AB130: Bill Text Engrossed

AB130-engrossed,44,12 48.20 (2) (ag) Except as provided in pars. (b) to (g) (d), a person taking a child into custody shall make every effort to release the child immediately to the child's parent, guardian or legal custodian.

AB130-engrossed, s. 126 Section 126. 48.20 (2) (cm) of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 127 Section 127. 48.20 (2) (e) of the statutes is repealed.

AB130-engrossed, s. 128 Section 128. 48.20 (2) (f) of the statutes is repealed.

AB130-engrossed, s. 129 Section 129. 48.20 (2) (g) of the statutes is repealed.

AB130-engrossed, s. 130 Section 130. 48.20 (3) of the statutes is amended to read:

AB130-engrossed,45,4 48.20 (3) If the child is released under sub. (2) (b) to (d) or (g), the person who took the child into custody shall immediately notify the child's parent, guardian and legal custodian of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.

AB130-engrossed, s. 131 Section 131. 48.20 (7) (a) of the statutes is amended to read:

AB130-engrossed,45,10 48.20 (7) (a) When a child is interviewed by an intake worker, the intake worker shall inform any child possibly involved in a delinquent act of his or her right to counsel and the right against self-incrimination. If the child who is alleged to be in need of protection or services and who is 12 years of age or older, the intake worker shall inform the child of his or her right to counsel.

AB130-engrossed, s. 132 Section 132. 48.20 (7) (c) 1m. of the statutes, as created by 1993 Wisconsin Act 385, is repealed.

AB130-engrossed, s. 133 Section 133. 48.20 (8) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,46,8 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. If a child who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under s. 48.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is alleged to be in need of protection or services and is 12 years of age or older, or is alleged to have committed a delinquent act, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian.

AB130-engrossed, s. 134 Section 134. 48.205 (1) (a) of the statutes is amended to read:

AB130-engrossed,46,12 48.205 (1) (a) Probable cause exists to believe that if the child is not held he or she will commit injury to the person or property of others or cause injury to himself or herself or be subject to injury by others;

AB130-engrossed, s. 135m Section 135m. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,46,19 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers or proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare, or corrective sanctions or youthful offender supervision.

AB130-engrossed, s. 135p Section 135p. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,46,23 48.205 (1) (c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.

AB130-engrossed, s. 135r Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB130-engrossed,47,8 48.208 (1) Probable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court hearing or a revocation hearing for children on aftercare, or corrective sanctions or youthful offender supervision. For children on aftercare, or corrective sanctions or youthful offender supervision, the delinquent act referred to in this section may be the act for which the child was placed in a secured correctional facility.

AB130-engrossed, s. 136 Section 136. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.

AB130-engrossed, s. 137 Section 137. 48.208 (2) of the statutes is repealed.

AB130-engrossed, s. 138 Section 138. 48.208 (5) of the statutes is repealed.

AB130-engrossed, s. 139 Section 139. 48.209 (3) of the statutes is repealed.

AB130-engrossed, s. 140 Section 140. 48.21 (1) (a) of the statutes is amended to read:

AB130-engrossed,48,2 48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile court commissioner within 24 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2., 6. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

AB130-engrossed, s. 141 Section 141. 48.21 (2) of the statutes is repealed.

AB130-engrossed, s. 142 Section 142. 48.21 (3) (intro.) of the statutes is amended to read:

AB130-engrossed,48,8 48.21 (3) Proceedings concerning children in need of protection or services. (intro.) Proceedings concerning a child who comes within the jurisdiction of the court under s. 48.13 (1) to (5) or (8) to (11) shall be conducted according to this subsection.

AB130-engrossed, s. 143 Section 143. 48.21 (4m) of the statutes is repealed.

AB130-engrossed, s. 144 Section 144. 48.22 of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 145 Section 145. 48.225 of the statutes is repealed.

AB130-engrossed, s. 146 Section 146. 48.227 (4) (b) of the statutes is amended to read:

AB130-engrossed,48,16 48.227 (4) (b) If, in addition to jurisdiction under par. (c), the court has jurisdiction over the child under ss. 48.12 48.13 to 48.14, excluding s. 48.14 (8), or under ss. 938.12 to 938.14, a hearing may be held under s. 48.21 or 938.21.

AB130-engrossed, s. 147 Section 147. 48.227 (4) (e) 2. of the statutes is amended to read:

AB130-engrossed,49,5 48.227 (4) (e) 2. That, with the consent of the child and the runaway home, the child remain in the care of the runaway home for a period of not more than 20 days. Without further proceedings, the child shall be released whenever the child indicates, either by statement or conduct, that he or she wishes to leave the home or whenever the runaway home withdraws its consent. During this time period not to exceed 20 days ordered by the court, the child's parent, guardian or legal custodian may not remove the child from the home but may confer with the child or with the person operating the home. If, at the conclusion of the time period ordered by the court the child has not left the home, and no petition concerning the child has been filed under s. 48.12 or 48.13, 938.12 or 938.13, the child shall be released from the home. If a petition concerning the child has been filed under s. 48.12 or 48.13, 938.12 or 938.13, the child may be held in temporary physical custody under ss. 48.20 to 48.21 or 938.20 to 938.21.

AB130-engrossed, s. 148m Section 148m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB130-engrossed,49,14 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the child in a secured correctional facility, transfer legal custody of the child to the department of corrections for participation in the youthful offender program or transfer jurisdiction over the child to adult court.

AB130-engrossed, s. 148p Section 148p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,49,21 48.23 (1) (a) Any child held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a child 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver.

AB130-engrossed, s. 149 Section 149. 48.23 (1) (am) of the statutes is repealed.

AB130-engrossed, s. 150 Section 150. 48.23 (2m) of the statutes is repealed.

AB130-engrossed, s. 150d Section 150d. 48.23 (4) of the statutes is amended to read:

AB130-engrossed,50,21 48.23 (4) Providing counsel. In any situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) in which a parent 18 years of age or older is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, 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 child who is named as the respondent in that petition.

AB130-engrossed, s. 151 Section 151. 48.237 of the statutes is repealed.

AB130-engrossed, s. 152 Section 152. 48.24 (1) of the statutes is amended to read:

AB130-engrossed,51,5 48.24 (1) Except where a citation has been issued under s. 48.17 (2), information Information indicating that a child should be referred to the court as delinquent, in need of protection or services or in violation of a civil law or a county, town or municipal ordinance shall be referred to the intake worker, who shall conduct an intake inquiry on behalf of the court to determine whether the available facts establish prima facie jurisdiction and to determine the best interests of the child and of the public with regard to any action to be taken.

AB130-engrossed, s. 153 Section 153. 48.24 (2m) (a) 1. of the statutes is repealed.

AB130-engrossed, s. 154 Section 154. 48.24 (2m) (a) 2. of the statutes is amended to read:

AB130-engrossed,51,11 48.24 (2m) (a) 2. Any child alleged to be delinquent or in need of protection and services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of those sections.

AB130-engrossed, s. 155 Section 155. 48.24 (2m) (a) 3. of the statutes is repealed.

AB130-engrossed, s. 156 Section 156. 48.24 (5) of the statutes is amended to read:

AB130-engrossed,52,6 48.24 (5) The intake worker shall recommend that a petition be filed, enter into an informal disposition or close the case within 40 days or sooner of receipt of referral information. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel or other official under s. 48.09 shall receive written notice of such action. A notice of informal disposition of an alleged delinquency case shall include a summary of facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the child, the intake worker shall forward this recommendation to the district attorney, corporation counsel or other official under s. 48.09. With respect to petitioning a child to be in need of protection or services, information received more than 40 days before filing the petition may be included to establish a condition or pattern which, together with information received within the 40-day period, provides a basis for conferring jurisdiction on the court. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 48.25 within 20 days after notice that the case has been closed or that an informal disposition has been made. The judge shall dismiss with prejudice any such petition which is not referred or filed within the time limits specified within this subsection.

AB130-engrossed, s. 157 Section 157. 48.24 (7) of the statutes is repealed.

AB130-engrossed, s. 158 Section 158. 48.243 (1) (intro.) of the statutes is amended to read:

AB130-engrossed,52,13 48.243 (1) (intro.) Before conferring with the parent or child during the intake inquiry, the intake worker shall personally inform a child alleged to have committed a delinquent act, and parents and children 12 years of age or older who are the focus of an inquiry regarding the need for protection or services, that the referral may result in a petition to the court and:

AB130-engrossed, s. 159 Section 159. 48.243 (1) (b) of the statutes is amended to read:

AB130-engrossed,52,16 48.243 (1) (b) The nature and possible consequences of the proceedings including the provisions of ss. 48.17, 48.18 and 48.366 if applicable;

AB130-engrossed, s. 160 Section 160. 48.243 (1) (c) of the statutes is amended to read:

AB130-engrossed,52,21 48.243 (1) (c) The right to remain silent and the fact that in a delinquency proceeding the silence of the child shall not be adversely considered by the court or jury, although silence of any party may be relevant in any nondelinquency proceeding;

AB130-engrossed, s. 161 Section 161. 48.243 (1) (h) of the statutes is amended to read:

AB130-engrossed,53,2 48.243 (1) (h) The right to have the allegations of the petition proved by clear and convincing evidence unless the child comes within the court's jurisdiction under s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable doubt.

AB130-engrossed, s. 162 Section 162. 48.243 (1m) of the statutes is repealed.

AB130-engrossed, s. 163 Section 163. 48.245 (1) of the statutes is amended to read:

AB130-engrossed,53,11 48.245 (1) The intake worker may enter into a written agreement with all parties which imposes informal disposition under this section if the intake worker has determined that neither the interests of the child nor of the public require filing of a petition for circumstances relating to ss. 48.12 48.13 to 48.14. Informal disposition shall be available only if the facts persuade the intake worker that the jurisdiction of the court, if sought, would exist and upon consent of the child, parent, guardian and legal custodian.

AB130-engrossed, s. 164 Section 164. 48.245 (2) (a) 5. of the statutes is repealed.

AB130-engrossed, s. 165 Section 165. 48.245 (2) (a) 6. of the statutes is repealed.

AB130-engrossed, s. 166 Section 166. 48.245 (2) (a) 7. of the statutes is repealed.

AB130-engrossed, s. 167 Section 167. 48.245 (2) (b) of the statutes is amended to read:

AB130-engrossed,53,17 48.245 (2) (b) Informal disposition may not include any form of residential placement and may not exceed 6 months, except as provided under sub. (2m).

AB130-engrossed, s. 168 Section 168. 48.245 (2m) of the statutes is repealed.

AB130-engrossed, s. 169 Section 169. 48.245 (6) of the statutes is repealed.

AB130-engrossed, s. 170 Section 170. 48.245 (7) of the statutes is amended to read:

AB130-engrossed,54,5 48.245 (7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the cancellation of the informal disposition, the intake worker shall notify the district attorney, corporation counsel or other official under s. 48.09 of the cancellation and recommend whether or not a petition should be filed. In delinquency cases, the district attorney may initiate a petition within 20 days after the date of the notice regardless of whether the intake worker has recommended that a petition be filed. The judge shall dismiss with prejudice any petition which is not filed within the time limit specified in this subsection.

AB130-engrossed, s. 171 Section 171. 48.245 (8) of the statutes is amended to read:

AB130-engrossed,54,11 48.245 (8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian and legal custodian in writing, and no petition may be filed or citation issued on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under ss. 48.13 to 48.14.

AB130-engrossed, s. 172 Section 172. 48.25 (1) of the statutes is amended to read:

AB130-engrossed,54,22 48.25 (1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. If a petition under s. 48.12 is to be filed, it shall be prepared, signed and filed by the district attorney. The district attorney, city attorney or corporation counsel or other appropriate official specified under s. 48.09 may file the petition if the proceeding is under s. 48.125 or 48.13. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under s. 48.13 or 48.14. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under s. 48.14 in a manner specified by the court.

AB130-engrossed, s. 173 Section 173. 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended to read:

AB130-engrossed,55,19 48.25 (2) If the proceeding is brought under s. 48.12, 48.125 or 48.13, the district attorney, corporation counsel or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's recommendation was filed. A referral back to intake may be made only when the district attorney, corporation counsel or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days. If another referral is made to the district attorney, corporation counsel or other appropriate official, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge upon a showing of good cause under s. 48.315. If a petition is not filed within the time limitations set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall dismiss with prejudice a petition which was not timely filed unless the court finds at the plea hearing that good cause has been shown for failure to meet the time limitations.

AB130-engrossed, s. 174 Section 174. 48.25 (2) (b) of the statutes is repealed.

AB130-engrossed, s. 175 Section 175. 48.25 (3) of the statutes is amended to read:

AB130-engrossed,56,2 48.25 (3) If the district attorney, city attorney or corporation counsel or other appropriate official specified in s. 48.09 refuses to file a petition, any person may request the judge to order that the petition be filed and a hearing shall be held on the request. The judge may order the filing of the petition on his or her own motion. The matter may not be heard by the judge who orders the filing of a petition.

AB130-engrossed, s. 176 Section 176. 48.25 (4) of the statutes is repealed.

AB130-engrossed, s. 177 Section 177. 48.25 (5) of the statutes is repealed.

AB130-engrossed, s. 177m Section 177m. 48.255 (1) (intro.) of the statutes is amended to read:

AB130-engrossed,56,11 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled, "In the interest of (child's name), a person under the age of 18", and. A petition initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity:

AB130-engrossed, s. 177p Section 177p. 48.255 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,56,16 48.255 (1) (intro.) A petition initiating proceedings under this chapter shall be entitled, "In the interest of (child's name), a person under the age of 18", and shall set forth with specificity: