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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.
AB1036,63 18Section 63 . 938.12 (2) of the statutes is amended to read:
AB1036,30,2319 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
20alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
21becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
22the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
23an adjudication, the court retains jurisdiction over the case.
AB1036,64 24Section 64. 938.13 (12) of the statutes is amended to read:
AB1036,31,2
1938.13 (12) Delinquent act before age 10 13 . The juvenile is under 10 13 years
2of age and has committed a delinquent act.
AB1036,65 3Section 65 . 938.18 (1) (a) of the statutes is amended to read:
AB1036,31,64 938.18 (1) (a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225
5(1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.10 (2), 943.32 (2), 943.87 or 961.41 (1)
6on or after the juvenile's 14th 16th birthday.
AB1036,66 7Section 66 . 938.18 (1) (b) of the statutes is amended to read:
AB1036,31,118 938.18 (1) (b) The juvenile is alleged to have committed a violation on or after
9the juvenile's 14th 16th birthday at the request of or for the benefit of a criminal gang,
10as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961
11if committed by an adult.
AB1036,67 12Section 67 . 938.18 (1) (bm) of the statutes is created to read:
AB1036,31,1413 938.18 (1) (bm) The juvenile is alleged to have committed a violation on or after
14the juvenile's 14th birthday that would constitute a Class A or Class B felony.
AB1036,68 15Section 68 . 938.18 (1) (c) of the statutes is repealed.
AB1036,69 16Section 69 . 938.18 (2) of the statutes is amended to read:
AB1036,31,2517 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
18district attorney or the juvenile or may be initiated by the court and shall contain a
19brief statement of the facts supporting the request for waiver. The petition for waiver
20of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
21delinquency and shall be filed prior to the plea hearing, except that if the juvenile
22denies the facts of the petition and becomes 17 years of age an adult before an
23adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
24the adjudication. If the court initiates the petition for waiver of jurisdiction, the
25judge shall disqualify himself or herself from any future proceedings on the case.
AB1036,70
1Section 70. 938.183 (1) (intro.) of the statutes is amended to read:
AB1036,32,42 938.183 (1) Juveniles under adult court jurisdiction. (intro.)
3Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal
4jurisdiction have exclusive original jurisdiction over all of the following:
AB1036,71 5Section 71. 938.183 (1) (am) of the statutes is amended to read:
AB1036,32,86 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a
7violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after
8the juvenile's 10th 13th birthday.
AB1036,72 9Section 72. 938.183 (1d) of the statutes is created to read:
AB1036,32,1610 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have
11exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to
12any violation committed on or after the effective date of this subsection .... [LRB
13inserts date]. A juvenile who is alleged to have committed a violation described in
14sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is
15subject to the jurisdiction of the court assigned to exercise jurisdiction under this
16chapter as provided in s. 938.12.
AB1036,73 17Section 73 . 938.183 (3) of the statutes is amended to read:
AB1036,32,2518 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
19(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
20938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
21of corrections may place the juvenile in a state prison named in s. 302.01, except that
22that department may not place any person under the age of 18 years in the
23correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
24criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
25committed before December 31, 1999, is eligible for parole under s. 304.06.
AB1036,74
1Section 74. 938.195 (title) of the statutes is amended to read:
AB1036,33,3 2938.195 (title) Recording custodial Custodial interrogations;
3notification; recording
.
AB1036,75 4Section 75. 938.195 (1) (a) of the statutes is amended to read:
AB1036,33,135 938.195 (1) (a) “Custodial interrogation" has the meaning given in s. 968.073
6(1) (a)
means an interrogation by a law enforcement officer or an agent of a law
7enforcement agency of a juvenile who is suspected to have violated any state or
8federal criminal law from the time the juvenile is or should be informed of his or her
9rights to counsel and to remain silent until the questioning ends, during which the
10officer or agent asks a question that is reasonably likely to elicit an incriminating
11response and during which a reasonable juvenile of a similar age would believe that
12he or she is in custody or otherwise deprived of his or her freedom of action in any
13significant way
.
AB1036,76 14Section 76. 938.195 (1m) of the statutes is created to read:
AB1036,33,2115 938.195 (1m) Notification of parent, guardian, legal custodian, or Indian
16custodian.
Prior to conducting a custodial interrogation of a juvenile, the law
17enforcement agency that intends to conduct the interrogation shall provide notice of
18that intent to the juvenile's parent, guardian, legal custodian, or Indian custodian.
19No law enforcement officer or agent of a law enforcement agency may commence a
20custodial interrogation of a juvenile until the juvenile's parent, guardian, legal
21custodian, or Indian custodian has received that notice.
AB1036,77 22Section 77. 938.195 (2) (title) of the statutes is amended to read:
AB1036,33,2323 938.195 (2) (title) When recording required.
AB1036,78 24Section 78 . 938.195 (2) (a) of the statutes is amended to read:
AB1036,34,3
1938.195 (2) (a) A law enforcement agency shall make an audio or audio and
2visual recording of any custodial interrogation of a juvenile that is conducted at a
3place of detention unless a condition under s. 938.31 (3) (c) 1. to 4. or 5. applies.
AB1036,79 4Section 79 . 938.195 (2) (b) of the statutes is amended to read:
AB1036,34,85 938.195 (2) (b) If feasible, a law enforcement agency shall make an audio or
6audio and visual recording of any custodial interrogation of a juvenile that is
7conducted at a place other than a place of detention unless a condition under s. 938.31
8(3) (c) 1. to 4. or 5. applies.
AB1036,80 9Section 80. 938.195 (3) (title) of the statutes is amended to read:
AB1036,34,1010 938.195 (3) (title) Notice not required.
AB1036,81 11Section 81. 938.195 (3) of the statutes is renumbered 938.195 (3) (a) and
12amended to read:
AB1036,34,1613 938.195 (3) (a) A law enforcement officer or agent of a law enforcement agency
14conducting a custodial interrogation is not required to inform the subject of the
15interrogation that the officer or agent is making an audio or audio and visual
16recording of the interrogation.
AB1036,82 17Section 82. 938.195 (3) (b) of the statutes is created to read:
AB1036,34,2118 938.195 (3) (b) Prior to conducting a custodial interrogation of a juvenile who
19has not yet attained the age of 16, a law enforcement officer or agent of a law
20enforcement agency shall notify the juvenile that he or she is in custody for the
21purposes of an interrogation.
AB1036,83 22Section 83. 938.24 (2) (title) and (b) of the statutes are amended to read:
AB1036,34,2423 938.24 (2) (title) Multidisciplinary screens; intake conferences; preliminary
24inquiries; juvenile classification system
.
AB1036,35,3
1(b) No juvenile or other person may be compelled by an intake worker to appear
2at any conference, participate in a multidisciplinary screen or use of the juvenile
3classification system under s. 938.549
, produce any papers, or visit any place.
AB1036,84 4Section 84. 938.24 (2) (ag) and (ar) of the statutes are created to read:
AB1036,35,75 938.24 (2) (ag) As part of the intake inquiry, the intake worker shall make a
6preliminary inquiry to determine whether the juvenile is eligible for a deferred
7prosecution agreement under s. 938.245 (1g).
AB1036,35,118 (ar) As part of the intake inquiry, the intake worker, after providing notice to
9the juvenile, parent, guardian, and legal custodian, and if the juvenile has not
10refused to participate under par. (b), the intake worker shall use the juvenile
11classification system under s. 938.549.
AB1036,85 12Section 85. 938.245 (1) of the statutes is renumbered 938.245 (1d).
AB1036,86 13Section 86. 938.245 (1b) of the statutes is created to read:
AB1036,35,1514 938.245 (1b) Definition. In this section, “status offense” means a violation of
15the law that would not be a violation if committed by an adult.
AB1036,87 16Section 87. 938.245 (1g) of the statutes is created to read:
AB1036,35,2017 938.245 (1g) When required. (a) Unless an intake worker decides to close a
18case, and except as provided under par. (c) and sub. (6) (b), the intake worker shall
19enter into a written deferred prosecution agreement with all parties as provided in
20this section if all of the following apply:
AB1036,35,2421 1. The juvenile is referred because he or she is alleged to have committed a
22status offense or an act that would be a misdemeanor if committed by an adult or
23violated a civil law punishable by forfeiture or a county, town, or other municipal
24ordinance.
AB1036,35,2525 2. The juvenile has no more than 2 prior adjudications.
AB1036,36,2
13. The juvenile has no more than 3 prior unsuccessful deferred prosecution
2agreement attempts.
AB1036,36,33 4. The juvenile, parent, guardian, and legal custodian consent.
AB1036,36,64 (b) For purposes of this subsection, an adjudication or deferred prosecution
5agreement is an action based on a single episode of conduct that is closely related in
6time and is incident to an attempt or an accomplishment of a single objective.
AB1036,36,87 (c) Notwithstanding par. (a), an intake worker may refer the case to the district
8attorney if any of the following applies:
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