SB1067: Bill Text

SB1067,,1 2023 SENATE BILL 1067

February 26, 2024 - Introduced by Senators Roys, L. Johnson, Spreitzer, Hesselbein and Larson, cosponsored by Representatives Doyle, Jacobson, Bare, Stubbs, Emerson, Conley, Snodgrass, Palmeri, Considine, Clancy, Moore Omokunde, Drake, Joers, Subeck, Sinicki, Myers, Andraca, C. Anderson, Ohnstad, Shelton, Madison and Haywood. Referred to Committee on Judiciary and Public Safety.

SB1067,,2 An Act to amend 48.02 (1d), 48.02 (2), subchapter IX (title) of chapter 48 [precedes 48.44], 48.44, 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 302.31 (7), 938.02 (1), 938.02 (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (title), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (title), 938.57 (3) (a) (intro.), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title), 961.455 (1), 961.455 (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575 (3), 990.01 (3) and 990.01 (20); and to create 20.437 (1) (cL) and 48.5275 of the statutes; relating to: the age of juvenile court jurisdiction and making an appropriation.

SB1067,,3 Analysis by the Legislative Reference Bureau

Age of juvenile court jurisdiction

This bill raises from 17 to 18 the age at which a person who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, to sentencing under the Criminal Code. The bill raises from 17 to 18 the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court.

Under current law, a person 17 years of age or older who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, is subject to sentencing under the Criminal Code, which may include a sentence of imprisonment in the Wisconsin state prisons. Currently, subject to certain exceptions, a person under 17 years of age who is alleged to have violated a criminal law is subject to the procedures specified in the Juvenile Justice Code and, on being adjudicated delinquent, is subject to an array of dispositions under that code, including placement in a juvenile correctional facility.

Similarly, under current law, a person 17 years of age or older who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court, while a person under 17 years of age who is alleged to have violated a civil law or municipal ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the Juvenile Justice Code.

Seventeen-year-old juvenile justice aids

Under current law, counties are responsible for paying the costs associated with juvenile delinquency-related services, including the costs for a placement of a juvenile in a juvenile correctional facility, juvenile detention facility, or the juvenile portion of a county jail. The bill creates a sum sufficient appropriation for Department of Children and Families to reimburse counties, beginning on January 1, 2024, for costs 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.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

SB1067,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1067,1 Section 1. 20.437 (1) (cL) of the statutes is created to read:

SB1067,,6 20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for the purposes under s. 48.5275.

SB1067,2 Section 2. 48.02 (1d) of the statutes is amended to read:

SB1067,,8 48.02 (1d) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

SB1067,3 Section 3. 48.02 (2) of the statutes is amended to read:

SB1067,,10 48.02 (2) “Child,” 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, “child” does not include a person who has attained 17 years of age.

SB1067,4 Section 4. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

SB1067,,12 CHAPTER 48

SB1067,,15 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

SB1067,5 Section 5. 48.44 of the statutes is amended to read:

SB1067,,17 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

SB1067,6 Section 6. 48.45 (1) (a) of the statutes is amended to read:

SB1067,,19 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 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 child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

SB1067,7 Section 7. 48.45 (1) (am) of the statutes is amended to read:

SB1067,,21 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child’s expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

SB1067,8 Section 8. 48.45 (3) of the statutes is amended to read:

SB1067,,23 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.

SB1067,9 Section 9. 48.5275 of the statutes is created to read:

SB1067,,25 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2024, 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.

SB1067,10 Section 10. 118.163 (4) of the statutes is amended to read:

SB1067,,27 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

SB1067,11 Section 11. 125.07 (4) (d) of the statutes is amended to read:

SB1067,,29 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

SB1067,12 Section 12. 125.07 (4) (e) 1. of the statutes is amended to read:

SB1067,,31 125.07 (4) (e) 1. In this paragraph, “defendant” means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

SB1067,13 Section 13. 125.085 (3) (bt) of the statutes is amended to read:

SB1067,,33 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

SB1067,14 Section 14. 165.83 (1) (c) 1. of the statutes is amended to read:

SB1067,,35 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

SB1067,15 Section 15. 165.83 (1) (c) 2. of the statutes is amended to read:

SB1067,,37 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

SB1067,16 Section 16. 301.12 (2m) of the statutes is amended to read:

SB1067,,39 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

SB1067,17 Section 17. 301.12 (14) (a) of the statutes is amended to read:

SB1067,,41 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.

SB1067,18 Section 18. 302.31 (7) of the statutes is amended to read:

SB1067,,43 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

SB1067,19 Section 19. 938.02 (1) of the statutes is amended to read:

SB1067,,45 938.02 (1) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

SB1067,20 Section 20. 938.02 (10m) of the statutes is amended to read:

SB1067,,47 938.02 (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.

SB1067,21 Section 21. 938.12 (2) of the statutes is amended to read:

SB1067,,49 938.12 (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.

SB1067,22 Section 22. 938.18 (2) of the statutes is amended to read:

SB1067,,51 938.18 (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.

SB1067,23 Section 23. 938.183 (3) of the statutes is amended to read:

SB1067,,53 938.183 (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.

SB1067,24 Section 24. 938.255 (1) (intro.) of the statutes is amended to read: