Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on High-Risk Juvenile Offenders.

Under current law, the court of criminal jurisdiction (adult court) has original
jurisdiction over the following juveniles:

1. A juvenile who has been previously adjudicated delinquent and who is alleged
to have committed battery or assault while placed in a juvenile correctional facility,
detention facility, or secured residential care center for children and youth or to have
committed battery to a probation and parole agent or to an aftercare agent.

2. A juvenile who is alleged to have attempted or committed first-degree
intentional homicide or to have committed first-degree reckless homicide or
second-degree intentional homicide on or after the juvenile's 10th birthday.

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3. A juvenile who is alleged to have violated any state criminal law under one of
the following circumstances:

a. The juvenile has been convicted of a previous violation in adult court following
a waiver of the jurisdiction of the court assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile court).

b. The juvenile court has waived its jurisdiction over a juvenile for a previous
violation and the criminal proceedings for that violation are still pending.

c. The juvenile has been convicted of a previous violation over which the adult court
had original jurisdiction.

d. Proceedings for a violation over which the adult court has original jurisdiction
are still pending.

Under current law, the adult court also has original jurisdiction over any violation
of the Wisconsin Criminal Code that may be charged in the same complaint, or "joined",
with a violation over which the adult court already has original jurisdiction, as described
above. Two or more crimes may be charged in the same complaint if the crimes charged
are: (1) of the same or similar character; (2) based on the same act or transaction; or (3)
based on two or more acts or transactions connected together or constituting parts of a
common scheme or plan.

If certain conditions are met, a juvenile over whom the adult court has original
jurisdiction may be "reverse waived" to the juvenile court, that is, the adult court may
waive its jurisdiction over the juvenile and transfer the case to the juvenile court.

If a juvenile is under the original jurisdiction of the adult court for committing a
felony and a preliminary examination is held, the adult court must first determine
whether there is probable cause to believe that the juvenile committed the violation of
which he or she is accused under the circumstances required for the adult court to have
original jurisdiction. If the adult court does not make that finding, the adult court must
order that the juvenile be discharged, but proceedings may still be brought under the
Juvenile Justice Code.

If the adult court finds probable cause to believe that the juvenile committed the
offense under the required circumstances, the adult court must determine whether to
retain jurisdiction or to transfer jurisdiction to the juvenile court. The adult court must
retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the
following:

1. That, if convicted, the juvenile could not receive adequate treatment in the
criminal justice system.

2. That transferring jurisdiction to the juvenile court would not depreciate the
seriousness of the offense.

3. That retaining jurisdiction is not necessary to deter the juvenile or other
juveniles from committing the violation of which the juvenile is accused under the
circumstances required for the adult court to have original jurisdiction.

If the adult court transfers jurisdiction to the juvenile court, the juvenile is then
subject to the procedures and dispositions in the Juvenile Justice Code.

This bill modifies the second criterion for reverse waiver so that the juvenile must
prove that retaining jurisdiction is not necessary to protect the community because
appropriate sanctions, including an appropriate length of incarceration, are available
under the Juvenile Justice Code instead of requiring proof that transferring jurisdiction
would not depreciate the seriousness of the offense.

The bill also modifies the third criterion for reverse waiver so that the juvenile is
required to prove only that retention of jurisdiction by the adult court is not necessary to
deter the juvenile, and not other juveniles, from committing the violation of which the
juvenile is accused under the circumstances required for original adult court jurisdiction.

Finally, the bill creates a fourth criterion for reverse waiver, under which a juvenile
who is alleged to have committed battery or assault while placed in a juvenile correctional
facility, detention facility, or secured residential care center for children and youth or to

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have committed battery to a probation and parole agent or to an aftercare agent must
prove that the retention of jurisdiction by the adult court is not necessary to deter other
juveniles from committing the violation of which the juvenile is accused.