AB 732

Under current law, a person 17 years of age or older who is alleged to have

violated a criminal law is subject to the procedures specified in the Criminal

Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,

which may include a sentence of imprisonment in the Wisconsin state prisons.

Currently, subject to certain exceptions, a person under 17 years of age who is alleged

to have violated a criminal law is subject to the procedures specified in the Juvenile

Justice Code and, on being adjudicated delinquent, is subject to an array of

dispositions under that code including placement in a juvenile correctional facility.

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.