SB 308

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, if the person is not alleged

to have committed certain violent offenses and has not previously been convicted of

a crime or adjudicated delinquent. The bill, however, does not affect the age at which

a person who is alleged to have committed certain violent offenses or who has

previously been convicted of a crime or adjudicated delinquent is subject to those

procedures and that sentencing.

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, if the person has not previously

been convicted of a crime or adjudicated delinquent. The bill, however, does not affect

the age at which a person who has previously been convicted of a crime or adjudicated

delinquent is subject to that jurisdiction and those procedures.