Amendment AA15-ASA2-AB50

AB50-ASA2-AA15,134 Section 134. 304.072 (4) of the statutes is amended to read:

AB50-ASA2-AA15,62,15 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155 and subject to earned compliance credit under s. 973.156.

AB50-ASA2-AA15,135 Section 135. 973.15 (5) of the statutes is amended to read:

AB50-ASA2-AA15,62,20 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB50-ASA2-AA15,136 Section 136. 973.156 of the statutes is created to read:

AB50-ASA2-AA15,63,2 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB50-ASA2-AA15,63,7 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation.

AB50-ASA2-AA15,63,9 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB50-ASA2-AA15,63,12 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB50-ASA2-AA15,63,15 (5) The amount of the earned compliance credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

AB50-ASA2-AA15,9108 Section 9108. Nonstatutory provisions; Corrections.

AB50-ASA2-AA15,64,5 (1) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department of corrections to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, credit under s. 973.156 shall be applied retroactively to the person. If the department of corrections is unable to determine whether credit under s. 973.156 should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.”.

AB50-ASA2-AA15,64,6 31. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,64,12 “Section 137. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA15,138 Section 138. 20.680 (4) of the statutes is created to read:

AB50-ASA2-AA15,64,16 20.680 (4) Office of the marshals of the supreme court. (a) General program operations. The amounts in the schedule for the general program operations of the office of the marshals of the supreme court.

AB50-ASA2-AA15,139 Section 139. 40.02 (17) (o) of the statutes is created to read:

AB50-ASA2-AA15,65,4 40.02 (17) (o) Notwithstanding par. (d), each participant who is a marshal of the supreme court and who is classified as a protective occupation participant shall be granted creditable service as a protective occupation participant for all covered service while a marshal of the supreme court that was earned on or after the effective date of this paragraph .... [LRB inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as an employee of the supreme court that was not as a protective occupation participant and that was earned before the effective date of this paragraph .... [LRB inserts date].

AB50-ASA2-AA15,140 Section 140. 40.02 (48) (am) 24. of the statutes is created to read:

AB50-ASA2-AA15,65,6 40.02 (48) (am) 24. A marshal of the supreme court.

AB50-ASA2-AA15,141 Section 141. 40.02 (48) (b) 6. of the statutes is created to read:

AB50-ASA2-AA15,65,11 40.02 (48) (b) 6. A “marshal of the supreme court” is an individual employed by the office of the marshals of the supreme court under s. 758.195 and whose principal duties are detecting and preventing crime and enforcing laws or ordinances of this state.

AB50-ASA2-AA15,142 Section 142. 40.02 (48) (c) of the statutes is amended to read:

AB50-ASA2-AA15,66,2 40.02 (48) (c) In s. 40.65, “protective occupation participant” means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, county jailer who is certified as a protective occupation participant, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, special agent employed by the department of revenue who is authorized to act under s. 73.031, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice, or marshal of the supreme court.

AB50-ASA2-AA15,143 Section 143. 40.65 (4y) of the statutes is created to read:

AB50-ASA2-AA15,66,8 40.65 (4y) A marshal of the supreme court under s. 758.195 who becomes a protective occupation participant on or after the effective date of this subsection .... [LRB inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [LRB inserts date].

AB50-ASA2-AA15,144 Section 144. 165.85 (2) (c) of the statutes is amended to read:

AB50-ASA2-AA15,66,15 165.85 (2) (c) “Law enforcement officer” means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer” includes a marshal of the supreme court under s. 758.195 and a university police officer, as defined in s. 175.42 (1) (b).

AB50-ASA2-AA15,145 Section 145. 758.195 of the statutes is created to read:

AB50-ASA2-AA15,66,20 758.195 Office of the marshals of the supreme court. (1) Creation. There is created the office of the marshals of the supreme court, under the direction and supervision of the chief marshal of the supreme court, which shall consist of all of the following personnel:

AB50-ASA2-AA15,66,21 (a) The chief marshal of the supreme court.

AB50-ASA2-AA15,66,22 (b) One deputy chief marshal of the supreme court.

AB50-ASA2-AA15,66,23 (c) Deputy marshals of the supreme court.

AB50-ASA2-AA15,67,1 (d) Administrative support personnel.

AB50-ASA2-AA15,67,3 (2) Law enforcement authority. (a) The office of the marshals of the supreme court is a law enforcement agency, as defined in s. 165.85 (2) (bv).

AB50-ASA2-AA15,67,10 (b) Marshals of the supreme court are law enforcement officers, are employed for the purpose of detecting and preventing crime and enforcing laws or ordinances, and are authorized to make arrests for violations of the laws or ordinances of this state. Marshals of the supreme court shall meet the requirements of s. 165.85 (4) (a) 2. and 7. a., and shall agree to accept the duties of a law enforcement officer under the laws of this state. Marshals of the supreme court shall have statewide jurisdiction.

AB50-ASA2-AA15,67,17 (c) Marshals of the supreme court shall have concurrent police power with other authorized peace officers over any jurisdiction in which the marshal performs his or her duties. Such concurrent police authority may not be construed to reduce or lessen the authority of the police power of the community or communities in which a marshal may perform his or her duties. Marshals of the supreme court shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities.

AB50-ASA2-AA15,67,21 (d) Marshals of the supreme court shall meet the requirements established by the law enforcement standards board for officer certification, police pursuit, recruitment, and firearms training and comply with any other statutory requirements applicable to a law enforcement agency.

AB50-ASA2-AA15,68,4 (3) Powers. The office of the marshals of the supreme court may provide police services to the state court system, with statewide jurisdiction; provide protective services for the supreme court justices and their offices; provide security assessments for the justices, judges, and facilities of the state court system; and provide safety and security support services and advanced security planning for circuit court proceedings.

AB50-ASA2-AA15,146 Section 146. 939.22 (22) of the statutes is amended to read:

AB50-ASA2-AA15,68,10 939.22 (22) “Peace officer” means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. “Peace officer” includes a commission warden, a marshal of the supreme court under s. 758.195, and a university police officer, as defined in s. 175.42 (1) (b).

AB50-ASA2-AA15,9141 Section 9141. Nonstatutory provisions; Supreme Court.

AB50-ASA2-AA15,68,15 (1) Office of the marshals of the supreme court. The authorized FTE positions for the supreme court are increased by 8.0 GPR law enforcement officer positions and 0.4 GPR civilian support staff position, to be funded from the appropriation under s. 20.680 (4) (a).”.

AB50-ASA2-AA15,68,16 32. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,68,17 “Section 147. 20.437 (1) (cL) of the statutes is created to read:

AB50-ASA2-AA15,68,19 20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for the purposes under s. 48.5275.

AB50-ASA2-AA15,148 Section 148. 48.02 (1d) of the statutes is amended to read:

AB50-ASA2-AA15,69,2 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.

AB50-ASA2-AA15,149 Section 149. 48.02 (2) of the statutes is amended to read:

AB50-ASA2-AA15,69,8 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.

AB50-ASA2-AA15,150 Section 150. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB50-ASA2-AA15,69,11 CHAPTER 48

AB50-ASA2-AA15,69,14 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

AB50-ASA2-AA15,151 Section 151. 48.44 of the statutes is amended to read:

AB50-ASA2-AA15,69,19 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.

AB50-ASA2-AA15,152 Section 152. 48.45 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA15,70,5 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.

AB50-ASA2-AA15,153 Section 153. 48.45 (1) (am) of the statutes is amended to read:

AB50-ASA2-AA15,70,13 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.

AB50-ASA2-AA15,154 Section 154. 48.45 (3) of the statutes is amended to read:

AB50-ASA2-AA15,70,20 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.

AB50-ASA2-AA15,155 Section 155. 48.5275 of the statutes is created to read:

AB50-ASA2-AA15,71,3 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, 2026, 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.

AB50-ASA2-AA15,156 Section 156. 118.163 (4) of the statutes is amended to read:

AB50-ASA2-AA15,71,6 118.163 (4) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.342.

AB50-ASA2-AA15,157 Section 157. 125.07 (4) (d) of the statutes is amended to read:

AB50-ASA2-AA15,71,11 125.07 (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).

AB50-ASA2-AA15,158 Section 158. 125.07 (4) (e) 1. of the statutes is amended to read:

AB50-ASA2-AA15,71,14 125.07 (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.

AB50-ASA2-AA15,159 Section 159. 125.085 (3) (bt) of the statutes is amended to read:

AB50-ASA2-AA15,71,19 125.085 (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).

AB50-ASA2-AA15,160 Section 160. 165.83 (1) (c) 1. of the statutes is amended to read:

AB50-ASA2-AA15,71,22 165.83 (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.

AB50-ASA2-AA15,161 Section 161. 165.83 (1) (c) 2. of the statutes is amended to read:

AB50-ASA2-AA15,72,3 165.83 (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.

AB50-ASA2-AA15,162 Section 162. 301.12 (2m) of the statutes is amended to read:

AB50-ASA2-AA15,72,7 301.12 (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.

AB50-ASA2-AA15,163 Section 163. 301.12 (14) (a) of the statutes is amended to read:

AB50-ASA2-AA15,72,20 301.12 (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.

AB50-ASA2-AA15,164 Section 164. 302.31 (7) of the statutes is amended to read:

AB50-ASA2-AA15,73,4 302.31 (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).

AB50-ASA2-AA15,165 Section 165. 938.02 (1) of the statutes is amended to read:

AB50-ASA2-AA15,73,9 938.02 (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.

AB50-ASA2-AA15,166 Section 166. 938.02 (10m) of the statutes is amended to read:

AB50-ASA2-AA15,73,15 938.02 (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.