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: