The age at which a person who is alleged to have violated a criminal law, a civil law, or a municipal ordinance is subject to circuit court or municipal court jurisdiction rather than juvenile court jurisdiction; creating a community youth and family aids surcharge; authorizing the Department of Corrections to set the youth aids daily rates for care of a juvenile in a juvenile correctional facility or a treatment facility; providing an exemption from rule-making procedures; and making an appropriation

This bill raises from 17 to 18 the age at which a person who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, to sentencing under the Criminal Code. The change is effective on July 1, 2010, for a person who is alleged to have committed a misdemeanor and on July 1, 2011, for a person who's alleged to have committed a felony. The bill also provides that if between July 1, 2010, and June 30, 2011, a person 17 years of age is alleged to have committed a violation of a criminal law, the person is subject to the procedures specified in the Juvenile Justice Code until such time as the person is charged with a felony for committing that violation. If the person is charged with a felony, from that point the person is subject to the procedures specified in the Criminal Procedure Code and, on conviction, is subject to sentencing under the Criminal Code. If the person is charged with a misdemeanor, the person remains subject to the procedures specified in the Juvenile Justice Code and, on being adjudicated delinquent, to a disposition under that code.

Similarly, under current law, a person 17 years of age or older who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court, while a person under 17 years of age who is alleged to have violated a civil law or municipal ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This bill raises from 17 to 18 the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court. The change is effective on July 1, 2010.

Under current law relating to community youth and family aids, generally referred to as "youth aids," the Department of Corrections (DOC) must allocate various state and federal moneys to counties to pay for state-provided juvenile correctional services and local delinquency-related and juvenile justice services.

DOC charges counties for the cost of services provided by DOC according to per person daily cost assessments specified in the statutes. Currently, those assessments include assessments of $275 for care in a juvenile correctional facility or a treatment facility.

This bill eliminates those statutorily set assessments and instead directs DOC to set those assessments at least annually. The bill permits DOC to set one assessment for short-term placements of 30 days or less and another assessment for long-term placements of more than 30 days and permits DOC to adjust those assessments more frequently than annually as necessary to reflect the per person average daily cost of providing that care. The bill requires DOC to submit a plan for the implementation of a proposed assessment to the cochairpersons of the Joint Committee on Finance (JCF). If the proposed assessment involves an increase in the current assessment, DOC may also submit with the plan a request for supplemental funds to provide increased youth aids funding to counties to cover any increased charges expected under the proposed assessment. If the cochairpersons of JCF do not notify DOC that JCF has scheduled a meeting for the purpose of reviewing the plan and request for supplemental funds within 14 working days after submission of that plan and request to JCF, the plan and supplement are approved. If, within 14 working days after submission of the plan and request, the cochairpersons of JCF notify DOC that JCF has scheduled a meeting for the purpose of reviewing that plan and request, the plan may be implemented and the supplement may occur only as approved, or modified and approved, by JCF. The bill requires DOC to publish the assessment in the Wisconsin Administrative Register and exempts DOC from having to publish the assessment as a rule.

Under current law, when a court imposes a fine or forfeiture in certain actions, the court must also impose certain surcharges in addition to the fine or forfeiture, plus costs and fees, imposed. This bill requires a court to impose a community youth and family aids surcharge (youth aids surcharge) in the amount of $14 when the court imposes a forfeiture for a traffic violation. Youth aids surcharges must be transmitted to the secretary of administration, deposited into the general fund, and credited to an appropriation account of DOC, which must allocate those youth aids surcharges to counties for state-provided juvenile correctional services and local delinquency-related and juvenile justice services.

Finally, the bill increases the authorized full-time equivalent positions for the circuit courts by two reserve judge positions, to be funded from general purpose revenues, to provide two additional reserve judges for proceedings under the Juvenile Justice Code.