Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,286,16 948.11 (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:

SB70-SSA2-SA2,613 Section 613. 948.45 (1) of the statutes is amended to read:

SB70-SSA2-SA2,286,21 948.45 (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.

SB70-SSA2-SA2,614 Section 614. 948.60 (2) (d) of the statutes is amended to read:

SB70-SSA2-SA2,287,2 948.60 (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.

SB70-SSA2-SA2,615 Section 615. 948.61 (4) of the statutes is amended to read:

SB70-SSA2-SA2,287,7 948.61 (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.

SB70-SSA2-SA2,616 Section 616. 961.455 (title) of the statutes is amended to read:

SB70-SSA2-SA2,287,10 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

SB70-SSA2-SA2,617 Section 617. 961.455 (1) of the statutes is amended to read:

SB70-SSA2-SA2,287,14 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

SB70-SSA2-SA2,618 Section 618. 961.455 (2) of the statutes is amended to read:

SB70-SSA2-SA2,287,20 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

SB70-SSA2-SA2,619 Section 619 . 961.46 of the statutes is amended to read:

SB70-SSA2-SA2,288,2 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

SB70-SSA2-SA2,620 Section 620. 961.573 (2) of the statutes is amended to read:

SB70-SSA2-SA2,288,5 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-SSA2-SA2,621 Section 621. 961.574 (2) of the statutes is amended to read:

SB70-SSA2-SA2,288,8 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-SSA2-SA2,622 Section 622. 961.575 (1) of the statutes is amended to read:

SB70-SSA2-SA2,288,13 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB70-SSA2-SA2,623 Section 623. 961.575 (2) of the statutes is amended to read:

SB70-SSA2-SA2,288,16 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-SSA2-SA2,624 Section 624. 961.575 (3) of the statutes is amended to read:

SB70-SSA2-SA2,288,20 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

SB70-SSA2-SA2,625 Section 625. 990.01 (3) of the statutes is amended to read:

SB70-SSA2-SA2,288,25 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, 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 the age of 17 years.

SB70-SSA2-SA2,626 Section 626. 990.01 (20) of the statutes is amended to read:

SB70-SSA2-SA2,289,5 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, 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, “minor" does not include a person who has attained the age of 17 years.

SB70-SSA2-SA2,9308 Section 9308. Initial applicability; Corrections.

SB70-SSA2-SA2,289,17 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (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) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and (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), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 first applies to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.

SB70-SSA2-SA2,9408 Section 9408. Effective dates; Corrections.

SB70-SSA2-SA2,290,3 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (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) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and (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), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 and Section 9308 (1) of this act take effect on January 1, 2024.”.

SB70-SSA2-SA2,290,4 270. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,290,5 “ Section 9106. Nonstatutory provisions; Children and Families.

SB70-SSA2-SA2,290,6 (1) Juvenile justice reform review committee.

SB70-SSA2-SA2,290,8 (a) There is created in the department of children and families a juvenile justice reform review committee with members appointed by the governor.

SB70-SSA2-SA2,290,11 (b) The juvenile justice reform review committee shall study and, prior to September 16, 2024, provide recommendations to the department of children and families and the department of corrections on how to do all of the following:

SB70-SSA2-SA2,290,12 1. Increase the minimum age of delinquency.

SB70-SSA2-SA2,290,13 2. Eliminate original adult court jurisdiction over juveniles under s. 938.183.

SB70-SSA2-SA2,290,16 3. Modify the waiver procedure for adult court jurisdiction over juveniles and incorporate offenses currently subject to original adult court jurisdiction into the waiver procedure.

SB70-SSA2-SA2,290,19 4. Eliminate the serious juvenile offender program under s. 938.538 and create extended juvenile court jurisdiction with a blended juvenile and adult sentence structure for certain juvenile offenders.

SB70-SSA2-SA2,290,22 5. Prohibit placement of a juvenile in a juvenile detention facility for a status offense and limit sanctions and short-term holds in a juvenile detention facility to cases where there is a public safety risk.

SB70-SSA2-SA2,290,23 6. Sunset long-term post-disposition programs at juvenile detention facilities.

SB70-SSA2-SA2,290,24 7. Create a sentence adjustment procedure for youthful offenders.

SB70-SSA2-SA2,291,2 8. Conform with the U.S. Constitution the statutes that mandate imposing sentences of life imprisonment without parole or extended supervision to minors.

SB70-SSA2-SA2,291,6 (c) In submitting information under s. 16.42 (1) for purposes of the 2025-27 biennial budget bill, the department of children and families and the department of corrections shall each include a request to implement the juvenile justice reform review committee's recommendations.

SB70-SSA2-SA2,291,8 (d) The juvenile justice reform review committee terminates on September 16, 2024.”.

SB70-SSA2-SA2,291,9 271. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,291,10 “ Section 627. 20.437 (1) (cj) of the statutes is amended to read:

SB70-SSA2-SA2,291,24 20.437 (1) (cj) Community youth and family aids. The amounts in the schedule for the improvement and provision of community-based juvenile delinquency-related services under s. 48.526 and juvenile correctional services under s. 301.26 and for reimbursement to counties having a population of less than 750,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 49.32 (2). Refunds received relating to payments made under s. 49.32 (2) shall be returned to this appropriation account. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer moneys under this paragraph between fiscal years. Except for moneys authorized to be carried forward under s. 48.526 (3) (dm) or for transfer under s. 48.526 (3) (e), all moneys from this paragraph allocated under s. 48.526 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

SB70-SSA2-SA2,628 Section 628. 20.437 (1) (cm) of the statutes is amended to read:

SB70-SSA2-SA2,292,4 20.437 (1) (cm) Community intervention program Youth justice system improvement program. The amounts in the schedule for the community intervention program youth justice system improvement program under s. 48.528.

SB70-SSA2-SA2,629 Section 629. 20.437 (1) (kp) of the statutes is created to read:

SB70-SSA2-SA2,292,9 20.437 (1) (kp) Youth aids funding for the youth justice system improvement program. All moneys transferred from the appropriation account under par. (cj), as provided under s. 48.526 (3) (e), for the youth justice system improvement program under s. 48.528.

SB70-SSA2-SA2,630 Section 630. 48.526 (3) (e) of the statutes is amended to read:

SB70-SSA2-SA2,292,19 48.526 (3) (e) The department may carry forward $500,000 or transfer to the appropriation account under s. 20.437 (1) (kp) 10 percent of its funds allocated under this subsection and not encumbered expended or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county's base allocation.

SB70-SSA2-SA2,631 Section 631. 48.526 (3) (em) of the statutes is repealed.

SB70-SSA2-SA2,632 Section 632. 48.526 (7) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,293,2 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021 2023, and ending on June 30, 2023 2025, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB70-SSA2-SA2,633 Section 633. 48.526 (7) (a) of the statutes is amended to read:

SB70-SSA2-SA2,293,7 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $47,740,750 $48,089,350 for the last 6 months of 2021 2023, $95,481,500 $96,178,700 for 2022 2024, and $47,740,750 $48,089,350 for the first 6 months of 2023 2025.

SB70-SSA2-SA2,634 Section 634. 48.526 (7) (b) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,293,12 48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2021 2023, $4,000,000 for 2022 2024, and $2,000,000 for the first 6 months of 2023 2025 to counties based on each of the following factors weighted equally:

SB70-SSA2-SA2,635 Section 635. 48.526 (7) (bm) of the statutes is amended to read:

SB70-SSA2-SA2,293,19 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2021 2023, $12,500,000 for 2022 2024, and $6,250,000 for the first 6 months of 2023 2025 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

SB70-SSA2-SA2,636 Section 636. 48.526 (7) (c) of the statutes is amended to read:

SB70-SSA2-SA2,294,3 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2021 2023, $2,106,500 for 2022 2024, and $1,053,300 for the first 6 months of 2023 2025 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB70-SSA2-SA2,637 Section 637. 48.526 (7) (e) of the statutes is repealed.

SB70-SSA2-SA2,638 Section 638. 48.526 (7) (h) of the statutes is repealed.

SB70-SSA2-SA2,639 Section 639. 48.526 (8) of the statutes is repealed.

SB70-SSA2-SA2,640 Section 640. 48.528 of the statutes is repealed and recreated to read:

SB70-SSA2-SA2,294,10 48.528 Youth justice system improvement program. From the appropriations under s. 20.437 (1) (cm) and (kp), in each fiscal year the department may expend funds for the following purposes:

SB70-SSA2-SA2,294,15 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth or promote successful outcomes for all youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

SB70-SSA2-SA2,294,17 (2) To address emergencies related to community youth and family aids under s. 48.526.

SB70-SSA2-SA2,294,18 (3) To fund activities required of the department under s. 48.526 (1).”.

SB70-SSA2-SA2,294,19 272. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,294,20 “ Section 641. 301.26 (4) (d) 2. of the statutes is amended to read:

SB70-SSA2-SA2,295,4 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2021 2023, and ending on June 30, 2022 2024, the per person daily cost assessment to counties shall be $1,154 is $1,246 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,154 $1,246 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

SB70-SSA2-SA2,642 Section 642. 301.26 (4) (d) 3. of the statutes is amended to read:

SB70-SSA2-SA2,295,17 301.26 (4) (d) 3. Beginning on July 1, 2020, and ending on December 31, 2020, the per person daily cost assessment to counties shall be $550 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost assessment to counties shall be $615 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $615 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2022 2024, and ending on June 30, 2023 2025, the per person daily cost assessment to counties shall be $1,178 is $1,268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,178 $1,268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).”.

SB70-SSA2-SA2,295,18 273. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,295,20 “ Section 643. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-SSA2-SA2,644 Section 644. 20.455 (2) (bc) of the statutes is created to read:

SB70-SSA2-SA2,296,5 20.455 (2) (bc) Grants for community policing and community prosecution programs. As a continuing appropriation, the amounts in the schedule to provide grants for community policing and community prosecution programs under s. 165.990.

SB70-SSA2-SA2,645 Section 645. 165.990 of the statutes is created to read:

SB70-SSA2-SA2,296,11 165.990 Grants for community policing and community prosecution programs. The department of justice shall award grants from the appropriation under s. 20.455 (2) (bc) to cities, villages, and towns; counties, including district attorney offices; and federally recognized American Indian tribes or bands in this state to fund community policing and community prosecution programs.”.

SB70-SSA2-SA2,296,12 274. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,296,13 “ Section 646. 756.04 (2) (b) of the statutes is amended to read: