.18 (1) (a) of the statutes is amended to read:
AB68-SSA1,1446,74 938.18 (1) (a) The juvenile is alleged to have violated attempted or committed
5a violation of s. 940.01 on or after the juvenile's 14th birthday or to have committed
6a violation of
s. 940.02, 940.03, 940.05, 940.06, 940.225 (1) or (2), 940.305, 940.31,
7943.10 (2), 943.32 (2), or 943.87 or 961.41 (1) on or after the juvenile's 14th birthday.
AB68-SSA1,3143 8Section 3143 . 938.18 (1) (bm) of the statutes is created to read:
AB68-SSA1,1446,129 938.18 (1) (bm) 1. The juvenile has been adjudicated delinquent and is alleged
10to have committed a violation of s. 940.20 (1) or 946.43 while placed in a juvenile
11correctional facility, a juvenile detention facility, or a secured residential care center
12for children and youth on or after the juvenile's 14th birthday.
AB68-SSA1,1446,1413 2. The juvenile has been adjudicated delinquent and is alleged to have
14committed a violation of s. 940.20 (2m) on or after the juvenile's 14th birthday.
AB68-SSA1,3144 15Section 3144 . 938.18 (1) (c) of the statutes is amended to read:
AB68-SSA1,1446,1816 938.18 (1) (c) The juvenile is alleged to have violated any state criminal law
17that would be a felony if committed by an adult
on or after the juvenile's 15th 16th
18birthday.
AB68-SSA1,3145 19Section 3145 . 938.18 (2) of the statutes is amended to read:
AB68-SSA1,1447,320 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
21district attorney or the juvenile or may be initiated by the court and shall contain a
22brief statement of the facts supporting the request for waiver. The petition for waiver
23of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
24delinquency and shall be filed prior to the plea hearing, except that if the juvenile
25denies the facts of the petition and becomes 17 years of age an adult before an

1adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
2the adjudication. If the court initiates the petition for waiver of jurisdiction, the
3judge shall disqualify himself or herself from any future proceedings on the case.
AB68-SSA1,3146 4Section 3146 . 938.183 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,1447,75 938.183 (1) Juveniles under adult court jurisdiction. (intro.)
6Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal
7jurisdiction have exclusive original jurisdiction over all of the following:
AB68-SSA1,3147 8Section 3147. 938.183 (1) (am) of the statutes is amended to read:
AB68-SSA1,1447,119 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a
10violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after
11the juvenile's 10th 12th birthday.
AB68-SSA1,3148 12Section 3148 . 938.183 (1d) of the statutes is created to read:
AB68-SSA1,1447,1913 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have
14exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to
15any violation committed on or after the effective date of this subsection .... [LRB
16inserts date]. A juvenile who is alleged to have committed a violation described in
17sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is
18subject to the jurisdiction of the court assigned to exercise jurisdiction under this
19chapter as provided in s. 938.12.
AB68-SSA1,3149 20Section 3149 . 938.183 (3) of the statutes is amended to read:
AB68-SSA1,1448,321 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
22(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
23938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
24of corrections may place the juvenile in a state prison named in s. 302.01, except that
25that department may not place any person under the age of 18 years in the

1correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
2criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
3committed before December 31, 1999, is eligible for parole under s. 304.06.
AB68-SSA1,3150 4Section 3150. 938.184 of the statutes is created to read:
AB68-SSA1,1448,8 5938.184 Extended juvenile jurisdiction. (1) Extended juvenile court
6jurisdiction; conditions for.
A petition requesting extended juvenile jurisdiction
7may be granted if the court finds, after hearing, and by clear and convincing
8evidence, that all of the following conditions are met:
AB68-SSA1,1448,109 (a) The juvenile qualifies for waiver of juvenile court jurisdiction under s.
10938.18.
AB68-SSA1,1448,1211 (b) If adjudged delinquent, the juvenile qualifies for a correctional placement
12under s. 938.34 (4m).
AB68-SSA1,1448,1413 (c) If adjudged delinquent, a disposition under s. 938.34 (4m) is insufficient to
14protect public safety or for rehabilitation of the juvenile.
AB68-SSA1,1448,20 15(2) Petition. A district attorney or a juvenile may file a petition requesting
16extended juvenile jurisdiction under this section or the court may initiate a hearing
17under this section on its own motion. The petition shall contain a brief statement of
18the facts supporting the request for extended juvenile jurisdiction and shall be
19accompanied by or filed after the filing of a petition alleging delinquency but prior
20to the plea hearing.
AB68-SSA1,1449,2 21(3) Agency report. The court may designate an agency, as defined in s. 938.38
22(1) (a), to submit a report evaluating the juvenile's eligibility for jurisdiction under
23this section. The agency shall file the report with the court, and the court shall cause
24copies of the report to be given to the juvenile; any parent, guardian, or legal
25custodian of the juvenile; and the juvenile's counsel at least 3 days before the hearing.

1The court may rely on facts stated in the report in making its findings with respect
2to the criteria under sub. (1) (a) and (b).
AB68-SSA1,1449,9 3(4) Rights of juvenile. The juvenile shall be represented by counsel. Written
4notice of the time, place, and purpose of the hearing shall be given to the juvenile;
5any parent, guardian, or legal custodian; and the juvenile's counsel at least 3 days
6prior to the hearing. The notice shall contain a statement of the requirements of s.
7938.29 (2) with regard to substitution of the judge. If parents entitled to notice have
8the same address, notice to one constitutes notice to the other. Counsel for the
9juvenile shall have access to the social records and other reports under s. 938.293.
AB68-SSA1,1449,13 10(5) Decision on petition. A hearing on a petition under this section shall be
11to the court. If the court determines on the record that the juvenile qualifies for
12extended juvenile jurisdiction based on the criteria in sub. (1), the court shall grant
13the petition and maintain jurisdiction of the juvenile.
AB68-SSA1,1449,15 14(6) Effect of extended juvenile jurisdiction. If a juvenile is subject to
15extended juvenile jurisdiction, all of the following apply:
AB68-SSA1,1449,1616 (a) The juvenile has a right to a jury in the hearing under s. 938.31.
AB68-SSA1,1449,1717 (b) The court may impose any disposition available under s. 938.34.
AB68-SSA1,1449,2018 (c) If the court imposes a disposition under s. 938.34 (4p), the court maintains
19jurisdiction over the individual until the termination of the order under that
20subsection, as provided under s. 938.355 (4) (b) 5.
AB68-SSA1,3151 21Section 3151. 938.19 (1) (d) 6. of the statutes is amended to read:
AB68-SSA1,1450,222 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered
23supervision, community supervision, or aftercare supervision; a condition of the
24juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential

1care center for children and youth;
or a condition of the juvenile's participation in the
2intensive supervision program under s. 938.534.
AB68-SSA1,3152 3Section 3152. 938.20 (2) (cm) of the statutes is amended to read:
AB68-SSA1,1450,104 938.20 (2) (cm) If the juvenile has violated a condition of community
5supervision or
aftercare supervision, a condition of the juvenile's placement in a Type
62 juvenile correctional facility or a Type 2 residential care center for children and
7youth,
or a condition of the juvenile's participation in the intensive supervision
8program under s. 938.534, the person who took the juvenile into custody may release
9the juvenile to the department of corrections or county department, whichever has
10supervision over the juvenile.
AB68-SSA1,3153 11Section 3153. 938.20 (7) (c) 1m. of the statutes is amended to read:
AB68-SSA1,1450,1712 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of
13community supervision or aftercare supervision , a condition of the juvenile's
14placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
15for children and youth,
or a condition of the juvenile's participation in the intensive
16supervision program under s. 938.534, to the department of corrections or county
17department, whichever has supervision of the juvenile.
AB68-SSA1,3154 18Section 3154. 938.20 (8) (c) of the statutes is amended to read:
AB68-SSA1,1451,219 938.20 (8) (c) If a juvenile who has violated a condition of community
20supervision or
aftercare supervision, a condition of the juvenile's placement in a Type
212 juvenile correctional facility or a Type 2 residential care center for children and
22youth,
or a condition of the juvenile's participation in the intensive supervision
23program under s. 938.534 is held in custody, the intake worker shall also notify the
24department of corrections or county department, whichever has supervision over the
25juvenile, of the reasons for holding the juvenile in custody, of the juvenile's

1whereabouts, and of the time and place of the detention hearing required under s.
2938.21.
AB68-SSA1,3155 3Section 3155. 938.205 (1) (c) of the statutes is amended to read:
AB68-SSA1,1451,114 938.205 (1) (c) That the juvenile will run away or be taken away so as to be
5unavailable for proceedings of the court or its officers, proceedings of the division of
6hearings and appeals in the department of administration for revocation of
7community supervision or aftercare supervision, or action by the department of
8corrections or county department relating to a violation of a condition of the juvenile's
9placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
10for children and youth or
a condition of the juvenile's participation in the intensive
11supervision program under s. 938.534.
AB68-SSA1,3156 12Section 3156. 938.208 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,1451,2513 938.208 (1) Delinquent act and risk of harm or running away. (intro.)
14Probable cause exists to believe that the juvenile has committed a delinquent act and
15either presents a substantial risk of physical harm to another person or a substantial
16risk of running away so as to be unavailable for a court hearing, a revocation of
17community supervision or aftercare supervision hearing, or action by the
18department of corrections or county department relating to a violation of a condition
19of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2
20residential care center for children and youth or a condition of
the juvenile's
21participation in the intensive supervision program under s. 938.534. For juveniles
22who have been adjudged delinquent, the delinquent act referred to in this section
23may be the act for which the juvenile was adjudged delinquent. If the intake worker
24determines that any of the following conditions applies, the juvenile is considered to
25present a substantial risk of physical harm to another person:
AB68-SSA1,3157
1Section 3157. 938.208 (1) (b) of the statutes is amended to read:
AB68-SSA1,1452,62 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
3used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
4short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
5defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
6under ch. 940 if committed by an adult.
AB68-SSA1,3158 7Section 3158. 938.21 (1) (c) of the statutes is created to read:
AB68-SSA1,1452,168 938.21 (1) (c) If the juvenile is held in custody in a residential care center for
9children and youth, group home, or shelter care facility certified under s. 48.675, the
10qualified individual shall conduct a standardized assessment and the agency
11primarily responsible for providing services under the custody order shall submit it
12and the recommendation of the qualified individual who conducted the standardized
13assessment, including all of the following, to the court and all persons who are
14required to receive a copy of the petition or request under par. (b) no later than the
15hearing or, if not available by that time, no later than 30 days after the date on which
16the placement is made:
AB68-SSA1,1452,1817 1. Whether the proposed placement will provide the juvenile with the most
18effective and appropriate level of care in the least restrictive environment.
AB68-SSA1,1452,2019 2. How the placement is consistent with the short-term and long-term goals
20for the juvenile, as specified in the permanency plan.
AB68-SSA1,1452,2321 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's
22family or in a foster home. A shortage or lack of foster homes is not an acceptable
23reason for determining that the juvenile's needs cannot be met in a foster home.
AB68-SSA1,1453,3
14. The placement preference of the family permanency team under s. 938.38
2(3m) and, if that preference is not the placement recommended by the qualified
3individual, why that recommended placement is not preferred.
AB68-SSA1,3159 4Section 3159. 938.21 (5) (b) 2g. of the statutes is created to read:
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