1995 Wisconsin Act 352

352,65 Section 65 . 938.183 (1) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility, a secured child caring institution or a secured adolescent treatment unit under s. 46.043 or who has been adjudicated delinquent and has who is alleged to have committed a violation of s. 940.20 (2m).

352,66 Section 66 . 938.183 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (1) (b) A juvenile who is alleged to have violated any state criminal law if the juvenile has been convicted of a previous violation following waiver of jurisdiction under s. 48.18, 1993 stats., or s. 938.18 by the court assigned to exercise jurisdiction under this chapter and ch. 48 or if the court assigned to exercise jurisdiction under this chapter and ch. 48 has waived its jurisdiction over the juvenile for a previous violation and criminal proceedings on that previous violation are still pending.

352,67 Section 67 . 938.183 (1m) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.183 (1m) (intro.) and amended to read:

938.183 (1m) (intro.) Notwithstanding subchs. IV to VI, a juvenile described in sub. (1) is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, unless except as follows:

(b) If a court of criminal jurisdiction transfers jurisdiction under s. 970.032 or 971.31 (13) to a court assigned to exercise jurisdiction under this chapter and ch. 48, the juvenile is subject to the procedures and dispositions specified in subch. IV to VI.

352,68 Section 68 . 938.183 (1m) (a) of the statutes is created to read:

938.183 (1m) (a) If the juvenile is under 15 years of age, the juvenile may be held in secure custody only in a secure detention facility or in the juvenile portion of a county jail.

352,69 Section 69 . 938.183 (1m) (c) of the statutes is created to read:

938.183 (1m) (c) If the juvenile is convicted of a lesser offense and if any of the conditions specified in s. 938.183 (2) (a) 1. or 2. applies, the court of criminal jurisdiction may impose a criminal penalty or a disposition specified in s. 938.34.

352,69m Section 69m. 938.183 (2) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (2) (a) 1. The court of criminal jurisdiction convicts the juvenile of a lesser offense that is not an attempt to violate s. 940.01, that is not a violation of s. 940.02 or 940.05 and that is not an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.

352,69p Section 69p. 938.183 (2) (a) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (2) (a) 2. The court of criminal jurisdiction convicts the juvenile of a lesser offense that is an attempt to violate s. 940.01, that is a violation of s. 940.02 or 940.05 or that is an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and the court of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5), determines by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to impose a disposition specified in s. 938.34.

352,70 Section 70 . 938.185 (1) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.185 (1) (c) In the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred, except that in that case the court of the county where the violation occurred may, after the juvenile is adjudged delinquent, transfer the proceeding to the county where the juvenile resides for disposition, if the court of the county of residence agrees to that transfer and the transferring court agrees to that disposition.

352,71 Section 71 . 938.208 (1) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.208 (1) (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing or a revocation hearing for juveniles on aftercare supervision. For juveniles on aftercare supervision who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

352,72 Section 72 . 938.208 (6) of the statutes is created to read:

938.208 (6) Probable cause exists to believe that the juvenile is subject to the jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) and is under 15 years of age.

352,73 Section 73 . 938.209 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.209 (3) The restrictions of this section do not apply to the use of jail for a juvenile who has been waived to adult court under s. 938.18 or who is under the jurisdiction of an adult court under s. 938.183, unless the juvenile is under the jurisdiction of an adult court under s. 938.183 (1) and is under 15 years of age.

352,73p Section 73p. 938.22 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the secure detention facility or shelter care facility shall be determined by the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 with the approval of the chief judge of the judicial administrative district county board of supervisors or, in the case of a secure detention facility or shelter care facility established by 2 or more counties, by a committee of the judges of the courts in the participating counties assigned to exercise jurisdiction under this chapter and ch. 48 with the approval of the chief judge of the judicial administrative district the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

352,73r Section 73r. 938.22 (3) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.22 (3) (a) In counties having a population of less than 500,000, public secure detention facilities and public shelter care facilities shall be in the charge of a superintendent. The judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 with the approval of the chief judge of the judicial administrative district county board of supervisors or, where 2 or more counties operate joint public secure detention facilities or public shelter care facilities, the committee of judges of the courts assigned to exercise jurisdiction under this chapter and ch. 48 with the approval of the chief judge of the judicial administrative district county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention or shelter care facilities, subject to par. (am) and to civil service regulations in counties having civil service.

352,73rm Section 73rm. 938.223 of the statutes is created to read:

938.223 Contracts with Minnesota counties for secure detention facility services. (1) The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure detention facility for the use of one or more Minnesota secure detention facilities for the holding of juveniles who meet the criteria under s. 938.208.

(2) (a) A contract under sub. (1) shall require all of the following:

1. That the Minnesota secure detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin secure detention facility established by the department by rules promulgated under s. 938.22 (2) (a) and that the Minnesota secure detention facility be approved by the department under s. 301.36.

2. That the Minnesota secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a Wisconsin secure detention facility.

(b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

1. The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota secure detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota secure detention facility.

2. An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota secure detention facility.

3. An agreement that the Minnesota secure detention facility is subject to investigation and inspection by the department under s. 301.36.

4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.

(3) The county board of supervisors of any county that operates a secure detention facility may contract with one or more counties in Minnesota for the use of the secure detention facility operated by the Wisconsin county for the holding of juveniles transferred to that secure detention facility by the Minnesota county.

352,74 Section 74 . 938.24 (5) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.24 (5) The intake worker shall recommend request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection. Failure to object if a petition is not referred or filed within a time limit specified in this subsection waives that time limit.

352,75 Section 75 . 938.245 (2) (a) 5. b. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.245 (2) (a) 5. b. In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a restitution project provided by the county is exempt from the permit requirement under s. 103.70 (1).

352,76 Section 76 . 938.245 (2g) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.245 (2g) If the informal disposition deferred prosecution agreement is based on an allegation that the juvenile violated s. 943.017 and the juvenile has attained the minimum age at which a juvenile may be adjudicated delinquent, the informal disposition deferred prosecution agreement may require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.

352,77 Section 77 . 938.245 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.245 (4) The intake worker shall inform the juvenile and the juvenile's parent, guardian and legal custodian in writing of their right to request the court to terminate or, if the juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9., to request the court to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If an objection arises the intake worker may alter the terms of the agreement or recommend to the district attorney or corporation counsel that a petition be filed. If the deferred prosecution agreement is terminated the intake worker may recommend to the district attorney or corporation counsel that a petition be filed.

352,78 Section 78 . 938.245 (5) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

352,79 Section 79 . 938.245 (7) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.245 (7) (a) If at any time during the period of a deferred prosecution agreement the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the deferred prosecution agreement. Within 10 days after the cancellation of the deferred prosecution agreement, the intake worker shall notify the district attorney, corporation counsel or other official under s. 938.09 of the cancellation and recommend whether or not a petition should be filed. In delinquency cases, the district attorney may initiate a petition within 20 days after the date of the notice regardless of whether the intake worker has recommended that a petition be filed. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any petition which is not filed within the time limit specified in this subsection. Failure to object if a petition is not filed within the time limit specified in this subsection waives that time limit.

352,80 Section 80 . 938.25 (2) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.25 (2) (a) The district attorney, corporation counsel or other appropriate official shall file the petition, close the case, or refer the case back to intake or, with notice to intake, the law enforcement agency investigating the case within 20 days after the date that the intake worker's recommendation request was filed. A referral back to intake or the law enforcement agency investigating the case may be made only when the district attorney, corporation counsel or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into a deferred prosecution agreement within 20 days. If the case is referred back to intake or the law enforcement agency investigating the case for further investigation, the appropriate agency or person shall complete the investigation within 20 days. If another referral is made to the district attorney, corporation counsel or other appropriate official by intake or the law enforcement agency investigating the case, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge upon a showing of good cause under s. 938.315. If a petition is not filed within the time limitations set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition which is not filed within the time limits specified in this paragraph. Failure to object if a petition is not filed within the time limits specified in this paragraph waives those time limits.

352,81 Section 81 . 938.25 (2) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.25 (2) (b) In delinquency cases where there has been a case closure or deferred prosecution agreement, the petition shall be filed within 20 days of receipt of the notice of closure or deferred prosecution. Failure to file within 20 days invalidates the petition and affirms the case closure or deferred prosecution agreement, except that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition that is not filed within the time limit specified in this paragraph and that failure to object if a petition is not filed within the time limit specified in this paragraph waives that time limit. If a petition is filed within 20 days or the time permitted by the court under s. 938.315 (3), whichever is later, the district attorney shall notify the parties to the agreement and the intake worker as soon as possible.

352,81d Section 81d. 938.255 (1) (cm) of the statutes is created to read:

938.255 (1) (cm) If the petition is initiating proceedings other than proceedings under s. 938.12, 938.125 or 938.13 (12), whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1901 to 1963.

352,81g Section 81g. 938.255 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.255 (2) If any of the facts in sub. (1) (a) , (b) or (c) to (cm) are not known or cannot be ascertained by the petitioner, the petition shall so state.

352,81m Section 81m. 938.275 (title) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.275 (title) Parents' contribution to cost of custody, sanctions and court and legal services.

352,81n Section 81n. 938.275 (1) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.275 (1) (b) and amended to read:

938.275 (1) (b) If the court finds a juvenile to be delinquent under s. 938.12, in violation of a civil law or ordinance under s. 938.125 or in need of protection or services under s. 938.13, the court shall order the parents of the juvenile to contribute toward the expense of post-adjudication services to the juvenile, including any placement under s. 938.34 (3) (f), the proportion of the total amount which the court finds the parents are able to pay.

352,81p Section 81p. 938.275 (1) (a) of the statutes is created to read:

938.275 (1) (a) If a juvenile is held in custody under ss. 938.20 to 938.21, the court shall order the parents of the juvenile to contribute toward the expense of holding the juvenile in custody the proportion of the total amount which the court finds the parents are able to pay.

352,81r Section 81r. 938.275 (1) (c) of the statutes is created to read:

938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

352,82 Section 82 . 938.29 (1g) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.29 (1g) The juvenile may not request the substitution of a judge in a proceeding under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent, guardian or legal custodian may not request the substitution of a judge in a proceeding under s. 938.13 (4), (6), (6m) or (7), if the judge assigned to the proceeding has entered a dispositional order with respect to the juvenile in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or 938.13 (4), (6), (6m), (7) or (12) or the juvenile or the juvenile's parent, guardian or legal custodian has requested the substitution of a judge in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or 938.13 (4), (6), (6m), (7) or (12).

352,83 Section 83 . 938.299 (1) (ar) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.299 (1) (ar) Notwithstanding par. (a), the general public may attend any hearing under this chapter relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent previously and that previous adjudication remains of record and unreversed or relating to a juvenile who has been alleged to be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. or a violation of s. 948.30 (1) or for conspiracy under s. 939.31 to commit any violation s.938.34 (4h) (a), except that the court shall exclude the general public from a hearing if the victim of a sexual assault objects and may, in its discretion, exclude the general public from any portion of a hearing which deals with sensitive personal matters of the juvenile or the juvenile's family and which does not relate to the act or alleged act committed by the juvenile or from any other hearing described in this paragraph. If the court excludes the general public from a hearing described in this paragraph, only those persons who are permitted under par. (a) or (am) to attend a hearing from which the general public is excluded may attend.

352,84 Section 84 . 938.299 (1) (av) of the statutes is created to read:

938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may disclose to anyone any information obtained as a result of that hearing.

352,85 Section 85 . 938.299 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who divulges any information which would identify the juvenile or the family involved in any proceeding under this subchapter is subject to ch. 785. This paragraph does not preclude a victim of the juvenile's act from commencing a civil action based upon the juvenile's act.

352,86 Section 86 . 938.315 (1) (dm) of the statutes is created to read:

938.315 (1) (dm) Any period of delay resulting from court congestion or scheduling.

352,87 Section 87 . 938.315 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.315 (3) Failure to comply with any time limit specified in this chapter does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. Failure to object to a period of delay or a continuance waives the time limit that is the subject of the period of delay or continuance. If a party does not comply with a time limit specified in this chapter, the court may grant a continuance under sub. (2), dismiss the petition with or without prejudice, release the juvenile from secure or nonsecure custody or from the terms of a custody order or grant any other relief that the court considers appropriate.

352,88 Section 88 . 938.32 (1t) (a) 2. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.32 (1t) (a) 2. In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution under the consent decree, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a restitution project provided by the county is exempt from the permit requirement under s. 103.70 (1).

352,89 Section 89 . 938.34 (4d) of the statutes is created to read:

938.34 (4d) Type 2 child caring institution placement. Place the juvenile in a Type 2 child caring institution under the supervision of the county department and subject to Type 2 status, as described in s. 938.539, but only if all of the following apply:

(a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more.

(b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge determines that any of the conditions specified in sub. (4m) (b) 1., 2. or 3. applies, but that placement in the serious juvenile offender program under sub. (4h) or in a secured correctional facility under sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.

352,90 Section 90 . 938.34 (4h) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

352,91 Section 91 . 938.34 (5) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (5) (b) In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution ordered by the court under this subsection, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a restitution project provided by the county is exempt from the permit requirement under s. 103.70 (1).

352,92 Section 92 . 938.34 (5g) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read: