AB130-SSA1-SA14,4,15
14"
Section 256m. 48.34 (9) (a), (b) and (c) of the statutes are renumbered 48.345
15(9) (a), (b) and (c).
AB130-SSA1-SA14,4,2018
48.345
(9) (d) Under this subsection, a court may not order a child who is 12
19or 13 years of age to perform more than 40 total hours of community service work
,
20except as provided in subs. (7m) and (7r).".
AB130-SSA1-SA14,4,23
22"
Section 276m. 48.345 (2) of the statutes is renumbered 48.345 (16) and
23amended to read:
AB130-SSA1-SA14,5,7
148.345
(16) If the judge finds that a child is in need of protection or services
2based on the fact that the child is a school dropout, as defined in s. 118.153 (1) (b),
3or based on habitual truancy, and the judge also finds that the reason the child has
4dropped out of school or is a habitual truant is a result of the child's intentional
5refusal to attend school rather than the failure of any other person to comply with
6s. 118.15 (1) (a), the judge, instead of or in addition to any other disposition imposed
7under
sub. (1) this section, may enter an order permitted under s.
48.342 938.342.".
AB130-SSA1-SA14,6,710
48.355
(6m) Sanctions for violation of order: habitual truancy. (a) If a child
11who has been found in need of protection or services based on habitual truancy from
12school violates a condition specified under sub. (2) (b) 7., the court may order as a
13sanction any combination of the operating privilege suspension specified in this
14paragraph and the dispositions specified in s. 938.342 (1) (b) to (f) and (1m),
15regardless of whether the disposition was imposed in the order violated by the child,
16if at the dispositional hearing under s. 48.335 the court explained that condition to
17the child and informed the child of the possible sanctions under this paragraph for
18a violation or if before the violation the child has acknowledged in writing that he or
19she has read, or has had read to him or her, that condition and those possible
20sanctions and that he or she understands that condition and those possible
21sanctions. The court may order as a sanction suspension of the child's operating
22privilege, as defined under s. 340.01 (40), for not more than one year. If the child does
23not hold a valid operator's license under ch. 343, other than an instruction permit
24under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued
1under this paragraph, the court may order the suspension to begin on the date that
2the operator's license would otherwise be reinstated or issued after the child applies
3and qualifies for issuance or 2 years after the date of the order issued under this
4paragraph, whichever occurs first. If the court suspends an operating privilege
5under this paragraph, it shall immediately take possession of the suspended license
6and forward it to the department of transportation with a notice stating the reason
7for and the duration of the suspension.
AB130-SSA1-SA14,6,158
(b) A motion for the imposition of a sanction under par. (a) may be brought by
9the person or agency primarily responsible for providing dispositional services to the
10child, the administrator of the school district in which the child is enrolled or resides,
11the district attorney, the corporation counsel or the court that entered the
12dispositional order. If the court initiates the motion, that court is disqualified from
13holding a hearing on the motion. Notice of the motion shall be given to the child,
14guardian ad litem, counsel, parent, guardian, legal custodian and all parties present
15at the original dispositional hearing.
AB130-SSA1-SA14,6,1816
(c) Before imposing a sanction under par. (a), the court shall hold a hearing at
17which the child is entitled to be represented by legal counsel and to present evidence.
18The hearing shall be held within 15 days after the filing of a motion under par. (b).".
AB130-SSA1-SA14,7,5
151.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
2take a child into custody under ch. 48
or 938 may take an individual into custody if
3the officer or person has cause to believe that such individual is mentally ill, drug
4dependent or developmentally disabled, and that the individual evidences any of the
5following:
AB130-SSA1-SA14,7,167
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
8individuals as manifested by evidence of recent homicidal or other violent behavior,
9or by evidence that others are placed in reasonable fear of violent behavior and
10serious physical harm to them, as evidenced by a recent overt act, attempt or threat
11to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
12order under s.
48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising
13jurisdiction under
ch. chs. 48
and 938 that the child committed the act or acts alleged
14in the petition under s.
48.12 or 48.13 (12) 938.12 or 938.13 (12) may be used to prove
15that the child exhibited recent homicidal or other violent behavior or committed a
16recent overt act, attempt or threat to do serious physical harm.".
AB130-SSA1-SA14,8,220
102.07
(13) A child performing uncompensated community service work as a
21result of an informal disposition under s. 48.245,
a deferred prosecution agreement
22under s. 938.245, a consent decree under s. 48.32
or 938.32 or an order under s.
48.34
23(9) 48.345 (9) or 938.34 (5g) is an employe of the county in which the court ordering
1the community service work is located. No compensation may be paid to that
2employe for temporary disability during the healing period.".
AB130-SSA1-SA14,8,107
118.16
(4) (e) Except as provided under s. 119.55, a school board may establish
8one or more youth service centers for the counseling of children who are taken into
9custody under s. 48.19 (1) (d)
9. or 10. for being absent from school without an
10acceptable excuse under s. 118.15.
AB130-SSA1-SA14,8,1912
118.16
(5) (intro.)
Prior to
Except as provided in sub. (5m), before any
13proceeding being brought against a child under s. 48.13 (6)
for habitual truancy or
14under s. 938.125 (2) or 938.17 (2) for a violation of an ordinance under s. 118.163 (2) 15or against the child's parent or guardian under s. 118.15
for failure to cause the child
16to attend school regularly, the school attendance officer shall provide evidence that
17appropriate school personnel in the school or school district in which the child is
18enrolled have, within the school year during which the truancy occurred
, done all of
19the following:".
AB130-SSA1-SA14,9,523
118.16
(6) Following receipt of If the school attendance officer receives evidence
24that activities under sub. (5) have been completed
or were not completed due to the
1child's absence from school as provided in sub. (5m), the school attendance officer
2may file information on any child who continues to be truant with the court assigned
3to exercise jurisdiction under
ch. chs. 48
and 938 in accordance with s. 48.24. Filing
4information on a child under this subsection does not preclude concurrent
5prosecution of the child's parent or guardian under s. 118.15 (5).".
AB130-SSA1-SA14,9,229
120.12
(18) Continuity of educational programming. Coordinate and provide
10for continuity of educational programming for pupils receiving educational services
11as the result of a court order under s.
48.34 (12)
48.345 (12) or 938.34 (7d), including
12but not limited to providing a
written report to the court assigned to exercise
13jurisdiction under
ch. chs. 48
and 938 and the agency which is required to submit an
14educational plan for a child under s. 48.33
(1) (e) or 938.33 (1) (e). The
written report
15shall describe the child's educational status and make recommendations regarding
16educational programming for the child. The
written
report shall be in writing, except
17that if the educational plan under s. 48.33 (1) (e) or 938.33 (1) (e) is presented orally
18at the dispositional hearing the report may be presented orally to the court assigned
19to exercise jurisdiction under chs. 48 and 938 and the agency at the dispositional
20hearing. If written, the report shall be provided to the court assigned to exercise
21jurisdiction under
ch. chs. 48
and 938 and the agency at least 3 days before the date
22of the child's dispositional hearing.".
AB130-SSA1-SA14,10,6
4"8. The juvenile has violated a civil law or a local ordinance punishable by a
5forfeiture, except that in that case the juvenile shall be released immediately under
6s. 938.20 (2) (ag) or as soon as reasonably possible under s. 938.20 (2) (b) to (d).".
AB130-SSA1-SA14,10,11
8"
938.20 Release or delivery from custody. (2) (ag) Except as provided in
9pars. (b) to (d), a person taking a juvenile into custody shall make every effort to
10release the juvenile immediately to the juvenile's parent, guardian or legal
11custodian.".
AB130-SSA1-SA14,11,2
15"
(3) If the juvenile is released under sub. (2) (b) to (d), the person who took the
16juvenile into custody shall immediately notify the juvenile's parent, guardian and
17legal custodian of the time and circumstances of the release and the person, if any,
18to whom the juvenile was released. If the juvenile is not released under sub. (2), the
19person who took the juvenile into custody shall arrange in a manner determined by
20the court and law enforcement agencies for the juvenile to be interviewed by the
21intake worker under s. 938.067 (2), and shall make a statement in writing with
22supporting facts of the reasons why the juvenile was taken into physical custody and
23shall give any juvenile 10 years of age or older a copy of the statement in addition to
1giving a copy to the intake worker. When the intake interview is not done in person,
2the report may be read to the intake worker.".
AB130-SSA1-SA14,11,6
4"
(2) Proceedings concerning delinquent juveniles. Proceedings concerning
5a juvenile who comes within the jurisdiction of the court under s. 938.12 shall be
6conducted according to this subsection.".
AB130-SSA1-SA14,11,12
10"
938.243 Basic rights: duty of intake worker. (1) Before conferring with
11the juvenile during the intake inquiry, the intake worker shall personally inform a
12juvenile alleged to have committed a delinquent act of all of the following:".
AB130-SSA1-SA14,11,15
14"(c) The right to remain silent and the fact that in a delinquency proceeding the
15silence of the juvenile shall not be adversely considered by the court.
AB130-SSA1-SA14,11,1716
(d) The right to confront and cross-examine those appearing against him or
17her.".
AB130-SSA1-SA14,11,20
19"(h) The right to have the allegations of the petition proved beyond a reasonable
20doubt.".
AB130-SSA1-SA14,12,3
22"
(3) If the juvenile has not had a hearing under s. 938.21 and was not present
23at an intake conference under s. 938.24, the intake worker shall inform the juvenile
24of his or her basic rights under this section. This notice shall be given verbally, either
1in person or by telephone, and in writing. This notice shall be given so as to allow
2the juvenile sufficient time to prepare for the plea hearing. This subsection does not
3apply to cases of deferred prosecution under s. 938.245.".
AB130-SSA1-SA14,12,11
7"(e) If the juvenile is alleged to come within the provisions of s. 938.13 (14) or
8938.14, reliable and credible information which forms the basis of the allegations
9necessary to invoke the jurisdiction of the court and to provide reasonable notice of
10the conduct or circumstances to be considered by the court together with a statement
11that the juvenile is in need of supervision, services, care or rehabilitation.".
AB130-SSA1-SA14,12,22
13"
(3) The court shall also notify, under s. 938.273, the juvenile and any parent,
14guardian and legal custodian of the juvenile of all hearings involving the juvenile
15under this subchapter, except hearings on motions for which notice need only be
16provided to the juvenile and his or her counsel. Where parents entitled to notice have
17the same place of residence, notice to one shall constitute notice to the other. The first
18notice to any interested party shall be written and have a copy of the petition
19attached to it. Thereafter, notice of hearings may be given by telephone at least 72
20hours before the time of the hearing. The person giving telephone notice shall place
21in the case file a signed statement of the time notice was given and the person to
22whom he or she spoke.".
AB130-SSA1-SA14,13,6
2"
938.31 Fact-finding hearing. (1) In this section, "fact-finding hearing"
3means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13
4(12) are supported beyond a reasonable doubt or a hearing to determine if the
5allegations in a petition or citation under s. 938.125 or 938.13 (14) are proved by clear
6and convincing evidence.".
AB130-SSA1-SA14,13,11
11"
(4) Restrict, suspend or revoke the driving privileges of the juvenile.".
AB130-SSA1-SA14,13,18
18"
938.365 Extension of orders.".
