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AB68-SSA1,3310 8Section 3310 . 938.53 of the statutes, as affected by 2019 Wisconsin Act 8 and
92021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1513,16 10938.53 Duration of control of department of corrections over
11delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent
12who has been placed under the supervision of the department of corrections under
13a court order under this chapter shall be discharged as soon as that department
14determines that there is a reasonable probability that departmental supervision is
15no longer necessary for the rehabilitation and treatment of the juvenile or for the
16protection of the public.
AB68-SSA1,3311 17Section 3311. 938.533 of the statutes, as affected by 2019 Wisconsin Act 8, is
18repealed.
AB68-SSA1,3312 19Section 3312 . 938.538 (2) (intro.) of the statutes is amended to read:
AB68-SSA1,1513,2420 938.538 (2) Program administration and design. (intro.) The department of
21corrections shall administer a serious juvenile offender program for juveniles who
22have been adjudicated delinquent and ordered to participate in the program under
23s. 938.34 (4h), 2019 stats. The department of corrections shall design the program
24to provide all of the following:
AB68-SSA1,3313 25Section 3313. 938.538 (3) (a) 1. of the statutes is amended to read:
AB68-SSA1,1514,4
1938.538 (3) (a) 1. Subject to subd. 1m., placement in a Type 1 juvenile
2correctional facility or a secured residential care center for children and youth
3operated by the department of corrections or in the Mendota juvenile treatment
4center
.
AB68-SSA1,3314 5Section 3314. 938.538 (3) (a) 1m. of the statutes is amended to read:
AB68-SSA1,1514,116 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for
7committing an act that would be a Class A felony if committed by an adult, placement
8in a Type 1 juvenile correctional facility or a secured residential care center for
9children and youth until the participant reaches 25 years of age, unless the
10participant is released sooner, subject to a mandatory minimum period of
11confinement of not less than one year.
AB68-SSA1,3315 12Section 3315. 938.538 (3) (a) 2. of the statutes is amended to read:
AB68-SSA1,1514,1413 938.538 (3) (a) 2. Intensive or other field supervision, including community
14supervision under s. 938.533
aftercare supervision provided by a county department.
AB68-SSA1,3316 15Section 3316. 938.538 (3) (b) of the statutes is amended to read:
AB68-SSA1,1514,2116 938.538 (3) (b) The department may provide the sanctions under par. (a) in any
17order, may provide more than one sanction at a time and may return to a sanction
18that was used previously for a participant. Notwithstanding ss. 938.357 , and
19938.363 and 938.533 (3), a participant is not entitled to a hearing regarding the
20department's exercise of authority under this subsection unless the department
21provides for a hearing by rule.
AB68-SSA1,3317 22Section 3317. 938.538 (4) (a) of the statutes is amended to read:
AB68-SSA1,1515,1323 938.538 (4) (a) A participant in the program under this section is under the
24supervision and control of the department of corrections, is subject to the rules and
25discipline of that department, and is considered to be in custody, as defined in s.

1946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a
2condition of his or her participation in the program under sub. (3) (a) 2. to 9. while
3placed in a Type 2 juvenile correctional facility the department of corrections may,
4without a hearing, take the participant into custody and return him or her to
5placement in a Type 1 juvenile correctional facility or
a secured residential care
6center for children and youth.
Any intentional failure of a participant to remain
7within the extended limits of his or her placement while participating in the serious
8juvenile offender program or to return within the time prescribed by the
9administrator of the division of intensive sanctions in the department of corrections
10is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a
11juvenile who has violated a condition of the juvenile's participation in the program
12under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19
13to 938.21.
AB68-SSA1,3318 14Section 3318. 938.538 (4) (b) of the statutes is repealed.
AB68-SSA1,3319 15Section 3319. 938.538 (5) (a) of the statutes is amended to read:
AB68-SSA1,1515,2116 938.538 (5) (a) The office of juvenile offender review in the division of juvenile
17corrections in the department of corrections may release a participant to community
18aftercare supervision under s. 301.03 (10) (d) at any time after the participant has
19completed 2 years of participation in the serious juvenile offender program.
20Community supervision of the participant shall be provided by the department of
21corrections
.
AB68-SSA1,3320 22Section 3320. 938.539 of the statutes is repealed.
AB68-SSA1,3321 23Section 3321 . 938.54 of the statutes is amended to read:
AB68-SSA1,1516,5 24938.54 Records. The department of corrections shall keep a complete record
25on each juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) or

1938.357 (3) or (4)
a court order under this chapter. This record shall include the
2information received from the court, the date of reception, all available data on the
3personal and family history of the juvenile, the results of all tests and examinations
4given the juvenile, and a complete history of all placements of the juvenile while
5under the supervision of the department of corrections.
AB68-SSA1,3322 6Section 3322 . 938.54 of the statutes, as affected by 2019 Wisconsin Act 8 and
72021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68-SSA1,1516,13 8938.54 Records. The department of corrections shall keep a complete record
9on each juvenile under its supervision under a court order under this chapter. This
10record shall include the information received from the court, the date of reception,
11all available data on the personal and family history of the juvenile, the results of all
12tests and examinations given the juvenile, and a complete history of all placements
13of the juvenile while under the supervision of the department of corrections.
AB68-SSA1,3323 14Section 3323 . 938.57 (3) (title) of the statutes is amended to read:
AB68-SSA1,1516,1615 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become
16adults
.
AB68-SSA1,3324 17Section 3324 . 938.57 (3) (a) (intro.) of the statutes is amended to read:
AB68-SSA1,1516,2018 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d),
19counties may provide funding for the maintenance of any juvenile person who meets
20all of the following qualifications:
AB68-SSA1,3325 21Section 3325 . 938.57 (3) (a) 1. of the statutes is amended to read:
AB68-SSA1,1516,2222 938.57 (3) (a) 1. Is 17 years of age or older an adult.
AB68-SSA1,3326 23Section 3326 . 938.57 (3) (a) 3. of the statutes is amended to read:
AB68-SSA1,1516,2524 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to
25his or her 17th birthday becoming an adult.
AB68-SSA1,3327
1Section 3327. 938.57 (3) (b) of the statutes is amended to read:
AB68-SSA1,1517,42 938.57 (3) (b) The funding provided for the maintenance of a juvenile person
3under par. (a) shall be in an amount equal to that which the juvenile person would
4receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.
AB68-SSA1,3328 5Section 3328. 938.59 (1) of the statutes is amended to read:
AB68-SSA1,1517,186 938.59 (1) Investigation and examination. The county department shall
7investigate the personal and family history and environment of any juvenile
8transferred to its legal custody or placed under its supervision under s. 938.34 (2),
9(4d), (4m), or (4n) and make any physical or mental examinations of the juvenile
10considered necessary to determine the type of care necessary for the juvenile. The
11county department shall screen a juvenile who is examined to determine whether the
12juvenile is in need of special treatment or care because of alcohol or other drug abuse,
13mental illness, or severe emotional disturbance. The county department shall keep
14a complete record of the information received from the court, the date of reception,
15all available data on the personal and family history of the juvenile, the results of all
16tests and examinations given the juvenile, and a complete history of all placements
17of the juvenile while in the legal custody or under the supervision of the county
18department.
AB68-SSA1,3329 19Section 3329. 938.595 of the statutes is amended to read:
AB68-SSA1,1517,25 20938.595 Duration of control of county departments over delinquents.
21A juvenile who has been adjudged delinquent and placed under the supervision of
22a county department under s. 938.34 (2), (4d), (4m), or (4n) shall be discharged as
23soon as the county department determines that there is a reasonable probability that
24it is no longer necessary either for the rehabilitation and treatment of the juvenile
25or for the protection of the public that the county department retain supervision.
AB68-SSA1,3330
1Section 3330. 938.78 (2) (d) (intro.) of the statutes is amended to read:
AB68-SSA1,1518,82 938.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health
3services or a county department from disclosing information about an individual
4formerly in the legal custody or under the supervision of that department under s.
548.34 (4m), 1993 stats., or formerly under the supervision of that department or
6county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4d), 2019 stats., or
7s. 938.34 (4m) or (4n) to the department of corrections, if the individual is at the time
8of disclosure any of the following:
AB68-SSA1,3331 9Section 3331. 938.78 (2) (m) of the statutes is created to read:
AB68-SSA1,1518,1210 938.78 (2) (m) Paragraph (a) does not prohibit an agency from disclosing
11information about an individual under its supervision pursuant to an order under
12s. 938.369 (3).
AB68-SSA1,3332 13Section 3332. 939.50 (3) (d) of the statutes is amended to read:
AB68-SSA1,1518,1514 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or
15imprisonment not to exceed 25 20 years, or both.
AB68-SSA1,3333 16Section 3333. 939.616 (1g) of the statutes is amended to read:
AB68-SSA1,1518,2117 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or
18948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided
19under s. 973.018
, the court may not make an extended supervision eligibility date
20determination on a date that will occur before the person has served a 25-year term
21of confinement in prison.
AB68-SSA1,3334 22Section 3334. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB68-SSA1,1518,2523 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
24he or she is presently being sentenced was committed after he or she attained the age
25of 18 and
one of the following applies:
AB68-SSA1,3335
1Section 3335. 939.632 (1) (e) 1. of the statutes is amended to read:
AB68-SSA1,1519,72 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
3(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31,
4940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
5or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055,
6948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1.
7b. applies.
AB68-SSA1,3336 8Section 3336 . 939.632 (1) (e) 3. of the statutes is amended to read:
AB68-SSA1,1519,109 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
10(2),
940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
AB68-SSA1,3337 11Section 3337. 940.203 (1) (c) of the statutes is amended to read:
AB68-SSA1,1519,1912 940.203 (1) (c) “Law enforcement officer" means any person who currently is
13or was employed by the state, by any political subdivision, or as a tribal law
14enforcement officer for the purpose of detecting and preventing crime and enforcing
15laws or ordinances and who is authorized to make arrests for violations of the laws
16or ordinances the person is employed to enforce, whether that enforcement authority
17extends to all laws or ordinances or is limited to specific laws or ordinances
has the
18meaning given in s. 165.85 (2) (c) and includes a person who formerly was a law
19enforcement officer under that definition
.
AB68-SSA1,3338 20Section 3338 . 941.237 (1) (d) of the statutes is amended to read:
AB68-SSA1,1519,2421 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any
22weapon designed or redesigned, or made or remade, and intended to be fired while
23held in one hand and to use the energy of an explosive to expel a projectile through
24a smooth or rifled bore
.
AB68-SSA1,3339
1Section 3339. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to
2read:
AB68-SSA1,1520,43 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s.
4175.33 (2), unless at least 2 years have passed since the conviction.
AB68-SSA1,1520,65 (dn) The person has been adjudicated delinquent for a violation under s. 175.33
6(2), unless at least 2 years have passed since the adjudication.
AB68-SSA1,1520,97 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2)
8by reason of mental disease or defect, unless at least 2 years have passed since the
9finding.
AB68-SSA1,3340 10Section 3340 . 941.29 (1m) (g) of the statutes is amended to read:
AB68-SSA1,1520,1211 941.29 (1m) (g) The person is subject to an order not to possess a firearm under
12s. 813.123 (5m), 813.124 (2t) or (3), or 813.125 (4m).
AB68-SSA1,3341 13Section 3341 . 941.296 (1) (b) of the statutes is amended to read:
AB68-SSA1,1520,1514 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237
15(1) (d)
.
AB68-SSA1,3342 16Section 3342 . 941.315 (5) of the statutes is amended to read:
AB68-SSA1,1520,2017 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide
18is administered for the purpose of providing medical or dental care, if the nitrous
19oxide is administered by a physician or, dentist, or dental therapist or at the direction
20or under the supervision of a physician or, dentist, or dental therapist.
AB68-SSA1,1520,2421 (b) Subsection (3) does not apply to the administration of nitrous oxide by a
22physician or, dentist, or dental therapist, or by another person at the direction or
23under the supervision of a physician or, dentist, or dental therapist, for the purpose
24of providing medical or dental care.
AB68-SSA1,1521,4
1(c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic
2or other health care organization or to a physician or , dentist, or dental therapist of
3any object used, designed for use or primarily intended for use in administering
4nitrous oxide for the purpose of providing medical or dental care.
AB68-SSA1,3343 5Section 3343 . 943.20 (2) (c) of the statutes is amended to read:
AB68-SSA1,1521,86 943.20 (2) (c) “Property of another" includes property in which the actor is a
7co-owner and property of a partnership of which the actor is a member, unless the
8actor and the victim are husband and wife married to each other.
AB68-SSA1,3344 9Section 3344 . 943.201 (1) (b) 8. of the statutes is amended to read:
AB68-SSA1,1521,1110 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent
11before marriage if the surname was changed as a result of marriage
.
AB68-SSA1,3345 12Section 3345 . 943.205 (2) (b) of the statutes is amended to read:
AB68-SSA1,1521,1513 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a
14partnership of which the person charged is a member, unless the person charged and
15the victim are husband and wife married to each other.
AB68-SSA1,3346 16Section 3346 . 946.15 of the statutes is created to read:
AB68-SSA1,1522,5 17946.15 Public construction contracts at less than full rate. (1) Any
18employer, or any agent or employee of an employer, who induces any individual who
19seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1)
20(c), or who seeks to be or is employed on a project on which a prevailing wage rate
21determination has been issued by the department of workforce development under
22s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any
23part of the compensation to which that individual is entitled under his or her contract
24of employment or under the prevailing wage rate determination issued by the
25department, or who reduces the hourly basic rate of pay normally paid to an

1employee for work on a project on which a prevailing wage rate determination has
2not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a
3week in which the employee works both on a project on which a prevailing wage rate
4determination has been issued and on a project on which a prevailing wage rate
5determination has not been issued, is guilty of a Class I felony.
AB68-SSA1,1522,18 6(2) Any individual employed pursuant to a public contract, as defined in s.
766.0901 (1) (c), or employed on a project on which a prevailing wage rate
8determination has been issued by the department of workforce development under
9s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns
10to the employer or agent of the employer any part of the compensation to which the
11employee is entitled under his or her contract of employment or under the prevailing
12wage determination issued by the department, or who gives up any part of the
13compensation to which he or she is normally entitled for work on a project on which
14a prevailing wage rate determination has not been issued under s. 66.0903 (3),
15103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works
16part-time on a project on which a prevailing wage rate determination has been
17issued and part-time on a project on which a prevailing wage rate determination has
18not been issued, is guilty of a Class C misdemeanor.
AB68-SSA1,1523,2 19(3) Any employer or labor organization, or any agent or employee of an
20employer or labor organization, who induces any individual who seeks to be or is
21employed on a project on which a prevailing wage rate determination has been issued
22by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50
23(3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled
24under the prevailing wage rate determination issued by the department or local
25governmental unit to be deducted from the individual's pay is guilty of a Class I

1felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an
2individual who is working on a project that is subject to 40 USC 3142.
AB68-SSA1,1523,10 3(4) Any individual employed on a project on which a prevailing wage rate
4determination has been issued by the department of workforce development under
5s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages
6to which that individual is entitled under the prevailing wage rate determination
7issued by the department or local governmental unit to be deducted from his or her
8pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under
929 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to
1040 USC 3142.
AB68-SSA1,3347 11Section 3347 . 946.42 (1) (a) 1. a. of the statutes is amended to read:
AB68-SSA1,1523,1812 946.42 (1) (a) 1. a. Actual custody of an institution, including a juvenile
13correctional facility, as defined in s. 938.02 (10p), a secured residential care center
14for children and youth, as defined in s. 938.02 (15g), a juvenile detention facility, as
15defined in s. 938.02 (10r), a Type 2 residential care center for children and youth, as
16defined in s. 938.02 (19r), 2019 stats., a facility used for the detention of persons
17detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion
18of a county jail.
AB68-SSA1,3348 19Section 3348 . 946.42 (1) (a) 1. f. of the statutes is amended to read:
AB68-SSA1,1523,2420 946.42 (1) (a) 1. f. Constructive custody of prisoners and juveniles subject to an
21order under s. 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily
22outside the institution whether for the purpose of work, school, medical care, a leave
23granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or
24otherwise.
AB68-SSA1,3349
1Section 3349 . 946.42 (1) (a) 1. f. of the statutes, as affected by 2021 Wisconsin
2Act .... (this act), is amended to read:
AB68-SSA1,1524,73 946.42 (1) (a) 1. f. Constructive custody of prisoners and juveniles subject to an
4order under s. 938.183, 938.34 (4d) or (4m), or 938.357 (4) or (5) (e) temporarily
5outside the institution whether for the purpose of work, school, medical care, a leave
6granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or
7otherwise.
AB68-SSA1,3350 8Section 3350. 946.42 (1) (a) 2. of the statutes is amended to read:
AB68-SSA1,1524,139 946.42 (1) (a) 2. “Custody" does not include the constructive custody of a
10probationer, parolee, or person on extended supervision by the department of
11corrections or a probation, extended supervision, or parole agent or, subject to s.
12938.533 (3) (a),
the constructive custody of a person who has been released to
13community supervision or aftercare supervision under ch. 938.
AB68-SSA1,3351 14Section 3351 . 946.42 (3) (c) of the statutes is amended to read:
AB68-SSA1,1524,1715 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h), or (4m), to a
16placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or
17aftercare revocation under s. 938.357 (5) (e).
AB68-SSA1,3352 18Section 3352 . 946.42 (3) (c) of the statutes, as affected by 2021 Wisconsin Act
19.... (this act), is amended to read:
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