Engrossed Amendment SSA1-AB130

AB130-SSA1,184,2 (8) Make interim recommendations to the court concerning juveniles awaiting final disposition under s. 938.355.

AB130-SSA1,184,5 (9) Perform any other functions ordered by the court, and assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.

AB130-SSA1,184,9 938.069 Powers and duties of disposition staff. (1) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter shall:

AB130-SSA1,184,11 (a) Supervise and assist a juvenile under a deferred prosecution agreement, a consent decree or an order of the court.

AB130-SSA1,184,12 (b) Offer individual and family counseling.

AB130-SSA1,184,15 (c) Make an affirmative effort to obtain necessary or desired services for the juvenile and the juvenile's family and investigate and develop resources toward that end.

AB130-SSA1,184,17 (d) Prepare reports for the court recommending a plan of rehabilitation, treatment and care.

AB130-SSA1,184,19 (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or a secured child caring institution.

AB130-SSA1,184,21 (e) Perform any other functions consistent with this chapter which are ordered by the court.

AB130-SSA1,184,24 (2) Licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested.

AB130-SSA1,185,3 (3) A court or county department responsible for disposition staff may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.

AB130-SSA1,185,6 (4) Disposition staff employed to perform the duties specified in sub. (1) after November 18, 1978, shall have the qualifications required under the county merit system.

AB130-SSA1,185,10 938.07 Additional sources of court services. If the county board of supervisors has complied with s. 938.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources:

AB130-SSA1,185,16 (2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.

AB130-SSA1,185,24 (3) County department in populous counties. In counties having a population of 500,000 or more, the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care to any juvenile whose need therefor, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in s. 938.207.

AB130-SSA1,186,6 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a juvenile if special treatment or care has been ordered under s. 938.34 (6) and if s. 938.362 (4) applies.

AB130-SSA1,186,13 938.08 Duties of person furnishing services to court. (1) It is the duty of each person appointed to furnish services to the court as provided in ss. 938.06 and 938.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon as the judge directs.

AB130-SSA1,186,19 (2) Except as provided in sub. (3), any person authorized to provide or providing intake or dispositional services for the court under ss. 938.067 and 938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB130-SSA1,186,23 (3) (a) In addition to the law enforcement authority specified in sub. (2), department personnel designated by the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

AB130-SSA1,186,25 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or secured child caring institution.

AB130-SSA1,187,2 2. If the juvenile has failed to return to a secured correctional facility or secured child caring institution after any authorized absence.

AB130-SSA1,187,6 (b) A juvenile taken into custody under par. (a) may be returned directly to the secured correctional facility or secured child caring institution and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

AB130-SSA1,187,8 938.09 Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:

AB130-SSA1,187,9 (1) By the district attorney, in any matter arising under s. 938.12.

AB130-SSA1,187,15 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130-SSA1,187,17 (3) By the city, village or town attorney, in any matter concerning a city, village or town ordinance violation, respectively, arising under s. 938.125.

AB130-SSA1,187,19 (4) By any appropriate person designated by the county board of supervisors in any matter concerning a noncity ordinance violation arising under s. 938.125.

AB130-SSA1,187,25 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130-SSA1,188,2 (6) By any appropriate person designated by the county board of supervisors in any matter arising under s. 938.14.

AB130-SSA1,188,7 938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or a deferred prosecution agreement is entered into, the judge shall be disqualified from participating further in the proceedings.

AB130-SSA1,188,9 SUBCHAPTER III JURISDICTION

AB130-SSA1,188,12 938.12 Jurisdiction over juveniles alleged to be delinquent. (1) The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18 and 938.183, over any juvenile 10 years of age or over who is alleged to be delinquent.

AB130-SSA1,188,16 (2) If a court proceeding has been commenced under this section before a juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB130-SSA1,188,20 938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over any juvenile alleged to have violated a law punishable by forfeiture or a county, town or other municipal ordinance, except as follows:

AB130-SSA1,188,21 (1) As provided under s. 938.17.

AB130-SSA1,189,2 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m).

AB130-SSA1,189,5 938.13 Jurisdiction over juveniles alleged to be in need of protection or services. The court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court, and:

AB130-SSA1,189,7 (4) Whose parent or guardian signs the petition requesting jurisdiction and states that he or she is unable to control the juvenile.

AB130-SSA1,189,11 (6) Who is habitually truant from school, if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

AB130-SSA1,189,12 (6m) Who is a school dropout, as defined in s. 118.153 (1) (b).

AB130-SSA1,189,16 (7) Who is habitually truant from home and either the juvenile or a parent, guardian or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.

AB130-SSA1,189,18 (12) Who, being under 10 years of age, has committed a delinquent act as defined in s. 938.12.

AB130-SSA1,189,21 (14) Who has been determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or who has been determined, under s. 938.30 (5) (d), to be not competent to proceed.

AB130-SSA1,189,25 938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) If a juvenile alleged to be delinquent or in need of protection or services is before the court and it appears that the juvenile is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

AB130-SSA1,190,3 (2) Any voluntary or involuntary admissions, placements or commitments of a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than a commitment under s. 938.34 (6) (am) shall be governed by ch. 51 or 55.

AB130-SSA1,190,6 938.14 Jurisdiction over interstate compact proceedings. The court has exclusive jurisdiction over proceedings under the interstate compact for juveniles under s. 938.991.

AB130-SSA1,190,14 938.15 Jurisdiction of other courts to determine legal custody. Nothing contained in s. 938.12, 938.13 or 938.14 deprives other courts of the right to determine the legal custody of juveniles by habeas corpus or to determine the legal custody or guardianship of juveniles if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of ss. 938.12 to 938.14.

AB130-SSA1,191,3 938.17 Jurisdiction over traffic, boating, snowmobile and all-terrain vehicle violations and over civil law and ordinance violations. (1) Traffic, boating, snowmobile and all-terrain vehicle violations. Except for ss. 342.06 (2) and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs, courts of criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings against juveniles 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic violations as defined in s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a secure detention facility. A juvenile convicted of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:

AB130-SSA1,191,5 (a) The court may disregard any minimum period of incarceration specified for the offense.

AB130-SSA1,191,8 (b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a secure detention facility.

AB130-SSA1,191,13 (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in s. 938.34, including placement of the juvenile in a secured correctional facility under s. 938.34 (4m), if appropriate.

AB130-SSA1,191,24 (2) Civil law and ordinance violations. (a) 1. Except as provided in sub. (1), municipal courts have concurrent jurisdiction with the court assigned to exercise jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 10 or older for violations of county, town or other municipal ordinances. If evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the juvenile's absence from school as provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under s. 938.13 (6).

AB130-SSA1,192,2 2. a. In this subdivision, "administrative center" means the main administrative offices of a school district.

AB130-SSA1,192,6 b. The municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the same municipality as the administrative center of the school district in which the juvenile is enrolled, if that municipality has adopted an ordinance under s. 118.163.

AB130-SSA1,192,11 c. If the municipality specified under subd. 2. b. has not adopted an ordinance under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the municipality where the school in which the juvenile is enrolled is located, if that municipality has adopted an ordinance under s. 118.163.

AB130-SSA1,192,15 d. If the municipality specified under subd. 2. c. has not adopted an ordinance under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the municipality where the juvenile resides, if that municipality has adopted an ordinance under s. 118.163.

AB130-SSA1,192,17 3. When a juvenile is alleged to have violated a municipal ordinance, the juvenile may be:

AB130-SSA1,192,19 a. Issued a citation directing the juvenile to appear in municipal court or make a deposit or stipulation and deposit in lieu of appearance;

AB130-SSA1,192,22 b. Issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237; or

AB130-SSA1,192,25 c. Referred to intake for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.

AB130-SSA1,193,4 (b) When a juvenile 10 years of age or older is alleged to have violated a civil law punishable by a forfeiture or where a juvenile is alleged to have violated a municipal ordinance but there is no municipal court in the municipality, the juvenile may be:

AB130-SSA1,193,7 1. Issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237; or

AB130-SSA1,193,10 2. Referred to intake for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.

AB130-SSA1,193,22 (c) The citation procedures described in ch. 800 shall govern proceedings involving juveniles in municipal court, except that this chapter shall govern the taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon a citation alleging the juvenile to have violated a civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent, guardian and legal custodian within 7 days. The agency issuing a citation to a juvenile who is 10 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 938.24 for informational purposes only.

AB130-SSA1,194,11 (cg) After a citation is issued, unless the juvenile and his or her parent, guardian and legal custodian voluntarily appear, the municipal court may issue a summons requiring the parent, guardian and legal custodian of the juvenile to appear personally at any hearing involving the juvenile and, if the court so orders, to bring the juvenile before the court at a time and place stated. Section 938.273 shall govern the service of a summons under this paragraph, except that the expense of service or publication of a summons and of the travelling expenses and fees as allowed in ch. 885 of a person summoned shall be a charge on the municipality of the court issuing the summons when approved by the court. If any person summoned under this paragraph fails without reasonable cause to appear, he or she may be proceeded against for contempt of court under s. 785.06. If a summons cannot be served or if the person served fails to obey the summons or if it appears to the court that the service will be ineffectual, a capias may be issued for the juvenile and for the parent, guardian and legal custodian.

AB130-SSA1,194,16 (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. or 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-SSA1,195,6 (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

AB130-SSA1,195,10 (e) If a municipal court finds that a juvenile violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2), the court shall enter a dispositional order under s. 938.344 that is authorized under par. (cm).

AB130-SSA1,195,14 (f) If the act the juvenile committed resulted in personal injury or damage to or loss of the property of another, the municipal court shall, to the extent possible, provide each known victim of the act with the information contained in the notice required under s. 938.346.

AB130-SSA1,195,17 (g) If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1) that is consistent with the municipal ordinance.

AB130-SSA1,196,3 (h) 1. If a juvenile who has violated a municipal ordinance violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. or 4. that are authorized under par. (cm) or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanctions specified in s. 938.355 (6) (d) 1. or 3. that are authorized under par. (cm) if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB130-SSA1,196,8 2. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney or the court that entered the dispositional order. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian or legal custodian.

AB130-SSA1,196,10 3. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence.

AB130-SSA1,196,15 (3) Safety at sporting events. Notwithstanding sub. (2), courts of criminal or civil jurisdiction have exclusive jurisdiction in proceedings against juveniles under s. 167.32 or under a local ordinance strictly conforming to s. 167.32. A juvenile convicted of a violation under s. 167.32 or under a local ordinance strictly conforming to s. 167.32 shall be treated as an adult for sentencing purposes.

AB130-SSA1,196,19 938.18 Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing. (1) (a) Subject to s. 938.183, a juvenile or district attorney may apply to the court to waive its jurisdiction under this chapter in any of the following situations:

AB130-SSA1,196,22 1. If the juvenile is alleged to have violated s. 161.41 (1), 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2) or 943.32 (2) on or after the juvenile's 14th birthday.

AB130-SSA1,197,2 2. If the juvenile is alleged to have committed, on or after the juvenile's 14th birthday, a violation, at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948 if committed by an adult.

AB130-SSA1,197,4 3. If the juvenile is alleged to have violated any state criminal law on or after the juvenile's 15th birthday.

AB130-SSA1,197,7 (b) The judge may also initiate a petition for waiver in any of the situations described in par. (a) if the judge disqualifies himself or herself from any future proceedings on the case.

AB130-SSA1,197,14 (2) The waiver hearing shall be brought on by filing a petition alleging delinquency drafted under s. 938.255 and a petition for waiver of jurisdiction which shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication.

AB130-SSA1,197,19 (2r) If it appears that the juvenile may be suitable for participation in the serious juvenile offender program under s. 938.538 or the adult intensive sanctions program under s. 301.048, the judge shall order the department to submit a written report analyzing the juvenile's suitability for participation in those programs and recommending whether the juvenile should be placed in either of those programs.

AB130-SSA1,198,2 (3) (a) The juvenile shall be represented by counsel at the waiver hearing. Written notice of the time, place and purpose of the hearing shall be given to the juvenile, any parent, guardian or legal custodian, and counsel at least 3 days prior to the hearing. The notice shall contain a statement of the requirements of s. 938.29 (2) with regard to substitution of the judge. Where parents entitled to notice have the same address, notice to one constitutes notice to the other. Counsel for the juvenile shall have access to the social records and other reports consistent with s. 938.293.

AB130-SSA1,198,5 (b) The juvenile has the right to present testimony on his or her own behalf including expert testimony and has the right to cross-examine witnesses at the hearing.

AB130-SSA1,198,6 (c) The juvenile does not have the right to a jury at a hearing under this section.

AB130-SSA1,198,8 (4) (a) The court shall determine whether the matter has prosecutive merit before proceeding to determine if it should waive jurisdiction.

AB130-SSA1,198,12 (b) If a petition for waiver of jurisdiction is contested, the court, after taking relevant testimony which the district attorney shall present and considering other relevant evidence, shall base its decision whether to waive jurisdiction on the criteria specified in sub. (5).

AB130-SSA1,198,19 (c) If a petition for waiver of jurisdiction is uncontested, the court shall inquire into the capacity of the juvenile to knowingly, intelligently and voluntarily decide not to contest the waiver of jurisdiction. If the court is satisfied that the decision not to contest the waiver of jurisdiction is knowingly, intelligently and voluntarily made, no testimony need be taken and the court, after considering the petition for waiver of jurisdiction and other relevant evidence in the record before the court, shall base its decision whether to waive jurisdiction on the criteria specified in sub. (5).

AB130-SSA1,198,21 (5) If prosecutive merit is found, the court shall base its decision whether to waive jurisdiction on the following criteria:

AB130-SSA1,199,4 (a) The personality and prior record of the juvenile, including whether the juvenile is mentally ill or developmentally disabled, whether the court has previously waived its jurisdiction over the juvenile, whether the juvenile has been previously convicted following a waiver of the court's jurisdiction or has been previously found delinquent, whether such conviction or delinquency involved the infliction of serious bodily injury, the juvenile's motives and attitudes, the juvenile's physical and mental maturity, the juvenile's pattern of living, prior offenses, prior treatment history and apparent potential for responding to future treatment.