AB130: Bill Text Engrossed

AB130-engrossed, s. 563 Section 563. 885.37 (1) (a) 2. of the statutes is amended to read:

AB130-engrossed,171,16 885.37 (1) (a) 2. The person is a child or parent subject to ch. 48 or 938.

AB130-engrossed, s. 564m Section 564m. 895.035 (2m) of the statutes is created to read:

AB130-engrossed,172,6 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32, 938.34 (5) or 938.343 (4) as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the child will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence.

AB130-engrossed,172,18 (b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the child will not pay the forfeiture as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB130-engrossed,173,5 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or forfeiture unpaid, but not as to the amount of the restitution or forfeiture originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or forfeiture and the ability of the child or the parent to pay the restitution or forfeiture. In considering the ability of the child or the parent to pay the restitution or forfeiture, the court may consider the assets, as well as the income, of the child or the parent and may consider the future ability of the child or parent to pay the restitution or forfeiture within the time specified in s. 893.40.

AB130-engrossed,173,10 2. In proceedings under this subsection, the court assigned to exercise jurisdiction under chs. 48 and 938 may take judicial notice of any deferred prosecution agreement, consent decree, dispositional order, sentence, extension of a consent decree, dispositional order or sentence or any other finding or order in the records of the child maintained by that court or the municipal court.

AB130-engrossed,173,13 3. In proceedings under this subsection, the child and the parent may retain counsel of their own choosing at their own expense, but a child or a parent has no right to be represented by appointed counsel in a proceeding under this subsection.

AB130-engrossed,174,5 (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

AB130-engrossed, s. 565 Section 565. 895.035 (3) of the statutes is amended to read:

AB130-engrossed,174,12 895.035 (3) An adjudication under s. 48.31 938.31 that the child violated a civil law or ordinance, is delinquent or is in need of protection and services under s. 48.13 938.13 (12), based on proof that the child committed the act, subject to its admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent or parents from denying that the child committed the act that resulted in the injury, damage or loss.

AB130-engrossed, s. 566 Section 566. 895.035 (4) of the statutes is amended to read:

AB130-engrossed,174,22 895.035 (4) Except for recovery for retail theft under s. 943.51, the maximum recovery from any parent or parents may not exceed $2,500 the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a child in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more children in the custody of the same parent or parents commit the same act the total recovery may not exceed $2,500 the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

AB130-engrossed, s. 567 Section 567. 895.035 (6) of the statutes is amended to read:

AB130-engrossed,175,3 895.035 (6) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under s. 48.245, 48.32, 48.34 (5) or 48.343 (4) 938.245, 938.32, 938.34 (5) or 938.343 (4).

AB130-engrossed, s. 568 Section 568. 901.05 (2) (intro.) of the statutes is amended to read:

AB130-engrossed,175,13 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and the fact that a person has been ordered or required to submit to such a test or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

AB130-engrossed, s. 569 Section 569. 901.05 (3) of the statutes is amended to read:

AB130-engrossed,175,18 901.05 (3) The results of a test or tests under s. 48.296 938.296 (4) or 968.38 (4) and the fact that a person has been ordered to submit to such a test or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.

AB130-engrossed, s. 570 Section 570. 904.13 (2) of the statutes is amended to read:

AB130-engrossed,176,2 904.13 (2) In any action or proceeding under ch. 48 938 or chs. 967 to 979, evidence of the address of an alleged crime victim or any family member of an alleged crime victim or evidence of the name and address of any place of employment of an alleged crime victim or any family member of an alleged crime victim is relevant only if it meets the criteria under s. 904.01. District attorneys shall make appropriate objections if they believe that evidence of this information, which is being elicited by any party, is not relevant in the action or proceeding.

AB130-engrossed, s. 571 Section 571. 905.04 (4) (i) of the statutes is amended to read:

AB130-engrossed,176,10 905.04 (4) (i) Providing services to court in juvenile matters. There is no privilege regarding information obtained by an intake worker or dispositional staff in the provision of services under s. 48.067 or, 48.069, 938.067 or 938.069. An intake worker or dispositional staff member may disclose information obtained while providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may disclose information obtained while providing services under s. 938.067 or 938.069 only as provided in s. 938.78.

AB130-engrossed, s. 572 Section 572. 906.08 (2) of the statutes is amended to read:

AB130-engrossed,176,18 906.08 (2) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's credibility, other than a conviction of crimes a crime or an adjudication of delinquency as provided in s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s. 972.11 (2), if probative of truthfulness or untruthfulness and not remote in time, be inquired into on cross-examination of the witness or on cross-examination of a witness who testifies to his or her character for truthfulness or untruthfulness.

AB130-engrossed, s. 573 Section 573. 906.09 (title) of the statutes is amended to read:

AB130-engrossed,176,21 906.09 (title) Impeachment by evidence of conviction of crime or adjudication of delinquency.

AB130-engrossed, s. 574 Section 574. 906.09 (1) of the statutes is amended to read:

AB130-engrossed,177,2 906.09 (1) General rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime or adjudicated delinquent is admissible. The party cross-examining the witness is not concluded by the witness's answer.

AB130-engrossed, s. 575 Section 575. 906.09 (2) of the statutes is amended to read:

AB130-engrossed,177,6 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of delinquency may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.

AB130-engrossed, s. 576 Section 576. 906.09 (3) of the statutes is amended to read:

AB130-engrossed,177,11 906.09 (3) (title) Admissibility of conviction or adjudication. No question inquiring with respect to a conviction of a crime or an adjudication of delinquency, nor introduction of evidence with respect thereto, shall be permitted until the judge determines pursuant to s. 901.04 whether the evidence should be excluded.

AB130-engrossed, s. 577 Section 577. 906.09 (4) of the statutes is repealed.

AB130-engrossed, s. 578 Section 578. 906.09 (5) of the statutes is amended to read:

AB130-engrossed,177,16 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction or a delinquency adjudication inadmissible. Evidence of the pendency of an appeal is admissible.

AB130-engrossed, s. 579 Section 579. 908.08 (1) of the statutes is amended to read:

AB130-engrossed,177,21 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

AB130-engrossed, s. 580 Section 580. Chapter 938 of the statutes is created to read:

AB130-engrossed,177,24 Chapter 938 Juvenile justice code

AB130-engrossed,178,2 Subchapter I General provisions

AB130-engrossed,178,5 938.01 Title, legislative intent and purposes. (1) This chapter may be cited as "The Juvenile Justice Code", and shall be liberally construed in accordance with the objectives expressed in this section.

AB130-engrossed,178,10 (2) It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:

AB130-engrossed,178,11 (a) To protect citizens from juvenile crime.

AB130-engrossed,178,12 (b) To hold each juvenile offender directly accountable for his or her acts.

AB130-engrossed,178,16 (c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.

AB130-engrossed,178,19 (d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.

AB130-engrossed,178,21 (e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.

AB130-engrossed,178,24 (f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the judge to utilize the most effective dispositional option.

AB130-engrossed,179,5 (g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with the provisions of this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy and sensitivity throughout such proceedings.

AB130-engrossed,179,6 938.02 Definitions. In this chapter:

AB130-engrossed,179,10 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

AB130-engrossed,179,11 (1m) "Alcoholism" has the meaning given in s. 51.01 (1m).

AB130-engrossed,179,16 (1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages or controlled substances to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

AB130-engrossed,179,17 (1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).

AB130-engrossed,179,20 (2c) "Child caring institution" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of persons residing in that facility.

AB130-engrossed,179,21 (2d) "Controlled substance" has the meaning given in s. 161.01 (4).

AB130-engrossed,179,23 (2g) "County department" means a county department under s. 46.215, 46.22 or 46.23, unless the context requires otherwise.

AB130-engrossed,180,3 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction.

AB130-engrossed,180,5 (3) "Court intake worker" means any person designated to provide intake services under s. 938.067.

AB130-engrossed,180,9 (3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).

AB130-engrossed,180,10 (4) "Department" means the department of health and social services.

AB130-engrossed,180,12 (5) "Developmentally disabled" means having a developmental disability, as defined in s. 51.01 (5).

AB130-engrossed,180,13 (5g) "Drug dependent" has the meaning given in s. 51.01 (8).

AB130-engrossed,180,16 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings.

AB130-engrossed,180,19 (7) "Group home" means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 children.

AB130-engrossed,180,21 (8) "Guardian" means the person named by the court having the duty and authority of guardianship.

AB130-engrossed,180,22 (9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB130-engrossed,180,23 (9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).

AB130-engrossed,181,2 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of criminal jurisdiction.

AB130-engrossed,181,6 (10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

AB130-engrossed,181,9 (11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of the juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.

AB130-engrossed,181,15 (12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline the juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB130-engrossed,181,21 (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

AB130-engrossed,181,23 (14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.

AB130-engrossed,182,3 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by pupils.

AB130-engrossed,182,6 (15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or direct affinity.

AB130-engrossed,182,9 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure custody persons adjudged delinquent.

AB130-engrossed,182,15 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a facility authorized under s. 938.538 (4) (b).

AB130-engrossed,182,18 (16) "Secure detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.

AB130-engrossed,182,21 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1).

AB130-engrossed,183,2 (17m) "Special treatment or care" means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile. This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.

AB130-engrossed,183,7 (17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.

AB130-engrossed,183,8 (18) "Trial" means a fact-finding hearing to determine jurisdiction.

AB130-engrossed,183,9 (18m) "Truancy" has the meaning given in s. 118.16 (1) (c).

AB130-engrossed,183,12 (19) "Type 1 secured correctional facility" means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).

AB130-engrossed,183,15 (20) "Type 2 secured correctional facility" means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).

AB130-engrossed,183,20 (21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under s. 950.06 to enforce the rights of victims and witnesses of crimes and to provide services for those victims and witnesses or a person employed or contracted by the department of justice to provide the services specified in s. 950.08.

AB130-engrossed,183,22 Subchapter II organization of court