This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB1036,21,2213 48.645 (1) (a) The child person is living in a foster home licensed under s. 48.62
14if a license is required under that section, in a foster home located within the
15boundaries of a reservation in this state and licensed by the tribal governing body
16of the reservation, in a group home licensed under s. 48.625, in a subsidized
17guardianship home under s. 48.623, in a residential care center for children and
18youth licensed under s. 48.60, with a parent in a qualifying residential family-based
19treatment facility, or in a supervised independent living arrangement and has been
20placed in that home, center, or arrangement by a county department under s. 46.215,
2146.22, or 46.23, by the department, or by a governing body of an Indian tribe in this
22state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB1036,38 23Section 38. 48.645 (1) (b) of the statutes is amended to read:
AB1036,21,2424 48.645 (1) (b) The child person would qualify for aid under s. 49.19, 1993 stats.
AB1036,39 25Section 39. 48.645 (1) (c) of the statutes is created to read:
AB1036,22,8
148.645 (1) (c) The person, if 18 years of age or over, is a full-time student at a
2secondary school or its vocational or technical equivalent and is reasonably expected
3to complete the program before attaining 21 years of age; is enrolled in an institution
4that provides postsecondary or vocational education; is participating in a program
5or activity designed to promote, or remove barriers to, employment; is employed for
6at least 80 hours per month; or is incapable of doing any of those activities due to a
7medical condition, which incapacity is supported by regularly updated information
8in the person's permanency plan.
AB1036,40 9Section 40. 48.685 (1) (bm) of the statutes is amended to read:
AB1036,22,1410 48.685 (1) (bm) “Nonclient resident" means a person, including a person who
11is under 18 years of age, but not under 10 13 years of age, who resides, or is expected
12to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a
13client of the entity or caregiver, and who has, or is expected to have, regular, direct
14contact with clients of the entity or caregiver.
AB1036,41 15Section 41. 48.686 (1) (bm) of the statutes, as affected by 2019 Wisconsin Act
169
, is amended to read:
AB1036,22,1917 48.686 (1) (bm) “Household member" means a person who is age 10 13 or older,
18who resides, or is expected to reside, at a child care program, and who is not a client
19of the child care program or caregiver.
AB1036,42 20Section 42. 48.975 (3m) (intro.) of the statutes is amended to read:
AB1036,22,2221 48.975 (3m) Duration. (intro.) The adoption assistance may be continued after
22until the adoptee attains 18 21 years of age if any all of the following applies apply:
AB1036,43 23Section 43. 48.975 (3m) (a) of the statutes is amended to read:
AB1036,23,624 48.975 (3m) (a) The adoptee is under 19 years of age, is a full-time student at
25a secondary school or its vocational or technical equivalent, and is reasonably

1expected to complete the program before reaching 19 attaining 21 years of age; is
2enrolled in an institution that provides postsecondary or vocational education; is
3participating in a program or activity designed to promote, or remove barriers to,
4employment; is employed for at least 80 hours per month; or is incapable of doing any
5of those activities due to a medical condition, which incapacity is supported by
6regularly updated information in the adoptee's permanency plan
.
AB1036,44 7Section 44. 48.975 (3m) (b) of the statutes is repealed.
AB1036,45 8Section 45. 48.975 (3m) (c) of the statutes is amended to read:
AB1036,23,139 48.975 (3m) (c) The adoptee is under 21 years of age, is a full-time student at
10a secondary school or its vocational or technical equivalent, an individualized
11education program under s. 115.787 is in effect for the adoptee, and the
adoption
12assistance agreement for the adoptee became effective on or after the date on which
13the adoptee attained 16 years of age.
AB1036,46 14Section 46 . 118.163 (4) of the statutes is amended to read:
AB1036,23,1615 118.163 (4) A person who is under 17 years of age a minor on the date of
16disposition is subject to s. 938.342.
AB1036,47 17Section 47 . 118.256 of the statutes is created to read:
AB1036,23,18 18118.256 Responses to school-based behavior. (1) In this section:
AB1036,23,1919 (a) “Court” means the court assigned to exercise jurisdiction under ch. 938.
AB1036,23,2120 (b) “Evidence-based intervention” means a program or practice to which any
21of the following applies:
AB1036,23,2322 1. It has had multiple randomized control studies or a meta-analysis
23demonstrating that the program or practice is effective for a specific population.
AB1036,23,2424 2. It has been rated as effective by a standardized program evaluation tool.
AB1036,23,2525 3. It has been approved by the state superintendent.
AB1036,24,2
1(c) “Restorative justice program” means a program used or adopted by a school
2district that is designed to do all of the following:
AB1036,24,43 1. Enhance school safety, reduce school suspensions, and limit referrals to
4court.
AB1036,24,65 2. Help pupils take responsibility for and repair the harm of behavior that
6occurs in school.
AB1036,24,97 (d) “School-related offense” means habitual truancy or any of the following
8committed by a minor pupil on the property of the public school in which the minor
9pupil is enrolled during a school day or during a school-sponsored activity:
AB1036,24,1110 1. An offense that would be a misdemeanor, other than a violent misdemeanor,
11as defined in s. 941.29 (1g) (b), if committed by an adult.
AB1036,24,1212 2. A violation of a civil law punishable by forfeiture.
AB1036,24,1313 3. A violation of a county, town, or other municipal ordinance.
AB1036,24,1414 4. A status offense.
AB1036,24,1615 (e) “School resource officer” means a law enforcement officer who is all of the
16following:
AB1036,24,1717 1. Trained in school-based policing and crisis response.
AB1036,24,1918 2. Employed and assigned by a law enforcement agency to work in a public
19school using a community-oriented policing approach.
AB1036,24,2120 (f) “School-sponsored activity” means an activity or event that is authorized
21by a school district and satisfies at least one of the following:
AB1036,24,2222 1. The activity or event is managed or supervised by a school district employee.
AB1036,24,2423 2. The activity or event uses school district facilities, equipment, or other school
24district resources.
AB1036,25,2
13. The school district provides substantial financial support for the activity or
2event.
AB1036,25,43 (g) “Status offense” means a violation of the law that would not be a violation
4if committed by an adult.
AB1036,25,7 5(2) (a) Except as provided in sub. (5), neither a school district employee nor a
6school resource officer may refer a minor pupil to a law enforcement agency for an
7alleged school-related offense.
AB1036,25,98 (b) For an alleged school-related offense, a school district employee or a school
9resource officer may refer a minor pupil to any of the following:
AB1036,25,1010 1. A restorative justice program.
AB1036,25,1211 2. An evidence-based intervention developed or adopted by the school district
12or county.
AB1036,25,14 13(3) Notwithstanding sub. (2), a school resource officer may do all of the
14following:
AB1036,25,1515 (a) Transport a minor pupil to a location as permitted by law.
AB1036,25,1616 (b) Take temporary custody of a minor as permitted by law.
AB1036,25,18 17(4) A minor pupil may be referred to an alternative intervention under sub. (2)
18(b) instead of to court or to a law enforcement agency if any of the following applies:
AB1036,25,2219 (a) A school district employee or school resource officer has cause to believe that
20the minor pupil committed a violation that would be a Class A or Class B
21misdemeanor if committed by an adult on the property of the public school in which
22the minor pupil is enrolled during a school day or during a school-sponsored activity.
AB1036,25,2523 (b) A law enforcement officer has reason to believe that a minor pupil
24committed a violation of law on the property of the public school in which the minor
25pupil is enrolled but not during the school day or during a school-sponsored event.
AB1036,26,3
1(5) (a) Subject to pars. (b) and (c), a school district employee may refer a minor
2pupil to court for an alleged school-related offense if the minor pupil refuses to
3participate in an alternative intervention described under sub. (2) (b).
AB1036,26,74 (b) If a minor pupil is referred to court under par. (a), the school district shall
5appoint a school representative to continue to engage with the minor pupil and the
6minor pupil's family through the court process. The representative appointed under
7this paragraph may not be a school resource officer.
AB1036,26,98 (c) A school district employee shall include all of the following in its referral to
9the court:
AB1036,26,1010 1. Attendance records for the pupil.
AB1036,26,1211 2. A report of alternative interventions offered to the pupil before referral to
12the court, including any outcomes.
AB1036,26,1513 3. The name and contact information of the representative assigned by the
14school district to participate in the court process with the minor and the minor's
15family.
AB1036,26,1616 4. Any other information the school district considers relevant to the referral.
AB1036,26,1817 (d) A minor pupil who is referred to court under par. (a) may not be held in
18secured custody.
AB1036,48 19Section 48 . 119.04 (1) of the statutes, as affected by 2019 Wisconsin Act 83,
20is amended to read:
AB1036,27,821 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2266.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
23115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
24118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125
25to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,

1118.19, 118.196, 118.20, 118.223, 118.225, 118.256, 118.24 (1), (2) (c) to (f), (6), (8), and
2(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43,
3118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15)
4to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
5(37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a
61st class city school district and board but not, unless explicitly provided in this
7chapter or in the terms of a contract, to the commissioner or to any school transferred
8to an opportunity schools and partnership program.
AB1036,49 9Section 49 . 125.07 (4) (d) of the statutes is amended to read:
AB1036,27,1310 125.07 (4) (d) A person who is under 17 years of age a minor on the date of
11disposition is subject to s. 938.344 unless proceedings have been instituted against
12the person in a court of civil or criminal jurisdiction after dismissal of the citation
13under s. 938.344 (3).
AB1036,50 14Section 50 . 125.07 (4) (e) 1. of the statutes is amended to read:
AB1036,27,1615 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty
16of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.
AB1036,51 17Section 51 . 125.085 (3) (bt) of the statutes is amended to read:
AB1036,27,2118 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of
19disposition is subject to s. 938.344 unless proceedings have been instituted against
20the person in a court of civil or criminal jurisdiction after dismissal of the citation
21under s. 938.344 (3).
AB1036,52 22Section 52 . 165.83 (1) (c) 1. of the statutes is amended to read:
AB1036,27,2423 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
24of 17
an adult and that is a felony or a misdemeanor.
AB1036,53 25Section 53 . 165.83 (1) (c) 2. of the statutes is amended to read:
AB1036,28,3
1165.83 (1) (c) 2. An act that is committed by a person minor who has attained
2the age of 10 but who has not attained the age of 17 and that would be a felony or
3misdemeanor if committed by an adult.
AB1036,54 4Section 54 . 301.12 (2m) of the statutes is amended to read:
AB1036,28,75 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
6older
adults receiving care, maintenance, services, and supplies provided by prisons
7named in s. 302.01.
AB1036,55 8Section 55 . 301.12 (14) (a) of the statutes is amended to read:
AB1036,28,199 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
10specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
11years of age
minors in residential, nonmedical facilities such as group homes, foster
12homes, residential care centers for children and youth, and juvenile correctional
13institutions is determined in accordance with the cost-based fee established under
14s. 301.03 (18). The department shall bill the liable person up to any amount of
15liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
16benefits, subject to rules that include formulas governing ability to pay promulgated
17by the department under s. 301.03 (18). Any liability of the resident not payable by
18any other person terminates when the resident reaches age 17 becomes an adult,
19unless the liable person has prevented payment by any act or omission.
AB1036,56 20Section 56. 301.26 (4) (cm) 1. of the statutes is amended to read:
AB1036,29,1021 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b), and (bm), the department
22shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the
23appropriations under s. 20.410 (3) (hm), (ho), and (hr) for the purpose of reimbursing
24juvenile correctional facilities, secured residential care centers for children and
25youth, alternate care providers, and community supervision providers for costs

1incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over
2who has been placed in a juvenile correctional facility based on a delinquent act that
3is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36,
41999 stats., or s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31,
5941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1),
6or 948.30 (2), that is a conspiracy to commit any of those violations, or that is an
7attempted violation of s. 943.32 (2) and for the care of any juvenile 10 13 years of age
8or over who has been placed in a juvenile correctional facility or secured residential
9care center for children and youth for attempting or committing a violation of s.
10940.01 or for committing a violation of s. 940.02 or 940.05.
AB1036,57 11Section 57 . 302.31 (7) of the statutes is amended to read:
AB1036,29,1712 302.31 (7) The temporary placement of persons in the custody of the
13department, other than persons under 17 years of age minors, and persons who have
14attained the age of 17 years but have not attained
adults under the age of 25 years
15who are under the supervision of the department under s. 938.355 (4) and who have
16been taken into custody pending revocation of community supervision or aftercare
17supervision under s. 938.357 (5) (e).
AB1036,58 18Section 58 . 938.02 (1) of the statutes is amended to read:
AB1036,29,2219 938.02 (1) “Adult" means a person who is 18 years of age or older, except that
20for purposes of investigating or prosecuting a person who is alleged to have violated
21any state or federal criminal law or any civil law or municipal ordinance, “ adult"

22means a person who has attained 17 years of age.
AB1036,59 23Section 59. 938.02 (3m) of the statutes is amended to read:
AB1036,30,224 938.02 (3m) “Delinquent" means a juvenile who is 10 13 years of age or older
25who has violated any state or federal criminal law, except as provided in ss. 938.17,

1938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01
2(1), as specified in s. 938.355 (6g).
AB1036,60 3Section 60 . 938.02 (10m) of the statutes is amended to read:
AB1036,30,84 938.02 (10m) “Juvenile," when used without further qualification, means a
5person who is less than 18 years of age, except that for purposes of investigating or
6prosecuting a person who is alleged to have violated a state or federal criminal law
7or any civil law or municipal ordinance, “juvenile" does not include a person who has
8attained 17 years of age
.
AB1036,61 9Section 61. 938.067 (6m) of the statutes is amended to read:
AB1036,30,1310 938.067 (6m) Multidisciplinary Juvenile classification system and
11multidisciplinary
screen. Conduct the multidisciplinary screen Subject to s. 938.24
12(2) (b), conduct the juvenile classification system under s. 938.549 and,
in counties
13that have a pilot program under s. 938.547, conduct the multidisciplinary screen.
AB1036,62 14Section 62. 938.12 (1) of the statutes is amended to read:
AB1036,30,1715 938.12 (1) In general. The court has exclusive jurisdiction, except as provided
16in ss. 938.17, 938.18, and 938.183, over any juvenile 10 13 years of age or older who
17is alleged to be delinquent.
Loading...
Loading...