Amendment AA25-AB130

LRBa0616/1

GMM:skg:jlb

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 25, To 1995 ASSEMBLY BILL 130

March 23, 1995 - Offered by Committee on Children and Families.

AB130-AA25,1,1 At the locations indicated, amend the bill as follows:

AB130-AA25,1,3 1. Page 49, line 20: delete the material beginning with that line and ending with page 52, line 16.

AB130-AA25,1,4 2. Page 55, line 5: delete lines 5 to 7 and substitute:

AB130-AA25,1,5 " Section 112m. 48.14 (4) of the statutes is repealed.".

AB130-AA25,1,6 3. Page 60, line 5: delete " 938.13" and substitute "938.14".

AB130-AA25,1,7 4. Page 61, line 5: after that line insert:

AB130-AA25,1,8 " Section 150d. 48.23 (4) of the statutes is amended to read:

AB130-AA25,2,14 48.23 (4) Providing counsel. In any situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) in which a parent 18 years of age or older is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.".

AB130-AA25,2,15 5. Page 70, line 17: delete "peace" and substitute "peace law enforcement".

AB130-AA25,2,16 6. Page 89, line 5: delete "Peace" and substitute: "Peace Law enforcement".

AB130-AA25,2,18 7. Page 89, line 7: delete " older over. Peace" and substitute "older. Peace over. Law enforcement".

AB130-AA25,2,19 8. Page 89, line 10: delete "sub. (1m) or" and substitute "sub. (1g) or (1m) or".

AB130-AA25,2,20 9. Page 89, line 15: delete "15" and substitute "10".

AB130-AA25,2,23 10. Page 89, line 16: delete lines 16 and 17 and substitute: "over who are transferred to the criminal courts subject to the jurisdiction of the court of criminal jurisdiction.

AB130-AA25, s. 312m Section 312m. 48.396 (1g) of the statutes is created to read:

AB130-AA25,3,4 48.396 (1g) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report.

AB130-AA25, s. 313m Section 313m. 48.396 (1m) of the statutes is repealed and recreated to read:

AB130-AA25,3,11 48.396 (1m) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission.".

AB130-AA25,3,12 11. Page 89, line 24: after that line insert:

AB130-AA25,3,13 " Section 314g. 48.396 (2) (ag) of the statutes is created to read:

AB130-AA25,3,17 48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child.

AB130-AA25, s. 314m Section 314m. 48.396 (2) (am) of the statutes is created to read:

AB130-AA25,3,23 48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission.".

AB130-AA25,3,24 12. Page 101, line 5: after that line insert:

AB130-AA25,4,1 " Section 368g. 48.78 (2) (ag) of the statutes is created to read:

AB130-AA25,4,6 48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child.

AB130-AA25, s. 368m Section 368m. 48.78 (2) (am) of the statutes is created to read:

AB130-AA25,4,13 48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission.".

AB130-AA25,4,15 13. Page 122, line 9: delete ", educational"; and after "welfare" insert "or school attendance".

AB130-AA25,4,16 14. Page 124, line 24: delete "may" and substitute "may shall".

AB130-AA25,4,17 15. Page 125, line 3: delete "938.396 (1m) (a)".

AB130-AA25,4,19 16. Page 125, line 4: delete "may" and substitute "may 938.396 (1m) (a) shall"; and delete "only" and substitute "only".

AB130-AA25,4,20 17. Page 125, line 5: delete "and only" and substitute "and only".

AB130-AA25,4,21 18. Page 127, line 19: delete "may" and substitute "shall".

AB130-AA25,4,22 19. Page 128, line 2: delete "may" and substitute "may shall".

AB130-AA25,5,2 20. Page 128, line 3: delete "938.396 (1m) (a) only" and substitute "only 938.396 (1m) (a)".

AB130-AA25,5,3 21. Page 128, line 5: delete "may" and substitute "shall".

AB130-AA25,5,4 22. Page 128, line 8: delete "may" and substitute "shall".

AB130-AA25,5,5 23. Page 128, line 9: delete "only".

AB130-AA25,5,7 24. Page 128, line 11: delete "may not use information from" and substitute "shall not use".

AB130-AA25,5,12 25. Page 133, line 12: before the period insert: ", except that reimbursement under this subsection for each full-time equivalent pupil of a school district who is provided educational programming by a county may not exceed 110% of the school district's average per pupil cost or the actual cost of that programming, whichever is less".

AB130-AA25,5,13 26. Page 157, line 20: after that line insert:

AB130-AA25,5,14 " Section 535r. 757.69 (1) (intro.) of the statutes is amended to read:

AB130-AA25,5,18 757.69 (1) (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 may:".

AB130-AA25,5,19 27. Page 158, line 12: after that line insert:

AB130-AA25,5,20 " Section 536d. 757.69 (1) (k) of the statutes is amended to read:

AB130-AA25,5,23 757.69 (1) (k) Exercise the power of a juvenile court commissioner appointed under s. 48.065 or 938.065, a probate court commissioner appointed under s. 757.72 or a family court commissioner appointed under s. 767.13.

AB130-AA25, s. 536g Section 536g. 757.69 (2) (intro.) of the statutes is amended to read:

AB130-AA25,6,3 757.69 (2) (intro.) A judge may refer to a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 cases in which:

AB130-AA25, s. 536m Section 536m. 757.69 (3) (intro.) of the statutes is amended to read:

AB130-AA25,6,6 757.69 (3) (intro.) Court commissioners appointed under s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 may under their own authority:

AB130-AA25, s. 536p Section 536p. 757.81 (2) of the statutes is amended to read:

AB130-AA25,6,10 757.81 (2) "Court commissioner" means a court commissioner under s. 757.68, a family court commissioner under s. 767.13, a juvenile court commissioner under s. 48.065 or 938.065 and a probate court commissioner under s. 757.72.".

AB130-AA25,6,11 28. Page 167, line 8: delete lines 8 to 25 and substitute:

AB130-AA25,6,12 " Section 564m. 895.035 (2m) of the statutes is created to read:

AB130-AA25,7,2 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32, 938.34 (5) or 938.343 (4) as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the child will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence.

AB130-AA25,7,14 (b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the child will not pay the forfeiture as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB130-AA25,8,2 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or forfeiture unpaid, but not as to the amount of the restitution or forfeiture originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or forfeiture and the ability of the child or the parent to pay the restitution or forfeiture. In considering the ability of the child or the parent to pay the restitution or forfeiture, the court may consider the assets, as well as the income, of the child or the parent and may consider the future ability of the child or parent to pay the restitution or forfeiture within the time specified in s. 893.40.

AB130-AA25,8,7 2. In proceedings under this subsection, the court assigned to exercise jurisdiction under chs. 48 and 938 may take judicial notice of any deferred prosecution agreement, consent decree, dispositional order, sentence, extension of a consent decree, dispositional order or sentence or any other finding or order in the records of the child maintained by that court or the municipal court.

AB130-AA25,8,10 3. In proceedings under this subsection, the child and the parent may retain counsel of their own choosing at their own expense, but a child or a parent has no right to be represented by appointed counsel in a proceeding under this subsection.".

AB130-AA25,8,12 29. Page 168, line 1: after "court" insert: "assigned to exercise jurisdiction under chs. 48 and 938".

AB130-AA25,8,13 30. Page 175, line 2: after that line insert:

AB130-AA25,8,14 "(9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).".

AB130-AA25,8,15 31. Page 177, line 10: after that line insert:

AB130-AA25,8,16 "(18m) "Truancy" has the meaning given in s. 118.16 (1) (c).".

AB130-AA25,8,18 32. Page 177, line 19: before the period insert: "or a person employed or contracted by the department of justice to provide the services specified in s. 950.08".

AB130-AA25,8,19 33. Page 178, line 6: delete lines 6 to 13 and substitute:

AB130-AA25,9,10 "938.06 Services for court. (1) Counties with a population of 500,000 or more. (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department, and the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases.

AB130-AA25,9,16 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

AB130-AA25,9,25 3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or juvenile after a written order is made under s. 938.21 or if a petition is filed under s. 938.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.

AB130-AA25,10,19 (am) 1. All intake workers beginning employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB130-AA25,10,21 2. The department shall make training programs available annually that permit intake workers to satisfy the requirements specified under subd. 1.

AB130-AA25,10,25 (b) Notwithstanding par. (a), the county board of supervisors may institute changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 49.52.

AB130-AA25,11,11 (2) Counties with a population under 500,000. (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB130-AA25,11,14 (am) 1. Notwithstanding par. (a), any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department.