AB130-SSA1, s. 612 8Section 612. 885.37 (1) (a) 2. of the statutes is amended to read:
AB130-SSA1,164,99 885.37 (1) (a) 2. The person is a child or parent subject to ch. 48 or 938.
AB130-SSA1, s. 613 10Section 613. 895.035 (2m) of the statutes is created to read:
AB130-SSA1,164,2411 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
12938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise
13jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred
14prosecution agreement or if it appears likely that the child will not pay restitution
15as ordered or agreed to, the victim, the victim's insurer, the representative of the
16public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a),
17supervising the child may petition the court assigned to exercise jurisdiction under
18chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered
19and docketed as a judgment against the child and the parent with custody of the
20child. A petition under this paragraph may be filed after the expiration of the
21deferred prosecution agreement, consent decree, dispositional order or sentence
22under which the restitution is payable, but no later than one year after the expiration
23of the deferred prosecution agreement, consent decree, dispositional order or
24sentence or any extension of the consent decree, dispositional order or sentence.
AB130-SSA1,165,12
1(b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise
2jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the
3child will not pay the forfeiture as ordered, the representative of the public interest
4under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or
5the law enforcement agency that issued the citation to the child may petition the
6court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount
7of the forfeiture unpaid by the child be entered and docketed as a judgment against
8the child and the parent with custody of the child. A petition under this paragraph
9may be filed after the expiration of the dispositional order or sentence under which
10the forfeiture is payable, but no later than one year after the expiration of the
11dispositional order or sentence or any extension of the dispositional order or
12sentence.
AB130-SSA1,165,2413 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to
14exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice
15of the intent to issue the order and an opportunity to be heard regarding the order.
16The court shall give the child and the parent an opportunity to present evidence as
17to the amount of the restitution or forfeiture unpaid, but not as to the amount of the
18restitution or forfeiture originally ordered. The court shall also give the child and
19the parent an opportunity to present evidence as to the reason for the failure to pay
20the restitution or forfeiture and the ability of the child or the parent to pay the
21restitution or forfeiture. In considering the ability of the child or the parent to pay
22the restitution or forfeiture, the court may consider the assets, as well as the income,
23of the child or the parent and may consider the future ability of the child or parent
24to pay the restitution or forfeiture within the time specified in s. 893.40.
AB130-SSA1,166,5
12. In proceedings under this subsection, the court assigned to exercise
2jurisdiction under chs. 48 and 938 may take judicial notice of any deferred
3prosecution agreement, consent decree, dispositional order, sentence, extension of a
4consent decree, dispositional order or sentence or any other finding or order in the
5records of the child maintained by that court or the municipal court.
AB130-SSA1,166,86 3. In proceedings under this subsection, the child and the parent may retain
7counsel of their own choosing at their own expense, but a child or a parent has no
8right to be represented by appointed counsel in a proceeding under this subsection.
AB130-SSA1,166,259 (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order
10that the child perform community service work for a public agency or nonprofit
11charitable organization that is designated by the court in lieu of making restitution
12or paying the forfeiture. If the parent agrees to perform community service work in
13lieu of making restitution or paying the forfeiture, the court may order that the
14parent perform community service work for a public agency or a nonprofit charitable
15organization that is designated by the court. Community service work may be in lieu
16of restitution only if also agreed to by the public agency or nonprofit charitable
17organization and by the person to whom restitution is owed. The court may utilize
18any available resources, including any community service work program, in ordering
19the child or parent to perform community service work. The number of hours of
20community service work required may not exceed the number determined by
21dividing the amount owed on the restitution or forfeiture by the minimum wage
22established under ch. 104 for adults in nonagriculture, nontipped employment. The
23court shall ensure that the child or parent is provided with a written statement of
24the terms of the community service order and that the community service order is
25monitored.
AB130-SSA1, s. 614
1Section 614. 895.035 (3) of the statutes is amended to read:
AB130-SSA1,167,72 895.035 (3) An adjudication under s. 48.31 938.31 that the child violated a civil
3law or ordinance, is delinquent or is in need of protection and services under s. 48.13
4938.13 (12), based on proof that the child committed the act, subject to its
5admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent
6or parents from denying that the child committed the act that resulted in the injury,
7damage or loss.
AB130-SSA1, s. 615 8Section 615. 895.035 (4) of the statutes, as affected by 1995 Wisconsin Act 24,
9is amended to read:
AB130-SSA1,167,1810 895.035 (4) Except for recovery for graffiti damage under sub. (4m) and for
11recovery for retail theft under s. 943.51, the maximum recovery from any parent or
12parents may not exceed $2,500 the amount specified in s. 799.01 (1) (d) for damages
13resulting from any one act of a child in addition to taxable costs and disbursements
14and reasonable attorney fees, as determined by the court. If 2 or more children in
15the custody of the same parent or parents commit the same act the total recovery may
16not exceed $2,500 the amount specified in s. 799.01 (1) (d), in addition to taxable costs
17and disbursements. The maximum recovery from any parent or parents for retail
18theft by their minor child is established under s. 943.51.
AB130-SSA1, s. 616 19Section 616. 895.035 (6) of the statutes is amended to read:
AB130-SSA1,167,2220 895.035 (6) Any recovery under this section shall be reduced by the amount
21recovered as restitution for the same act under s. 48.245, 48.32, 48.34 (5) or 48.343
22(4)
938.245, 938.32, 938.34 (5) or 938.343 (4).
AB130-SSA1, s. 617 23Section 617. 901.05 (2) (intro.) of the statutes is amended to read:
AB130-SSA1,168,724 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests
25for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to

1HIV and the fact that a person has been ordered or required to submit to such a test
2or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course
3of a civil or criminal action or proceeding or an administrative proceeding, as
4evidence of a person's character or a trait of his or her character for the purpose of
5proving that he or she acted in conformity with that character on a particular
6occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
7the following procedures are used:
AB130-SSA1, s. 618 8Section 618. 901.05 (3) of the statutes is amended to read:
AB130-SSA1,168,129 901.05 (3) The results of a test or tests under s. 48.296 938.296 (4) or 968.38
10(4) and the fact that a person has been ordered to submit to such a test or tests under
11s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or
12criminal action or proceeding or an administrative proceeding.
AB130-SSA1, s. 619 13Section 619. 904.13 (2) of the statutes is amended to read:
AB130-SSA1,168,2014 904.13 (2) In any action or proceeding under ch. 48 938 or chs. 967 to 979,
15evidence of the address of an alleged crime victim or any family member of an alleged
16crime victim or evidence of the name and address of any place of employment of an
17alleged crime victim or any family member of an alleged crime victim is relevant only
18if it meets the criteria under s. 904.01. District attorneys shall make appropriate
19objections if they believe that evidence of this information, which is being elicited by
20any party, is not relevant in the action or proceeding.
AB130-SSA1, s. 620 21Section 620. 905.04 (4) (i) of the statutes is amended to read:
AB130-SSA1,169,322 905.04 (4) (i) Providing services to court in juvenile matters. There is no
23privilege regarding information obtained by an intake worker or dispositional staff
24in the provision of services under s. 48.067 or, 48.069, 938.067 or 938.069. An intake
25worker or dispositional staff member may disclose information obtained while

1providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may
2disclose information obtained while providing services under s. 938.067 or 938.069
3only as provided in s. 938.78
.
AB130-SSA1, s. 621 4Section 621. 906.08 (2) of the statutes is amended to read:
AB130-SSA1,169,115 906.08 (2) Specific instances of conduct. Specific instances of the conduct of
6a witness, for the purpose of attacking or supporting the witness's credibility, other
7than a conviction of crimes a crime or an adjudication of delinquency as provided in
8s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s.
9972.11 (2), if probative of truthfulness or untruthfulness and not remote in time, be
10inquired into on cross-examination of the witness or on cross-examination of a
11witness who testifies to his or her character for truthfulness or untruthfulness.
AB130-SSA1, s. 622 12Section 622. 906.09 (title) of the statutes is amended to read:
AB130-SSA1,169,14 13906.09 (title) Impeachment by evidence of conviction of crime or
14adjudication of delinquency
.
AB130-SSA1, s. 623 15Section 623. 906.09 (1) of the statutes is amended to read:
AB130-SSA1,169,1916 906.09 (1) General rule. For the purpose of attacking the credibility of a
17witness, evidence that the witness has been convicted of a crime or adjudicated
18delinquent
is admissible. The party cross-examining the witness is not concluded
19by the witness's answer.
AB130-SSA1, s. 624 20Section 624. 906.09 (2) of the statutes is amended to read:
AB130-SSA1,169,2321 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of
22delinquency
may be excluded if its probative value is substantially outweighed by
23the danger of unfair prejudice.
AB130-SSA1, s. 625 24Section 625. 906.09 (3) of the statutes is amended to read:
AB130-SSA1,170,4
1906.09 (3) (title) Admissibility of conviction or adjudication. No question
2inquiring with respect to a conviction of a crime or an adjudication of delinquency,
3nor introduction of evidence with respect thereto, shall be permitted until the judge
4determines pursuant to s. 901.04 whether the evidence should be excluded.
AB130-SSA1, s. 626 5Section 626. 906.09 (4) of the statutes is repealed.
AB130-SSA1, s. 627 6Section 627. 906.09 (5) of the statutes is amended to read:
AB130-SSA1,170,97 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not
8render evidence of a conviction or a delinquency adjudication inadmissible.
9Evidence of the pendency of an appeal is admissible.
AB130-SSA1, s. 628 10Section 628. 908.08 (1) of the statutes is amended to read:
AB130-SSA1,170,1411 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under
12s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court
13or hearing examiner may admit into evidence the videotaped oral statement of a
14child who is available to testify, as provided in this section.
AB130-SSA1, s. 629 15Section 629. Chapter 938 of the statutes is created to read:
AB130-SSA1,170,1716 Chapter 938
17 Juvenile justice code
AB130-SSA1,170,1918 Subchapter I
19 General provisions
AB130-SSA1,170,22 20938.01 Title, legislative intent and purposes. (1) This chapter may be
21cited as "The Juvenile Justice Code", and shall be liberally construed in accordance
22with the objectives expressed in this section.
AB130-SSA1,171,2 23(2) It is the intent of the legislature to promote a juvenile justice system capable
24of dealing with the problem of juvenile delinquency, a system which will protect the
25community, impose accountability for violations of law and equip juvenile offenders

1with competencies to live responsibly and productively. To effectuate this intent, the
2legislature declares the following to be equally important purposes of this chapter:
AB130-SSA1,171,33 (a) To protect citizens from juvenile crime.
AB130-SSA1,171,44 (b) To hold each juvenile offender directly accountable for his or her acts.
AB130-SSA1,171,85 (c) To provide an individualized assessment of each alleged and adjudicated
6delinquent juvenile, in order to prevent further delinquent behavior through the
7development of competency in the juvenile offender, so that he or she is more capable
8of living productively and responsibly in the community.
AB130-SSA1,171,119 (d) To provide due process through which each juvenile offender and all other
10interested parties are assured fair hearings, during which constitutional and other
11legal rights are recognized and enforced.
AB130-SSA1,171,1312 (e) To divert juveniles from the juvenile justice system through early
13intervention as warranted, when consistent with the protection of the public.
AB130-SSA1,171,1614 (f) To respond to a juvenile offender's needs for care and treatment, consistent
15with the prevention of delinquency, each juvenile's best interest and protection of the
16public, by allowing the judge to utilize the most effective dispositional option.
AB130-SSA1,171,2117 (g) To ensure that victims and witnesses of acts committed by juveniles that
18result in proceedings under this chapter are, consistent with the provisions of this
19chapter and the Wisconsin constitution, afforded the same rights as victims and
20witnesses of crimes committed by adults, and are treated with dignity, respect,
21courtesy and sensitivity throughout such proceedings.
AB130-SSA1,171,22 22938.02 Definitions. In this chapter:
AB130-SSA1,172,2 23(1) "Adult" means a person who is 18 years of age or older, except that for
24purposes of prosecuting a person who is alleged to have violated any state or federal

1criminal law or any civil law or municipal ordinance, "adult" means a person who has
2attained 17 years of age.
AB130-SSA1,172,3 3(1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
AB130-SSA1,172,8 4(1p) "Alcohol or other drug abuse impairment" means a condition of a person
5which is exhibited by characteristics of habitual lack of self-control in the use of
6alcohol beverages or controlled substances to the extent that the person's health is
7substantially affected or endangered or the person's social or economic functioning
8is substantially disrupted.
AB130-SSA1,172,9 9(1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
AB130-SSA1,172,12 10(2c) "Child caring institution" means a facility operated by a child welfare
11agency licensed under s. 48.60 for the care and maintenance of persons residing in
12that facility.
AB130-SSA1,172,13 13(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130-SSA1,172,15 14(2g) "County department" means a county department under s. 46.215, 46.22
15or 46.23, unless the context requires otherwise.
AB130-SSA1,172,20 16(2m) "Court", when used without further qualification, means the court
17assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
18reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction
19or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal
20court.
AB130-SSA1,172,22 21(3) "Court intake worker" means any person designated to provide intake
22services under s. 938.067.
AB130-SSA1,173,2 23(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
24violated any state or federal criminal law, except as provided in ss. 938.17, 938.18

1and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
2as specified in s. 938.355 (6g).
AB130-SSA1,173,3 3(4) "Department" means the department of corrections.
AB130-SSA1,173,5 4(5) "Developmentally disabled" means having a developmental disability, as
5defined in s. 51.01 (5).
AB130-SSA1,173,6 6(5g) "Drug dependent" has the meaning given in s. 51.01 (8).
AB130-SSA1,173,9 7(6) "Foster home" means any facility that is operated by a person required to
8be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more
9than 4 juveniles unless all of the juveniles are siblings.
AB130-SSA1,173,12 10(7) "Group home" means any facility operated by a person required to be
11licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
12juveniles.
AB130-SSA1,173,14 13(8) "Guardian" means the person named by the court having the duty and
14authority of guardianship.
AB130-SSA1,173,15 15(9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB130-SSA1,173,16 16(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
AB130-SSA1,173,21 17(10) "Judge", if used without further qualification, means the judge of the court
18assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with
19reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of
20criminal jurisdiction or, when used with reference to a juvenile who is subject to s.
21938.17 (2), the judge of the municipal court.
AB130-SSA1,173,25 22(10m) "Juvenile" means a person who is less than 18 years of age, except that
23for purposes of prosecuting a person who is alleged to have violated a state or federal
24criminal law or any civil law or municipal ordinance, "juvenile" does not include a
25person who has attained 17 years of age.
AB130-SSA1,174,3
1(11) "Legal custodian" means a person, other than a parent or guardian, or an
2agency to whom legal custody of a juvenile has been transferred by a court, but does
3not include a person who has only physical custody of the juvenile.
AB130-SSA1,174,9 4(12) "Legal custody" means a legal status created by the order of a court, which
5confers the right and duty to protect, train and discipline a juvenile, and to provide
6food, shelter, legal services, education and ordinary medical and dental care, subject
7to the rights, duties and responsibilities of the guardian of the juvenile and subject
8to any residual parental rights and responsibilities and the provisions of any court
9order.
AB130-SSA1,174,15 10(13) "Parent" means either a biological parent, a husband who has consented
11to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
12the juvenile is a nonmarital child who is not adopted or whose parents do not
13subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
14judicial proceeding to be the biological father. "Parent" does not include any person
15whose parental rights have been terminated.
AB130-SSA1,174,17 16(14) "Physical custody" means actual custody of the person in the absence of
17a court order granting legal custody to the physical custodian.
AB130-SSA1,174,20 18(14m) "Pupil assistance program" means a program provided by a school board
19under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by
20pupils.
AB130-SSA1,174,23 21(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first
22cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or
23direct affinity.
AB130-SSA1,175,3
1(15g) "Secured child caring institution" means a child caring institution
2operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure
3custody persons adjudged delinquent.
AB130-SSA1,175,8 4(15m) "Secured correctional facility" means a correctional institution operated
5or contracted for by the department for holding in secure custody persons adjudged
6delinquent. "Secured correctional facility" includes the facility at which the juvenile
7boot camp program under s. 938.532 is operated, a facility authorized under s.
8938.533 (3) (b) and a facility authorized under s. 938.538 (4) (b).
AB130-SSA1,175,10 9(16) "Secure detention facility" means a locked facility approved by the
10department under s. 301.36 for the secure, temporary holding in custody of juveniles.
AB130-SSA1,175,13 11(17) "Shelter care facility" means a nonsecure place of temporary care and
12physical custody for juveniles, including a holdover room, licensed by the department
13under s. 48.66 (1).
AB130-SSA1,175,19 14(17m) "Special treatment or care" means professional services which need to
15be provided to a juvenile or his or her family to protect the well-being of the juvenile,
16prevent placement of the juvenile outside the home or meet the special needs of the
17juvenile. This term includes medical, psychological or psychiatric treatment, alcohol
18or other drug abuse treatment or other services which the court finds to be necessary
19and appropriate.
AB130-SSA1,175,24 20(17q) "Treatment foster home" means any facility that is operated by a person
21required to be licensed under s. 48.62 (1) (b), that is operated under the supervision
22of the department, a county department or a licensed child welfare agency, and that
23provides to no more than 4 juveniles care, maintenance and structured, professional
24treatment by trained individuals, including the treatment foster parents.
AB130-SSA1,175,25 25(18) "Trial" means a fact-finding hearing to determine jurisdiction.
AB130-SSA1,176,1
1(18m) "Truancy" has the meaning given in s. 118.16 (1) (c).
AB130-SSA1,176,4 2(19) "Type 1 secured correctional facility" means a secured correctional facility,
3but excludes any correctional institution that meets the criteria under sub. (15m)
4solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).
AB130-SSA1,176,7 5(20) "Type 2 secured correctional facility" means a secured correctional facility
6that meets the criteria under sub. (15m) solely because of its status under s. 938.533
7(3) (b) or 938.538 (4) (b).
AB130-SSA1,176,12 8(21) "Victim-witness coordinator" means a person employed or contracted by
9the county board of supervisors under s. 950.06 to enforce the rights of victims and
10witnesses of crimes and to provide services for those victims and witnesses or a
11person employed or contracted by the department of justice to provide the services
12specified in s. 950.08.
AB130-SSA1,176,1413 Subchapter II
14 organization of court
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