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1"(b) If a petition for waiver of jurisdiction initiated by the district attorney or
2a judge is contested, the court, after taking".
AB130-AA25,14,5
4"(c) If a petition for waiver of jurisdiction initiated by the district attorney or
5a judge is uncontested, the court shall in-".
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7"(d) If the petition for waiver of jurisdiction is initiated by the juvenile, the court
8shall inquire into the capacity of the juvenile to knowingly, intelligently and
9voluntarily petition for waiver of jurisdiction. If the court is satisfied that the
10decision to petition for waiver of jurisdiction is knowingly, intelligently and
11voluntarily made and that waiver of jurisdiction would be in the best interest of the
12juvenile, no testimony need be taken and the court shall enter an order waiving
13jurisdiction and referring the matter to the district attorney for appropriate
14proceedings in the court of criminal jurisdiction, and the court of criminal
15jurisdiction thereafter has exclusive jurisdiction.".
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153. Page 197, line 22: delete lines 22 to 24 and substitute: "except that the
2court of criminal jurisdiction shall impose a disposition specified in s. 938.34 if any
3of the following conditions applies:
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1. The court of criminal jurisdiction convicts the juvenile of a lesser offense that
5is not an offense for which the court assigned to exercise jurisdiction under this
6chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.
AB130-AA25,15,127
2. The court of criminal jurisdiction convicts the juvenile of a lesser offense that
8is an offense for which the court assigned to exercise jurisdiction under this chapter
9and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and the court
10of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5),
11determines by clear and convincing evidence that it would be in the best interests of
12the juvenile and of the public to impose a disposition specified in s. 938.34.
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1354. Page 219, line 22: before the period insert: ", except that the court may
14not order a person who files a petition under s. 813.122 or 813.125 to reimburse
15counsel for the juvenile who is named as the respondent in that petition".
AB130-AA25,16,2
2160. Page 233, line 8: delete that line and substitute: "der s. 938.13 or 938.14.
22The district attorney, corporation counsel or other appropriate person designated by
1the court may initiate proceedings under s. 938.14 in a manner specified by the
2court.".
AB130-AA25,16,7
5"
(6) When a proceeding is initiated under s. 938.14, all interested parties shall
6receive notice and appropriate summons shall be issued in a manner specified by the
7court, consistent with applicable governing statutes.".
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964. Page 277, line 6: after "department" insert: ", unless the department, after
10an examination under s. 938.50, determines that placement in a secured correctional
11facility is more appropriate".
AB130-AA25,16,13
13"(ap) An order under par. (am) is subject to all of the following:
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1. The commitment may total not more than 30 days.
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2. The use of commitment to a county department under s. 51.42 or 51.437 as
16a disposition under par. (am) is subject to the adoption of a resolution by the county
17board of supervisors under s. 938.06 (5) authorizing the use of that disposition.".
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2169. Page 304, line 7: after the last period insert: "If the disposition places a
22juvenile who has been adjudicated delinquent outside the home under s. 938.34 (3)
23(c) or (d), the order shall include a finding that the juvenile's current residence will
1not safeguard the welfare of the juvenile or the community due to the serious nature
2of the act for which the juvenile was adjudicated delinquent.".
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773. Page 311, line 17: on lines 17 and 25, after "938.21," insert: "but subject
8to any general written policies adopted by the court under s. 938.06 (1) or (2) and to
9any policies adopted by the county board relating to the taking into custody and
10placement of a juvenile under this subsection,".
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1"
(1b) If requested by the parent, guardian or legal custodian of a juvenile who
2is the subject of a law enforcement officer's report, or if requested by the juvenile, if
314 years of age or over, a law enforcement agency may, subject to official agency
4policy, provide to the parent, guardian, legal custodian or juvenile a copy of that
5report.
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6(1d) Upon the written permission of the parent, guardian or legal custodian
7of a juvenile who is the subject of a law enforcement officer's report or upon the
8written permission of the juvenile, if 14 years of age or over, a law enforcement
9agency may, subject to official agency policy, make available to the person named in
10the permission any reports specifically identified by the parent, guardian, legal
11custodian or juvenile in the written permission.".
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16"(ag) Upon request of the parent, guardian or legal custodian of a juvenile who
17is the subject of a record of a court specified in par. (a), or upon request of the juvenile,
18if 14 years of age or over, the court shall open for inspection by the parent, guardian,
19legal custodian or juvenile the records of the court relating to that juvenile.
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(am) Upon the written permission of the parent, guardian or legal custodian
21of a juvenile who is the subject of a record of a court specified in par. (a), or upon
22request of the juvenile if 14 years of age or over, the court shall open for inspection
23by the person named in the permission any records specifically identified by the
24parent, guardian, legal custodian or juvenile in the written permission.".
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2"(bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under
3par. (a) or (b), if a juvenile is adjudicated delinquent and as a result of the
4dispositional order is enrolled in a different school district from the school district in
5which the juvenile is enrolled at the time of the dispositional order, the court clerk,
6within 5 days after the date on which the dispositional order is entered, shall provide
7the school board of the juvenile's new school district or the school board's designee
8with the information specified in par. (a) or (b), whichever is applicable, and, in
9addition, shall notify that school board or designee of whether the juvenile has been
10adjudicated delinquent previously by that court, the nature of any previous
11violations committed by the juvenile and the dispositions imposed on the juvenile
12under s. 938.34 as a result of those previous violations.".
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22"
(4) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after
23the department or county department having supervision or legal custody over the
24juvenile discovers that escape, that department or county department shall make a
1reasonable effort to notify by telephone any known victim of the act for which the
2juvenile was found delinquent, if the criteria under sub. (1) (b) are met; an adult
3member of the victim's family, if the victim died as a result of the juvenile's delinquent
4act and if the criteria under sub. (1) (b) are met; or the victim's parent or guardian,
5if the victim is younger than 18 years old and if the criteria under sub. (1) (b) are
6met.".
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794. Page 361, line 24: after "938.21" insert: ", but subject to any general
8written policies adopted by the court under s. 938.06 (1) or (2) and to any policies
9adopted by the county board relating to the taking into custody and placement of a
10juvenile under this subsection".
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1396. Page 362, line 4: delete that line and substitute: "sibility of that sanction.
14Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies
15adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the
16county board relating to the taking into custody and placement of a juvenile under
17this subsection, the juvenile's case-".
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22100. Page 362, line 18: delete lines 18 to 20 and substitute: "and the use of
23placement in a place of nonsecure custody for not more than 30 days as sanctions.".
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2"(cm) Provide appropriate services for juveniles who are referred to the county
3department by a municipal court, except that if the funding, staffing or other
4resources of the county department for juvenile welfare services are insufficient to
5meet the needs of all juveniles who are eligible to receive services from the county
6department, the county department shall give first priority to juveniles who are
7referred to the county department by the court assigned to exercise jurisdiction
8under this chapter and ch. 48.".
AB130-AA25,21,14
10"(ag) Paragraph (a) does not prohibit an agency from making available for
11inspection or disclosing the contents of a record, upon the request of the parent,
12guardian or legal custodian of the juvenile who is the subject of the record or upon
13the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal
14custodian or juvenile.
AB130-AA25,21,2015
(am) Paragraph (a) does not prohibit an agency from making available for
16inspection or disclosing the contents of a record, upon the written permission of the
17parent, guardian or legal custodian of the juvenile who is the subject of the record
18or upon the written permission of the juvenile, if 14 years of age or over, to the person
19named in the permission if the parent, guardian, legal custodian or juvenile
20specifically identifies the record in the written permission.".
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7(6) A Class A misdemeanor, if the person was adjudicated delinquent for
8committing an act that would be a misdemeanor if committed by an adult.".
