Amendment AA25-AB130

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.

AB130-AA25,11,23 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB130-AA25,12,7 (b) 1. All intake workers beginning employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., 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-AA25,12,9 2. The department shall make training programs available annually that permit intake workers to satisfy the requirements specified under subd. 1.".

AB130-AA25,12,13 34. Page 179, line 4: delete that line and substitute: "(3) (f) or to use commitment to a county department under s. 51.42 or 51.437 for special treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition under s. 938.34 (6) (am). The use by the court of those dispositions is subject to any reso-".

AB130-AA25,12,23 35. Page 179, line 6: after the last period insert: "(1) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint one or more part-time or full-time juvenile court commissioners who shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of juveniles. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.".

AB130-AA25,12,24 36. Page 181, line 5: on lines 5 and 11, delete "48.06" and substitute "938.06".

AB130-AA25,13,1 37. Page 182, line 21: delete "48.06" and substitute "938.06".

AB130-AA25,13,2 38. Page 185, line 23: after that line insert:

AB130-AA25,13,4 "(6) By any appropriate person designated by the county board of supervisors in any matter arising under s. 938.14.".

AB130-AA25,13,5 39. Page 187, line 23: after that line insert:

AB130-AA25,13,8 "938.14 Jurisdiction over interstate compact proceedings. The court has exclusive jurisdiction over proceedings under the interstate compact for juveniles under s. 938.991.".

AB130-AA25,13,9 40. Page 187, line 25: delete "or 938.13" and substitute ", 938.13 or 938.14".

AB130-AA25,13,10 41. Page 191, line 11: after that line insert:

AB130-AA25,13,15 "(cm) A city, village or town may adopt an ordinance or bylaw specifying which of the dispositions under ss. 938.343 and 938.344 and sanctions under s. 938.355 (6) (d) 2. to 4. the municipal court of that city, village or town is authorized to impose. The use by the court of those dispositions and sanctions is subject to any ordinance or bylaw adopted under this paragraph.".

AB130-AA25,13,17 42. Page 191, line 15: before the last period insert: "that are authorized under par. (cm)".

AB130-AA25,13,19 43. Page 192, line 3: before the last period insert: "that is authorized under par. (cm)".

AB130-AA25,13,20 44. Page 192, line 12: delete "one" and substitute "any".

AB130-AA25,13,22 45. Page 192, line 13: on lines 13 and 15, after "4." insert: "that are authorized under par. (cm)".

AB130-AA25,13,23 46. Page 194, line 18: delete that line and substitute:

AB130-AA25,14,2 "(b) If a petition for waiver of jurisdiction initiated by the district attorney or a judge is contested, the court, after taking".

AB130-AA25,14,3 47. Page 194, line 22: delete that line and substitute:

AB130-AA25,14,5 "(c) If a petition for waiver of jurisdiction initiated by the district attorney or a judge is uncontested, the court shall in-".

AB130-AA25,14,6 48. Page 195, line 3: after that line insert:

AB130-AA25,14,15 "(d) If the petition for waiver of jurisdiction is initiated by the juvenile, the court shall inquire into the capacity of the juvenile to knowingly, intelligently and voluntarily petition for waiver of jurisdiction. If the court is satisfied that the decision to petition for waiver of jurisdiction is knowingly, intelligently and voluntarily made and that waiver of jurisdiction would be in the best interest of the juvenile, no testimony need be taken and the court shall enter an order waiving jurisdiction and referring the matter to the district attorney for appropriate proceedings in the court of criminal jurisdiction, and the court of criminal jurisdiction thereafter has exclusive jurisdiction.".

AB130-AA25,14,17 49. Page 195, line 4: before the comma insert: "on a petition for waiver of jurisdiction initiated by the district attorney or a judge".

AB130-AA25,14,19 50. Page 196, line 1: before the comma insert: "on a petition for waiver of jurisdiction initiated by the district attorney or a judge".

AB130-AA25,14,21 51. Page 196, line 21: after "who" insert "has been adjudicated delinquent and".

AB130-AA25,14,23 52. Page 196, line 22: before the period insert: ", a secure detention facility or a secured child caring institution".

AB130-AA25,15,3 53. Page 197, line 22: delete lines 22 to 24 and substitute: "except that the court of criminal jurisdiction shall impose a disposition specified in s. 938.34 if any of the following conditions applies:

AB130-AA25,15,6 1. The court of criminal jurisdiction convicts the juvenile of a lesser offense 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.

AB130-AA25,15,12 2. The court of criminal jurisdiction convicts the juvenile of a lesser offense 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.

AB130-AA25,15,15 54. Page 219, line 22: before the period insert: ", 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 juvenile who is named as the respondent in that petition".

AB130-AA25,15,16 55. Page 221, line 8: after "48.14" insert "or 938.14".

AB130-AA25,15,17 56. Page 227, line 23: delete "or" and substitute a comma.

AB130-AA25,15,18 57. Page 227, line 24: after "938.13" insert "or 938.14".

AB130-AA25,15,19 58. Page 229, line 22: delete "(a)".

AB130-AA25,15,20 59. Page 232, line 21: delete "or 938.13" and substitute ", 938.13 or 938.14".

AB130-AA25,16,2 60. Page 233, line 8: delete that line and substitute: "der s. 938.13 or 938.14. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under s. 938.14 in a manner specified by the court.".

AB130-AA25,16,3 61. Page 235, line 23: after "(14)" insert "or 938.14".

AB130-AA25,16,4 62. Page 238, line 20: after that line insert:

AB130-AA25,16,7 "(6) When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes.".

AB130-AA25,16,8 63. Page 240, line 4: delete "or 938.13" and substitute ", 938.13 or 938.14".

AB130-AA25,16,11 64. Page 277, line 6: after "department" insert: ", unless the department, after an examination under s. 938.50, determines that placement in a secured correctional facility is more appropriate".

AB130-AA25,16,12 65. Page 281, line 5: after that line insert:

AB130-AA25,16,13 "(ap) An order under par. (am) is subject to all of the following:

AB130-AA25,16,14 1. The commitment may total not more than 30 days.

AB130-AA25,16,17 2. The use of commitment to a county department under s. 51.42 or 51.437 as a disposition under par. (am) is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of that disposition.".

AB130-AA25,16,18 66. Page 282, line 22: delete "evaluation under s. 938.295 and the".

AB130-AA25,16,19 67. Page 294, line 24: delete that line and substitute "tions.".

AB130-AA25,16,20 68. Page 295, line 1: delete lines 1 and 2.

AB130-AA25,17,2 69. Page 304, line 7: after the last period insert: "If the disposition places a juvenile who has been adjudicated delinquent outside the home under s. 938.34 (3) (c) or (d), the order shall include a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent.".

AB130-AA25,17,4 70. Page 310, line 5: after "sanction" insert: "of placement in a place of nonsecure custody".

AB130-AA25,17,5 71. Page 310, line 10: delete "one" and substitute "any".

AB130-AA25,17,6 72. Page 311, line 1: after "and" insert "the provision of".

AB130-AA25,17,10 73. Page 311, line 17: on lines 17 and 25, after "938.21," insert: "but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection,".

AB130-AA25,17,12 74. Page 311, line 22: delete that line and substitute: "for not more than 72 hours as a sanction, if at the".

AB130-AA25,17,13 75. Page 311, line 24: delete "placement" and substitute "sanction".

AB130-AA25,17,14 76. Page 312, line 3: delete "while".

AB130-AA25,17,16 77. Page 312, line 4: delete that line and substitute: "as a sanction, if at the dispositional hearing the court".

AB130-AA25,17,17 78. Page 312, line 6: delete "placement" and substitute "sanction".

AB130-AA25,17,19 79. Page 330, line 13: after "person" insert: "has been adjudicated delinquent and has".

AB130-AA25,17,20 80. Page 330, line 14: after "facility" insert ", a secure detention facility".

AB130-AA25,17,21 81. Page 342, line 11: after "sub." insert "(1b), (1d),".

AB130-AA25,17,22 82. Page 342, line 20: after that line insert:

AB130-AA25,18,5 "(1b) If requested by the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report, or if requested by the juvenile, 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 juvenile a copy of that report.

AB130-AA25,18,11 (1d) Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report or upon the written permission of the juvenile, 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 juvenile in the written permission.".

AB130-AA25,18,12 83. Page 343, line 8: delete "may" and substitute "shall"; and delete "only".

AB130-AA25,18,13 84. Page 343, line 12: delete "may" and substitute "shall".

AB130-AA25,18,14 85. Page 343, line 13: delete "only".