1997 Wisconsin Act 181

938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall make a reasonable attempt to contact any known victim or family member of a homicide victim to inform that person of the right to make a statement under subd. 1. Any failure to comply with this subdivision is not a ground for discharge of the juvenile, parent, guardian or legal custodian from fulfilling the terms and conditions of the consent decree.

181,34 Section 34 . 938.331 of the statutes is amended to read:

938.331 Court reports; effect on victim. If the delinquent act would constitute a felony if committed by an adult, the person preparing the report under s. 938.33 (1) shall attempt to determine the economic, physical and psychological effect of the delinquent act on the victim, as defined in s. 938.02 (20m) (a) 1. and 4. The person preparing the report may ask any appropriate person for information. This section does not preclude the person who prepares the report from including any information for the court concerning the impact of a delinquent act on the victim. If the delinquent act would not constitute a felony but a victim, as defined in s. 938.02 (20m) (a) 1., has suffered bodily harm or the act involved theft or damage to property, the person preparing the report is encouraged to seek the information described in this section.

181,35 Section 35. 938.335 (3m) (a) of the statutes is amended to read:

938.335 (3m) (a) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the court shall determine whether a victim of the juvenile's act wants to make a statement to the court. If a victim wants to make a statement, the court shall allow a the victim or a family member of a homicide victim to make a statement in court or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this paragraph. Any statement made under this paragraph must be relevant to the disposition.

181,36 Section 36 . 938.335 (3m) (am) of the statutes is created to read:

938.335 (3m) (am) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the court shall inquire of the district attorney or corporation counsel whether he or she has complied with par. (b) and whether he or she has complied with s. 938.27 (4m), whether any of the known victims requested notice of the date, time and place of the dispositional hearing and, if so, whether the district attorney or corporation counsel provided to the victim notice of the date, time and place of the hearing.

181,37 Section 37 . 938.335 (3m) (b) of the statutes is amended to read:

938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall make a reasonable attempt to contact any known victim or family member of a homicide victim to inform that person of the right to make a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.

181,38 Section 38 . 938.346 (1) (d) 1. of the statutes is amended to read:

938.346 (1) (d) 1. Information regarding any decision to close a case under s. 938.24 (5m), any deferred prosecution agreement under s. 938.245, any decision not to file a petition under s. 938.25 (2m), any consent decree under s. 938.32 or any dispositional order under ss. 938.34 to 938.345. The information may not include reports under s. 938.295 or 938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under s. 938.299 (1) (am).

181,39 Section 39 . 938.346 (1) (em) of the statutes is created to read:

938.346 (1) (em) The right to confer, if requested, with an intake worker regarding deferred prosecution agreements under s. 938.245 (1m) or with a district attorney or corporation counsel under s. 938.265 regarding the possible outcomes of the proceedings and under s. 938.32 (1) (am) regarding consent decrees.

181,40 Section 40 . 938.346 (1) (fm) of the statutes is created to read:

938.346 (1) (fm) All of the following:

1. The right to a separate waiting area as provided under s. 938.2965.

2. The right to have his or her interest considered concerning continuances in the case under s. 938.315 (2)

3. The right to have victim impact information included in a court report under s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under s. 938.331.

4. The right to employer intercession services under s. 950.04 (1v) (bm).

181,41 Section 41 . 938.346 (1) (h) of the statutes is created to read:

938.346 (1) (h) All of the following:

1. The right to be accompanied by a service representative, as provided under s. 895.73.

2. The right to restitution, as provided under ss. 938.245, 938.32 (1t) and 938.34 (5).

3. The right to compensation, as provided under ch. 949.

4. The right to a speedy disposition of the case under s. 950.04 (1v) (k).

5. The right to have personal property returned, as provided under s. 950.04 (1v) (s).

6. The right to complain to the department of justice concerning the treatment of crime victims, as provided under s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under s. 950.09 (2).

181,42 Section 42 . 938.346 (1m) of the statutes is amended to read:

938.346 (1m) The intake worker shall make a reasonable attempt to provide notice of the information specified in sub. (1) (a), (b) and, (c) and (h), the information specified in sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245, the information specified in sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information specified in sub. (3) if the inquiry is terminated without a deferred prosecution agreement before the filing of a petition juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information specified in sub. (1) (e), (f), (fm) and (g), the information specified in sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345, the information specified in sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.

181,43 Section 43 . 938.346 (3) of the statutes is amended to read:

938.346 (3) If an inquiry or proceeding is closed, dismissed by an intake worker or otherwise does not result in a deferred prosecution agreement, the intake worker shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in s. 938.24 (5m). If a district attorney or corporation counsel decides not to file a petition or if, after a petition is filed, a proceeding is dismissed or otherwise does not result in a consent decree or dispositional order, a district attorney or corporation counsel shall make a reasonable attempt shall be made to inform each known victim of the juvenile's alleged act that the inquiry or proceeding has been terminated as provided in s. 938.25 (2m) or 938.312, whichever is applicable.

181,44 Section 44 . 938.346 (4) of the statutes is amended to read:

938.346 (4) If the victim, as defined in s. 938.02 (20m) (a) 1., is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.

181,45 Section 45 . 938.346 (5) of the statutes is amended to read:

938.346 (5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. The Subject to subs. (1m) and (3), the policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims and with whom victims may confer regarding deferred prosecution agreements, amendment of petitions, consent decrees and disposition recommendations.

181,46 Section 46 . 938.396 (1g) of the statutes is amended to read:

938.396 (1g) If requested by the victim-witness coordinator, a law enforcement agency shall disclose to the victim-witness coordinator any information in its records relating to the enforcement of rights under the constitution, this chapter and s. 950.04 or the provision of services under s. 950.05 950.06 (1m). The victim-witness coordinator may use the information only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter and ch. 950.

181,47 Section 47 . 938.396 (1t) of the statutes is amended to read:

938.396 (1t) If a juvenile who has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the victim's insurer of the victim, as defined in s. 938.02 (20m) (a) 1., may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

181,48 Section 48 . 938.396 (2) (f) of the statutes is amended to read:

938.396 (2) (f) Upon request of the victim-witness coordinator to review court records for the purpose of enforcing rights under the constitution, this chapter and s. 950.04 and providing services under s. 950.05 950.06 (1m), the court shall open for inspection by the victim-witness coordinator the records of the court relating to the enforcement of those rights or the provision of those services. The victim-witness coordinator may use any information obtained under this paragraph only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter and ch. 950.

181,49 Section 49 . 938.396 (2) (fm) of the statutes is amended to read:

938.396 (2) (fm) Upon request of a victim's an insurer of the victim, as defined in s. 938.02 (20m) (a) 1., the court shall disclose to an authorized representative of the requester the amount of restitution, if any, that the court has ordered a juvenile to make to the victim.

181,50 Section 50 . 938.51 (1) (intro.) of the statutes is amended to read:

938.51 (1) (intro.)  At least 15 days prior to the date of release of a juvenile from a secured correctional facility or a secured child caring institution and at least 15 days prior to the release of a juvenile from the supervision of the department or a county department, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

181,51 Section 51 . 938.51 (1) (c) of the statutes is amended to read:

938.51 (1) (c) Notify, if the victim died as a result of the juvenile's delinquent act and, if the criteria under par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old and if the criteria under par. (b) are met, the victim's parent or legal guardian of the juvenile's release.

181,52 Section 52 . 938.51 (1m) of the statutes is amended to read:

938.51 (1m) The department or county department having supervision over a juvenile shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility, from a secured child caring institution or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

181,53 Section 53 . 938.51 (2) of the statutes is amended to read:

938.51 (2) The department shall design and prepare cards for any person specified in sub. (1) (b), (c) or (d) to send to the department or county department having supervision over the juvenile. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable juvenile and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b) to (d). These persons may send completed cards to the department or county department having supervision over the juvenile. All department and county department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

181,54 Section 54 . 938.51 (4) (intro.) of the statutes is amended to read:

938.51 (4) (intro.) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after the department or county department having supervision over the juvenile discovers that escape, that department or county department shall make a reasonable effort attempt to notify by telephone all of the following persons:

181,55 Section 55 . 938.51 (4) (a) of the statutes is amended to read:

938.51 (4) (a) Any known victim of the act for which the juvenile was found delinquent, if the criteria under sub. (1) (b) are met; an adult member of the victim's family, if the victim died as a result of the juvenile's delinquent act and if the criteria under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger than 18 years old and if the criteria under sub. (1) (b) are met.

181,56 Section 56 . 950.02 (1m) of the statutes is amended to read:

950.02 (1m) “Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in s. 939.12, or which, if committed by a responsible child, would constitute a delinquent act under ch. 938.

181,57 Section 57 . 950.02 (1t) of the statutes is created to read:

950.02 (1t) “Custodial agency" means any person authorized to arrest or take into actual physical custody an individual who is alleged to have committed a crime. “Custodial agency" includes a law enforcement agency, a sheriff, superintendent or other keeper of a jail and a person authorized to take custody of a juvenile under s. 938.19 or 938.20 (4).

181,58 Section 58 . 950.02 (2m) of the statutes is created to read:

950.02 (2m) “District attorney" means any of the following:

(a) The district attorney or other person authorized to prosecute a criminal case or a delinquency proceeding under ch. 938.

(b) A person designated by a person specified in par. (a) to perform the district attorney's duties under this chapter.

181,59 Section 59 . 950.02 (3m) of the statutes is created to read:

950.02 (3m) “Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

181,60 Section 60 . 950.02 (4) of the statutes is renumbered 950.02 (4) (a) (intro.) and amended to read:

950.02 (4) (a) (intro.) “Victim" means a any of the following:

1. A person against whom a crime has been committed.

181,61 Section 61 . 950.02 (4) (a) 2., 3., 4. and 5. of the statutes are created to read:

950.02 (4) (a) 2. If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.

3. If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under s. 950.04 or article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in subd. 1. or a family member of the person specified in subd. 1.

4. If a person specified in subd. 1. is deceased, any of the following:

a. A family member of the person who is deceased.

b. A person who resided with the person who is deceased.

5. If a person specified in subd. 1. has been determined to be incompetent under ch. 880, the guardian of the person appointed under ch. 880.

181,62 Section 62 . 950.02 (4) (b) of the statutes is created to read:

950.02 (4) (b) “Victim" does not include the person charged with or alleged to have committed the crime.

181,63 Section 63 . 950.04 (intro.) of the statutes is renumbered 950.04 (2w) (intro.) and amended to read:

950.04 (2w) (title) Rights of witnesses. (intro.) Victims and witnesses Witnesses of crimes have the following rights:

181,64 Section 64 . 950.04 (1) of the statutes is renumbered 950.04 (2w) (a) and amended to read:

950.04 (2w) (a) To be informed by local law enforcement agencies and request information from the district attorney of about the final disposition of the case. If the crime charged is a felony or is specified in ch. 940, the victim shall be notified whenever the defendant or perpetrator is released from custody. The victim shall be notified of a pardon application by the governor under s. 304.09 (3).

181,65 Section 65 . 950.04 (1v) of the statutes is created to read:

950.04 (1v) Rights of victims. Victims of crimes have the following rights:

(a) To have his or her interest considered when the court is deciding whether to grant a continuance in the case, as provided under ss. 938.315 (2) and 971.10 (3) (b) 3.

(b) To attend court proceedings in the case, subject to ss. 906.15 and 938.299 (1). The court may require the victim to exercise his or her right under this paragraph using telephone or live audiovisual means, if available, if the victim is under arrest, incarcerated, imprisoned or otherwise detained by any law enforcement agency or is admitted or committed on an inpatient basis to a treatment facility under ch. 51, 971 or 980, and the victim does not have a person specified in s. 950.02 (4) (a) 3. to exercise the victim's right under this paragraph.

(bm) To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employe's loss of pay and other benefits resulting from court appearances.

(c) To be accompanied by a service representative, as provided under s. 895.73.

(d) To request an order for, and to be given the results of, testing to determine the presence of a sexually transmitted disease or of any strain of human immunodeficiency virus, of antigen or nonantigen products of any strain of human immunodeficiency virus, or of an antibody of any strain of human immunodeficiency virus, as provided under ss. 938.296 or 968.38.

(e) To be provided a waiting area under ss. 938.2965 and 967.10.