AB130-engrossed,42,2521
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
22available for treatment of the child and protection of the public within the juvenile
23justice system, and, where applicable, the mental health system
and the suitability
24of the child for placement in the youthful offender program under s. 48.537 or the
25adult intensive sanctions program under s. 301.048.
AB130-engrossed,43,179
48.185
(1) Subject to sub. (3), venue
Venue for any proceeding under ss.
48.12, 1048.125, 48.13, 48.135
, and 48.14 (1) to (9)
and 48.18 may be in any of the following:
11the county where the child resides, the county where the child is present or, in the
12case of a violation of a state law or a county, town or municipal ordinance, the county
13where the violation occurred. Venue for proceedings brought under subch. VIII is as
14provided in this subsection except where the child has been placed and is living
15outside the home of the child's parent pursuant to a dispositional order, in which case
16venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
17provided in s. 801.50 (5s).
AB130-engrossed,44,222
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
23or aftercare supervision administered by the department
of health and social
24services or a county department
, or of corrective sanctions supervision administered
1by the department
of health and social services or youthful offender supervision
2administered by the department of corrections.
AB130-engrossed,44,1210
48.20
(2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child
11into custody shall make every effort to release the child immediately to the child's
12parent, guardian or legal custodian.
AB130-engrossed,45,419
48.20
(3) If the child is released under sub. (2) (b) to (d)
or (g), the person who
20took the child into custody shall immediately notify the child's parent, guardian and
21legal custodian of the time and circumstances of the release and the person, if any,
22to whom the child was released. If the child is not released under sub. (2), the person
23who took the child into custody shall arrange in a manner determined by the court
24and law enforcement agencies for the child to be interviewed by the intake worker
25under s. 48.067 (2), and shall make a statement in writing with supporting facts of
1the reasons why the child was taken into physical custody and shall give any child
212 years of age or older a copy of the statement in addition to giving a copy to the
3intake worker. When the intake interview is not done in person, the report may be
4read to the intake worker.
AB130-engrossed,45,106
48.20
(7) (a) When a child is interviewed by an intake worker, the intake worker
7shall inform any child
possibly involved in a delinquent act of his or her right to
8counsel and the right against self-incrimination. If the child
who is alleged to be in
9need of protection or services and
who is 12 years of age or older
, the intake worker
10shall inform the child of his or her right to counsel.
AB130-engrossed,46,815
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
16parent, guardian and legal custodian of the reasons for holding the child in custody
17and of the child's whereabouts unless there is reason to believe that notice would
18present imminent danger to the child. If a child who has violated the terms of
19aftercare supervision administered by the department or a county department is
20held in custody, the intake worker shall also notify the department or county
21department, whichever has supervision over the child, of the reasons for holding the
22child in custody, of the child's whereabouts and of the time and place of the detention
23hearing required under s. 48.21. The parent, guardian and legal custodian shall also
24be notified of the time and place of the detention hearing required under s. 48.21, the
25nature and possible consequences of that hearing, the right to counsel under s. 48.23
1regardless of ability to pay, and the right to present and cross-examine witnesses at
2the hearing. If the parent, guardian or legal custodian is not immediately available,
3the intake worker or another person designated by the court shall provide notice as
4soon as possible. When the child is alleged to be in need of protection or services and
5is 12 years of age or older,
or is alleged to have committed a delinquent act, the child
6shall receive the same notice about the detention hearing as the parent, guardian or
7legal custodian. The intake worker shall notify both the child and the child's parent,
8guardian or legal custodian.
AB130-engrossed,46,1210
48.205
(1) (a) Probable cause exists to believe that if the child is not held he or
11she will
commit injury to the person or property of others or cause injury to himself
12or herself or be subject to injury by others;
AB130-engrossed,46,1915
48.205
(1) (c) Probable cause exists to believe that the child will run away or
16be taken away so as to be unavailable for proceedings of the court or its officers or
17proceedings of the division of hearings and appeals in the department of
18administration for revocation of aftercare
, or corrective sanctions
or youthful
19offender supervision.
AB130-engrossed,46,2322
48.205
(1) (c) Probable cause exists to believe that the child will run away or
23be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-engrossed, s. 135r
24Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
25and 385, is amended to read:
AB130-engrossed,47,8
148.208
(1) Probable cause exists to believe that the child has committed a
2delinquent act and either presents a substantial risk of physical harm to another
3person or a substantial risk of running away as evidenced by a previous act or
4attempt so as to be unavailable for a court hearing or a revocation hearing for
5children on aftercare
, or corrective sanctions
or youthful offender supervision. For
6children on aftercare
, or corrective sanctions
or youthful offender supervision, the
7delinquent act referred to in this section may be the act for which the child was placed
8in a secured correctional facility.
AB130-engrossed, s. 136
9Section
136. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
10and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-engrossed,48,215
48.21
(1) (a) If a child who has been taken into custody is not released under
16s. 48.20, a hearing to determine whether the child shall continue to be held in custody
17under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
18court commissioner within 24 hours of the time the decision to hold the child was
19made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
20a petition under s. 48.25 shall be filed, except that no petition need be filed where a
21child is taken into custody under s. 48.19 (1) (b) or (d) 2.
, 6. or 7. or where the child
22is a runaway from another state, in which case a written statement of the reasons
23for holding a child in custody shall be substituted if the petition is not filed. If no
24hearing has been held within 24 hours or if no petition or statement has been filed
1at the time of the hearing, the child shall be released except as provided in par. (b).
2A parent not present at the hearing shall be granted a rehearing upon request.
AB130-engrossed,48,85
48.21
(3) Proceedings concerning children in need of protection or
6services. (intro.) Proceedings concerning a child who comes within the jurisdiction
7of the court under s. 48.13
(1) to (5) or (8) to (11) shall be conducted according to this
8subsection.
AB130-engrossed,48,1614
48.227
(4) (b) If, in addition to jurisdiction under par. (c), the court has
15jurisdiction over the child under ss.
48.12 48.13 to 48.14, excluding s. 48.14 (8),
or
16under ss. 938.12 to 938.14, a hearing may be held under s. 48.21
or 938.21.
AB130-engrossed,49,518
48.227
(4) (e) 2. That, with the consent of the child and the runaway home, the
19child remain in the care of the runaway home for a period of not more than 20 days.
20Without further proceedings, the child shall be released whenever the child
21indicates, either by statement or conduct, that he or she wishes to leave the home or
22whenever the runaway home withdraws its consent. During this time period not to
23exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
24may not remove the child from the home but may confer with the child or with the
25person operating the home. If, at the conclusion of the time period ordered by the
1court the child has not left the home, and no petition concerning the child has been
2filed under s.
48.12 or 48.13
, 938.12 or 938.13, the child shall be released from the
3home. If a petition concerning the child has been filed under s.
48.12 or 48.13
, 938.12
4or 938.13, the child may be held in temporary physical custody under ss. 48.20 to
548.21
or 938.20 to 938.21.
AB130-engrossed, s. 148m
6Section 148m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377, 385 and 491, is amended to read:
AB130-engrossed,49,148
48.23
(1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
9detention facility shall be represented by counsel at all stages of the proceedings, but
10a child 15 years of age or older may waive counsel if the court is satisfied that the
11waiver is knowingly and voluntarily made and the court accepts the waiver. If the
12waiver is accepted, the court may not place the child in a secured correctional facility
,
13transfer legal custody of the child to the department of corrections for participation
14in the youthful offender program or transfer jurisdiction over the child to adult court.
AB130-engrossed, s. 148p
15Section 148p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
16377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
17read:
AB130-engrossed,49,2118
48.23
(1) (a) Any child held in a secure detention facility shall be represented
19by counsel at all stages of the proceedings, but a child 15 years of age or older may
20waive counsel if the court is satisfied that the waiver is knowingly and voluntarily
21made and the court accepts the waiver.
AB130-engrossed,50,21
148.23
(4) Providing counsel. In any situation under this section in which a
2person has a right to be represented by counsel or is provided counsel at the
3discretion of the court and counsel is not knowingly and voluntarily waived, the court
4shall refer the person to the state public defender and counsel shall be appointed by
5the state public defender under s. 977.08 without a determination of indigency. If the
6referral is of a person who has filed a petition under s. 48.375 (7), the state public
7defender shall appoint counsel within 24 hours after that referral. Any counsel
8appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
9in any appeal brought under s. 809.105 unless the child requests substitution of
10counsel or extenuating circumstances make it impossible for counsel to continue to
11represent the child. In any situation under sub. (2) in which a parent 18 years of age
12or older is entitled to representation by counsel; counsel is not knowingly and
13voluntarily waived; and it appears that the parent is unable to afford counsel in full,
14or the parent so indicates; the court shall refer the parent to the authority for
15indigency determinations specified under s. 977.07 (1). In any other situation under
16this section in which a person has a right to be represented by counsel or is provided
17counsel at the discretion of the court, competent and independent counsel shall be
18provided and reimbursed in any manner suitable to the court regardless of the
19person's ability to pay
, except that the court may not order a person who files a
20petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named
21as the respondent in that petition.
AB130-engrossed,51,524
48.24
(1) Except where a citation has been issued under s. 48.17 (2),
25information Information indicating that a child should be referred to the court as
1delinquent, in need of protection or services
or in violation of a civil law or a county,
2town or municipal ordinance shall be referred to the intake worker, who shall
3conduct an intake inquiry on behalf of the court to determine whether the available
4facts establish prima facie jurisdiction and to determine the best interests of the child
5and of the public with regard to any action to be taken.
AB130-engrossed,51,118
48.24
(2m) (a) 2. Any child alleged to be
delinquent or in need of protection and
9services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or
10(b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of
11those sections.
AB130-engrossed,52,614
48.24
(5) The intake worker shall recommend that a petition be filed, enter into
15an informal disposition or close the case within 40 days or sooner of receipt of referral
16information. If the case is closed or an informal disposition is entered into, the
17district attorney, corporation counsel or other official under s. 48.09 shall receive
18written notice of such action.
A notice of informal disposition of an alleged
19delinquency case shall include a summary of facts surrounding the allegation and
20a list of prior intake referrals and dispositions. If a law enforcement officer has made
21a recommendation concerning the child, the intake worker shall forward this
22recommendation to the district attorney, corporation counsel or other official under
23s. 48.09. With respect to petitioning a child to be in need of protection or services,
24information received more than 40 days before filing the petition may be included to
25establish a condition or pattern which, together with information received within the
140-day period, provides a basis for conferring jurisdiction on the court.
2Notwithstanding the requirements of this section, the district attorney may initiate
3a delinquency petition under s. 48.25 within 20 days after notice that the case has
4been closed or that an informal disposition has been made. The judge shall dismiss
5with prejudice any such petition which is not referred or filed within the time limits
6specified within this subsection.
AB130-engrossed,52,139
48.243
(1) (intro.) Before conferring with the parent or child during the intake
10inquiry, the intake worker shall personally inform
a child alleged to have committed
11a delinquent act, and parents and children 12 years of age or older who are the focus
12of an inquiry regarding the need for protection or services
, that the referral may
13result in a petition to the court and:
AB130-engrossed,52,1615
48.243
(1) (b) The nature and possible consequences of the proceedings
16including the provisions of ss. 48.17, 48.18 and 48.366 if applicable;
AB130-engrossed,52,2118
48.243
(1) (c) The right to remain silent and the fact that
in a delinquency
19proceeding the silence of the child shall not be adversely considered by the court or
20jury, although silence of any party may be relevant
in any nondelinquency
21proceeding;
AB130-engrossed,53,223
48.243
(1) (h) The right to have the allegations of the petition proved by clear
24and convincing evidence
unless the child comes within the court's jurisdiction under
1s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable
2doubt.
AB130-engrossed,53,115
48.245
(1) The intake worker may enter into a written agreement with all
6parties which imposes informal disposition under this section if the intake worker
7has determined that neither the interests of the child nor of the public require filing
8of a petition for circumstances relating to ss.
48.12
48.13 to 48.14. Informal
9disposition shall be available only if the facts persuade the intake worker that the
10jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
11guardian and legal custodian.
