AB 1036

This bill makes changes to the jurisdiction of the court assigned to exercise

jurisdiction under the Juvenile Justice Code (juvenile court), the jurisdiction of the

criminal court, procedures under the Juvenile Justice Code, dispositions available

in juvenile delinquency proceedings, and out-of-home care placements.

AGE OF JUVENILE court JURISDICTION

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.

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 juvenile court. 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 bill appropriates to the Department of Children and Families a sum

sufficient for youth aids-related purposes to reimburse counties, beginning on

January 1, 2021, for costs associated with juveniles who were alleged to have violated

a state or federal criminal law or any civil law or municipal ordinance at age 17. The

bill requires DCF to consult with county representatives to determine those

expenses that are eligible for reimbursement.

AGE OF DELINQUENCY

Under current law, a child age ten or over may be adjudged delinquent by the

juvenile court for an act that would be a crime if committed by an adult. Under this

bill, a child age 13 or over may be adjudged delinquent for an act that would be a

crime if committed by an adult.

ORIGINAL ADULT COURT JURISDICTION

This bill eliminates the original jurisdiction of a court of criminal jurisdiction

over a juvenile who is alleged to have 1) committed assault or battery while placed

in a juvenile correctional facility; 2) committed first-degree or second-degree

intentional homicide or first-degree reckless homicide on or after the juvenile's tenth