Amendment SSA1-AB68

AB68-SSA1,3124 Section 3124 . 938.02 (4) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-SSA1,1442,12 938.02 (4) “Department" means the department of children and families except that with respect to a juvenile who is under the supervision of the department of corrections under a court order under this chapter, “department” means the department of corrections.

AB68-SSA1,3125 Section 3125 . 938.02 (10m) of the statutes is amended to read:

AB68-SSA1,1442,18 938.02 (10m) “Juvenile," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

AB68-SSA1,3126 Section 3126. 938.02 (10p) of the statutes is amended to read:

AB68-SSA1,1443,2 938.02 (10p) “Juvenile correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health services for holding in secure custody persons adjudged delinquent. “Juvenile correctional facility" includes the Mendota juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) and a secured residential care center for children and youth operated by the department of corrections.

AB68-SSA1,3127 Section 3127 . 938.02 (12d) of the statutes is created to read:

AB68-SSA1,1443,5 938.02 (12d) “Mendota juvenile treatment center” means the center established and operated by the department of health services under s. 46.057.

AB68-SSA1,3128 Section 3128 . 938.02 (13) of the statutes is amended to read:

AB68-SSA1,1444,2 938.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB68-SSA1,3129 Section 3129. 938.02 (14m) of the statutes is created to read:

AB68-SSA1,1444,5 938.02 (14m) “Qualified individual” has the meaning given under 42 USC 675a (c) (1) (D).

AB68-SSA1,3130 Section 3130. 938.02 (15g) of the statutes is amended to read:

AB68-SSA1,1444,11 938.02 (15g) “Secured residential care center for children and youth" means a facility that complies with the requirements of ss. 301.37 and 938.48 (16) (b) operated by the department of corrections, by an Indian tribe or a county under ss. 46.20, 59.53 (8m), and 938.22 (1) (a), or by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

AB68-SSA1,3131 Section 3131. 938.02 (17r) of the statutes is created to read:

AB68-SSA1,1444,14 938.02 (17r) “Status offense” means an offense committed by a juvenile that would not be an offense if committed by an adult.

AB68-SSA1,3132 Section 3132. 938.02 (17t) of the statutes is created to read:

AB68-SSA1,1444,19 938.02 (17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a juvenile to determine appropriateness of a placement in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675.

AB68-SSA1,3133 Section 3133. 938.02 (19) of the statutes is repealed.

AB68-SSA1,3134 Section 3134. 938.02 (19r) of the statutes is repealed.

AB68-SSA1,3135 Section 3135. 938.02 (20) of the statutes is repealed.

AB68-SSA1,3136 Section 3136. 938.06 (5) (a) 1. of the statutes is amended to read:

AB68-SSA1,1445,2 938.06 (5) (a) 1. Use placement in a juvenile detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f) , as a sanction under s. 938.355 (6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.

AB68-SSA1,3137 Section 3137. 938.06 (5) (b) of the statutes is amended to read:

AB68-SSA1,1445,7 938.06 (5) (b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted under par. (a).

AB68-SSA1,3138 Section 3138. 938.069 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1445,13 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

AB68-SSA1,3139 Section 3139. 938.12 (1) of the statutes is amended to read:

AB68-SSA1,1445,17 938.12 (1) In general. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 12 years of age or older who is alleged to be delinquent.

AB68-SSA1,3140 Section 3140 . 938.12 (2) of the statutes is amended to read:

AB68-SSA1,1445,23 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB68-SSA1,3141 Section 3141. 938.13 (12) of the statutes is amended to read:

AB68-SSA1,1446,2 938.13 (12) Delinquent act before age 10 12 . The juvenile is under 10 12 years of age and has committed a delinquent act.

AB68-SSA1,3142 Section 3142 . 938.18 (1) (a) of the statutes is amended to read:

AB68-SSA1,1446,7 938.18 (1) (a) The juvenile is alleged to have violated attempted or committed a violation of s. 940.01 on or after the juvenile's 14th birthday or to have committed a violation of s. 940.02, 940.03, 940.05, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), or 943.87 or 961.41 (1) on or after the juvenile's 14th birthday.

AB68-SSA1,3143 Section 3143 . 938.18 (1) (bm) of the statutes is created to read:

AB68-SSA1,1446,12 938.18 (1) (bm) 1. The juvenile has been adjudicated delinquent and is alleged to have committed a violation of s. 940.20 (1) or 946.43 while placed in a juvenile correctional facility, a juvenile detention facility, or a secured residential care center for children and youth on or after the juvenile's 14th birthday.

AB68-SSA1,1446,14 2. The juvenile has been adjudicated delinquent and is alleged to have committed a violation of s. 940.20 (2m) on or after the juvenile's 14th birthday.

AB68-SSA1,3144 Section 3144 . 938.18 (1) (c) of the statutes is amended to read:

AB68-SSA1,1446,18 938.18 (1) (c) The juvenile is alleged to have violated any state criminal law that would be a felony if committed by an adult on or after the juvenile's 15th 16th birthday.

AB68-SSA1,3145 Section 3145 . 938.18 (2) of the statutes is amended to read:

AB68-SSA1,1447,3 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB68-SSA1,3146 Section 3146 . 938.183 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1447,7 938.183 (1) Juveniles under adult court jurisdiction. (intro.) Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal jurisdiction have exclusive original jurisdiction over all of the following:

AB68-SSA1,3147 Section 3147. 938.183 (1) (am) of the statutes is amended to read:

AB68-SSA1,1447,11 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th 12th birthday.

AB68-SSA1,3148 Section 3148 . 938.183 (1d) of the statutes is created to read:

AB68-SSA1,1447,19 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to any violation committed on or after the effective date of this subsection .... [LRB inserts date]. A juvenile who is alleged to have committed a violation described in sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is subject to the jurisdiction of the court assigned to exercise jurisdiction under this chapter as provided in s. 938.12.

AB68-SSA1,3149 Section 3149 . 938.183 (3) of the statutes is amended to read:

AB68-SSA1,1448,3 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB68-SSA1,3150 Section 3150. 938.184 of the statutes is created to read:

AB68-SSA1,1448,8 938.184 Extended juvenile jurisdiction. (1) Extended juvenile court jurisdiction; conditions for. A petition requesting extended juvenile jurisdiction may be granted if the court finds, after hearing, and by clear and convincing evidence, that all of the following conditions are met:

AB68-SSA1,1448,10 (a) The juvenile qualifies for waiver of juvenile court jurisdiction under s. 938.18.

AB68-SSA1,1448,12 (b) If adjudged delinquent, the juvenile qualifies for a correctional placement under s. 938.34 (4m).

AB68-SSA1,1448,14 (c) If adjudged delinquent, a disposition under s. 938.34 (4m) is insufficient to protect public safety or for rehabilitation of the juvenile.

AB68-SSA1,1448,20 (2) Petition. A district attorney or a juvenile may file a petition requesting extended juvenile jurisdiction under this section or the court may initiate a hearing under this section on its own motion. The petition shall contain a brief statement of the facts supporting the request for extended juvenile jurisdiction and shall be accompanied by or filed after the filing of a petition alleging delinquency but prior to the plea hearing.

AB68-SSA1,1449,2 (3) Agency report. The court may designate an agency, as defined in s. 938.38 (1) (a), to submit a report evaluating the juvenile's eligibility for jurisdiction under this section. The agency shall file the report with the court, and the court shall cause copies of the report to be given to the juvenile; any parent, guardian, or legal custodian of the juvenile; and the juvenile's counsel at least 3 days before the hearing. The court may rely on facts stated in the report in making its findings with respect to the criteria under sub. (1) (a) and (b).

AB68-SSA1,1449,9 (4) Rights of juvenile. The juvenile shall be represented by counsel. Written notice of the time, place, and purpose of the hearing shall be given to the juvenile; any parent, guardian, or legal custodian; and the juvenile's counsel at least 3 days prior to the hearing. The notice shall contain a statement of the requirements of s. 938.29 (2) with regard to substitution of the judge. If parents entitled to notice have the same address, notice to one constitutes notice to the other. Counsel for the juvenile shall have access to the social records and other reports under s. 938.293.

AB68-SSA1,1449,13 (5) Decision on petition. A hearing on a petition under this section shall be to the court. If the court determines on the record that the juvenile qualifies for extended juvenile jurisdiction based on the criteria in sub. (1), the court shall grant the petition and maintain jurisdiction of the juvenile.

AB68-SSA1,1449,15 (6) Effect of extended juvenile jurisdiction. If a juvenile is subject to extended juvenile jurisdiction, all of the following apply:

AB68-SSA1,1449,16 (a) The juvenile has a right to a jury in the hearing under s. 938.31.

AB68-SSA1,1449,17 (b) The court may impose any disposition available under s. 938.34.

AB68-SSA1,1449,20 (c) If the court imposes a disposition under s. 938.34 (4p), the court maintains jurisdiction over the individual until the termination of the order under that subsection, as provided under s. 938.355 (4) (b) 5.

AB68-SSA1,3151 Section 3151. 938.19 (1) (d) 6. of the statutes is amended to read:

AB68-SSA1,1450,2 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision; a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth; or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

AB68-SSA1,3152 Section 3152. 938.20 (2) (cm) of the statutes is amended to read:

AB68-SSA1,1450,10 938.20 (2) (cm) If the juvenile has violated a condition of community supervision or aftercare supervision, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department of corrections or county department, whichever has supervision over the juvenile.

AB68-SSA1,3153 Section 3153. 938.20 (7) (c) 1m. of the statutes is amended to read:

AB68-SSA1,1450,17 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of community supervision or aftercare supervision , a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department of corrections or county department, whichever has supervision of the juvenile.

AB68-SSA1,3154 Section 3154. 938.20 (8) (c) of the statutes is amended to read:

AB68-SSA1,1451,2 938.20 (8) (c) If a juvenile who has violated a condition of community supervision or aftercare supervision, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21.

AB68-SSA1,3155 Section 3155. 938.205 (1) (c) of the statutes is amended to read:

AB68-SSA1,1451,11 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

AB68-SSA1,3156 Section 3156. 938.208 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1451,25 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

AB68-SSA1,3157 Section 3157. 938.208 (1) (b) of the statutes is amended to read:

AB68-SSA1,1452,6 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB68-SSA1,3158 Section 3158. 938.21 (1) (c) of the statutes is created to read:

AB68-SSA1,1452,16 938.21 (1) (c) If the juvenile is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par. (b) no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:

AB68-SSA1,1452,18 1. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68-SSA1,1452,20 2. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68-SSA1,1452,23 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68-SSA1,1453,3 4. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68-SSA1,3159 Section 3159. 938.21 (5) (b) 2g. of the statutes is created to read:

AB68-SSA1,1453,10 938.21 (5) (b) 2g. Except as provided in par. (cm), if the juvenile is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation submitted by the qualified individual who conducted the standardized assessment under sub. (1) (c):

AB68-SSA1,1453,12 a. Whether the needs of the juvenile can be met through placement in a foster home.

AB68-SSA1,1453,16 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

AB68-SSA1,1453,18 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as identified in the permanency planning.

AB68-SSA1,1453,19 d. Whether the court approves or disapproves the placement.