AB130-engrossed,172,618 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
19938.34 (5) or 938.343 (4) as ordered by a court assigned to exercise jurisdiction under
20chs. 48 and 938 or a municipal court or as agreed to in a deferred prosecution
21agreement or if it appears likely that the child will not pay restitution as ordered or
22agreed to, the victim, the victim's insurer, the representative of the public interest
23under s. 938.09 or the agency, as defined in s. 938.38 (1) (a), supervising the child may
24petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that
25the amount of restitution unpaid by the child be entered and docketed as a judgment

1against the child and the parent with custody of the child. A petition under this
2paragraph may be filed after the expiration of the deferred prosecution agreement,
3consent decree, dispositional order or sentence under which the restitution is
4payable, but no later than one year after the expiration of the deferred prosecution
5agreement, consent decree, dispositional order or sentence or any extension of the
6consent decree, dispositional order or sentence.
AB130-engrossed,172,187 (b) If a child fails to pay a forfeiture as ordered by a court assigned to exercise
8jurisdiction under chs. 48 and 938 or a municipal court or if it appears likely that the
9child will not pay the forfeiture as ordered, the representative of the public interest
10under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or
11the law enforcement agency that issued the citation to the child may petition the
12court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount
13of the forfeiture unpaid by the child be entered and docketed as a judgment against
14the child and the parent with custody of the child. A petition under this paragraph
15may be filed after the expiration of the dispositional order or sentence under which
16the forfeiture is payable, but no later than one year after the expiration of the
17dispositional order or sentence or any extension of the dispositional order or
18sentence.
AB130-engrossed,173,519 (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to
20exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice
21of the intent to issue the order and an opportunity to be heard regarding the order.
22The court shall give the child and the parent an opportunity to present evidence as
23to the amount of the restitution or forfeiture unpaid, but not as to the amount of the
24restitution or forfeiture originally ordered. The court shall also give the child and
25the parent an opportunity to present evidence as to the reason for the failure to pay

1the restitution or forfeiture and the ability of the child or the parent to pay the
2restitution or forfeiture. In considering the ability of the child or the parent to pay
3the restitution or forfeiture, the court may consider the assets, as well as the income,
4of the child or the parent and may consider the future ability of the child or parent
5to pay the restitution or forfeiture within the time specified in s. 893.40.
AB130-engrossed,173,106 2. In proceedings under this subsection, the court assigned to exercise
7jurisdiction under chs. 48 and 938 may take judicial notice of any deferred
8prosecution agreement, consent decree, dispositional order, sentence, extension of a
9consent decree, dispositional order or sentence or any other finding or order in the
10records of the child maintained by that court or the municipal court.
AB130-engrossed,173,1311 3. In proceedings under this subsection, the child and the parent may retain
12counsel of their own choosing at their own expense, but a child or a parent has no
13right to be represented by appointed counsel in a proceeding under this subsection.
AB130-engrossed,174,514 (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order
15that the child perform community service work for a public agency or nonprofit
16charitable organization that is designated by the court in lieu of making restitution
17or paying the forfeiture. If the parent agrees to perform community service work in
18lieu of making restitution or paying the forfeiture, the court may order that the
19parent perform community service work for a public agency or a nonprofit charitable
20organization that is designated by the court. Community service work may be in lieu
21of restitution only if also agreed to by the public agency or nonprofit charitable
22organization and by the person to whom restitution is owed. The court may utilize
23any available resources, including any community service work program, in ordering
24the child or parent to perform community service work. The number of hours of
25community service work required may not exceed the number determined by

1dividing the amount owed on the restitution or forfeiture by the minimum wage
2established under ch. 104 for adults in nonagriculture, nontipped employment. The
3court shall ensure that the child or parent is provided with a written statement of
4the terms of the community service order and that the community service order is
5monitored.
AB130-engrossed, s. 565 6Section 565. 895.035 (3) of the statutes is amended to read:
AB130-engrossed,174,127 895.035 (3) An adjudication under s. 48.31 938.31 that the child violated a civil
8law or ordinance, is delinquent or is in need of protection and services under s. 48.13
9938.13 (12), based on proof that the child committed the act, subject to its
10admissibility under s. 904.10, shall, in an action under sub. (1), stop a child's parent
11or parents from denying that the child committed the act that resulted in the injury,
12damage or loss.
AB130-engrossed, s. 566 13Section 566. 895.035 (4) of the statutes is amended to read:
AB130-engrossed,174,2214 895.035 (4) Except for recovery for retail theft under s. 943.51, the maximum
15recovery from any parent or parents may not exceed $2,500 the amount specified in
16s. 799.01 (1) (d)
for damages resulting from any one act of a child in addition to
17taxable costs and disbursements and reasonable attorney fees, as determined by the
18court. If 2 or more children in the custody of the same parent or parents commit the
19same act the total recovery may not exceed $2,500 the amount specified in s. 799.01
20(1) (d)
, in addition to taxable costs and disbursements. The maximum recovery from
21any parent or parents for retail theft by their minor child is established under s.
22943.51.
AB130-engrossed, s. 567 23Section 567. 895.035 (6) of the statutes is amended to read:
AB130-engrossed,175,3
1895.035 (6) Any recovery under this section shall be reduced by the amount
2recovered as restitution for the same act under s. 48.245, 48.32, 48.34 (5) or 48.343
3(4)
938.245, 938.32, 938.34 (5) or 938.343 (4).
AB130-engrossed, s. 568 4Section 568. 901.05 (2) (intro.) of the statutes is amended to read:
AB130-engrossed,175,135 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests
6for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
7HIV and the fact that a person has been ordered or required to submit to such a test
8or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course
9of a civil or criminal action or proceeding or an administrative proceeding, as
10evidence of a person's character or a trait of his or her character for the purpose of
11proving that he or she acted in conformity with that character on a particular
12occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
13the following procedures are used:
AB130-engrossed, s. 569 14Section 569. 901.05 (3) of the statutes is amended to read:
AB130-engrossed,175,1815 901.05 (3) The results of a test or tests under s. 48.296 938.296 (4) or 968.38
16(4) and the fact that a person has been ordered to submit to such a test or tests under
17s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or
18criminal action or proceeding or an administrative proceeding.
AB130-engrossed, s. 570 19Section 570. 904.13 (2) of the statutes is amended to read:
AB130-engrossed,176,220 904.13 (2) In any action or proceeding under ch. 48 938 or chs. 967 to 979,
21evidence of the address of an alleged crime victim or any family member of an alleged
22crime victim or evidence of the name and address of any place of employment of an
23alleged crime victim or any family member of an alleged crime victim is relevant only
24if it meets the criteria under s. 904.01. District attorneys shall make appropriate

1objections if they believe that evidence of this information, which is being elicited by
2any party, is not relevant in the action or proceeding.
AB130-engrossed, s. 571 3Section 571. 905.04 (4) (i) of the statutes is amended to read:
AB130-engrossed,176,104 905.04 (4) (i) Providing services to court in juvenile matters. There is no
5privilege regarding information obtained by an intake worker or dispositional staff
6in the provision of services under s. 48.067 or, 48.069, 938.067 or 938.069. An intake
7worker or dispositional staff member may disclose information obtained while
8providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may
9disclose information obtained while providing services under s. 938.067 or 938.069
10only as provided in s. 938.78
.
AB130-engrossed, s. 572 11Section 572. 906.08 (2) of the statutes is amended to read:
AB130-engrossed,176,1812 906.08 (2) Specific instances of conduct. Specific instances of the conduct of
13a witness, for the purpose of attacking or supporting the witness's credibility, other
14than a conviction of crimes a crime or an adjudication of delinquency as provided in
15s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s.
16972.11 (2), if probative of truthfulness or untruthfulness and not remote in time, be
17inquired into on cross-examination of the witness or on cross-examination of a
18witness who testifies to his or her character for truthfulness or untruthfulness.
AB130-engrossed, s. 573 19Section 573. 906.09 (title) of the statutes is amended to read:
AB130-engrossed,176,21 20906.09 (title) Impeachment by evidence of conviction of crime or
21adjudication of delinquency
.
AB130-engrossed, s. 574 22Section 574. 906.09 (1) of the statutes is amended to read:
AB130-engrossed,177,223 906.09 (1) General rule. For the purpose of attacking the credibility of a
24witness, evidence that the witness has been convicted of a crime or adjudicated

1delinquent
is admissible. The party cross-examining the witness is not concluded
2by the witness's answer.
AB130-engrossed, s. 575 3Section 575. 906.09 (2) of the statutes is amended to read:
AB130-engrossed,177,64 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of
5delinquency
may be excluded if its probative value is substantially outweighed by
6the danger of unfair prejudice.
AB130-engrossed, s. 576 7Section 576. 906.09 (3) of the statutes is amended to read:
AB130-engrossed,177,118 906.09 (3) (title) Admissibility of conviction or adjudication. No question
9inquiring with respect to a conviction of a crime or an adjudication of delinquency,
10nor introduction of evidence with respect thereto, shall be permitted until the judge
11determines pursuant to s. 901.04 whether the evidence should be excluded.
AB130-engrossed, s. 577 12Section 577. 906.09 (4) of the statutes is repealed.
AB130-engrossed, s. 578 13Section 578. 906.09 (5) of the statutes is amended to read:
AB130-engrossed,177,1614 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not
15render evidence of a conviction or a delinquency adjudication inadmissible.
16Evidence of the pendency of an appeal is admissible.
AB130-engrossed, s. 579 17Section 579. 908.08 (1) of the statutes is amended to read:
AB130-engrossed,177,2118 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under
19s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court
20or hearing examiner may admit into evidence the videotaped oral statement of a
21child who is available to testify, as provided in this section.
AB130-engrossed, s. 580 22Section 580. Chapter 938 of the statutes is created to read:
AB130-engrossed,177,2423 Chapter 938
24 Juvenile justice code
AB130-engrossed,178,2
1Subchapter I
2 General provisions
AB130-engrossed,178,5 3938.01 Title, legislative intent and purposes. (1) This chapter may be
4cited as "The Juvenile Justice Code", and shall be liberally construed in accordance
5with the objectives expressed in this section.
AB130-engrossed,178,10 6(2) It is the intent of the legislature to promote a juvenile justice system capable
7of dealing with the problem of juvenile delinquency, a system which will protect the
8community, impose accountability for violations of law and equip juvenile offenders
9with competencies to live responsibly and productively. To effectuate this intent, the
10legislature declares the following to be equally important purposes of this chapter:
AB130-engrossed,178,1111 (a) To protect citizens from juvenile crime.
AB130-engrossed,178,1212 (b) To hold each juvenile offender directly accountable for his or her acts.
AB130-engrossed,178,1613 (c) To provide an individualized assessment of each alleged and adjudicated
14delinquent juvenile, in order to prevent further delinquent behavior through the
15development of competency in the juvenile offender, so that he or she is more capable
16of living productively and responsibly in the community.
AB130-engrossed,178,1917 (d) To provide due process through which each juvenile offender and all other
18interested parties are assured fair hearings, during which constitutional and other
19legal rights are recognized and enforced.
AB130-engrossed,178,2120 (e) To divert juveniles from the juvenile justice system through early
21intervention as warranted, when consistent with the protection of the public.
AB130-engrossed,178,2422 (f) To respond to a juvenile offender's needs for care and treatment, consistent
23with the prevention of delinquency, each juvenile's best interest and protection of the
24public, by allowing the judge to utilize the most effective dispositional option.
AB130-engrossed,179,5
1(g) To ensure that victims and witnesses of acts committed by juveniles that
2result in proceedings under this chapter are, consistent with the provisions of this
3chapter and the Wisconsin constitution, afforded the same rights as victims and
4witnesses of crimes committed by adults, and are treated with dignity, respect,
5courtesy and sensitivity throughout such proceedings.
AB130-engrossed,179,6 6938.02 Definitions. In this chapter:
AB130-engrossed,179,10 7(1) "Adult" means a person who is 18 years of age or older, except that for
8purposes of prosecuting a person who is alleged to have violated any state or federal
9criminal law or any civil law or municipal ordinance, "adult" means a person who has
10attained 17 years of age.
AB130-engrossed,179,11 11(1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
AB130-engrossed,179,16 12(1p) "Alcohol or other drug abuse impairment" means a condition of a person
13which is exhibited by characteristics of habitual lack of self-control in the use of
14alcohol beverages or controlled substances to the extent that the person's health is
15substantially affected or endangered or the person's social or economic functioning
16is substantially disrupted.
AB130-engrossed,179,17 17(1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
AB130-engrossed,179,20 18(2c) "Child caring institution" means a facility operated by a child welfare
19agency licensed under s. 48.60 for the care and maintenance of persons residing in
20that facility.
AB130-engrossed,179,21 21(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130-engrossed,179,23 22(2g) "County department" means a county department under s. 46.215, 46.22
23or 46.23, unless the context requires otherwise.
AB130-engrossed,180,3
1(2m) "Court", when used without further qualification, means the court
2assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
3reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction.
AB130-engrossed,180,5 4(3) "Court intake worker" means any person designated to provide intake
5services under s. 938.067.
AB130-engrossed,180,9 6(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
7violated any state or federal criminal law, except as provided in ss. 938.17, 938.18
8and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
9as specified in s. 938.355 (6g).
AB130-engrossed,180,10 10(4) "Department" means the department of health and social services.
AB130-engrossed,180,12 11(5) "Developmentally disabled" means having a developmental disability, as
12defined in s. 51.01 (5).
AB130-engrossed,180,13 13(5g) "Drug dependent" has the meaning given in s. 51.01 (8).
AB130-engrossed,180,16 14(6) "Foster home" means any facility that is operated by a person required to
15be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more
16than 4 children unless all of the children are siblings.
AB130-engrossed,180,19 17(7) "Group home" means any facility operated by a person required to be
18licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
19children.
AB130-engrossed,180,21 20(8) "Guardian" means the person named by the court having the duty and
21authority of guardianship.
AB130-engrossed,180,22 22(9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB130-engrossed,180,23 23(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
AB130-engrossed,181,2 24(10) "Judge", if used without further qualification, means the judge of the court
25assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with

1reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of
2criminal jurisdiction.
AB130-engrossed,181,6 3(10m) "Juvenile" means a person who is less than 18 years of age, except that
4for purposes of prosecuting a person who is alleged to have violated a state or federal
5criminal law or any civil law or municipal ordinance, "juvenile" does not include a
6person who has attained 17 years of age.
AB130-engrossed,181,9 7(11) "Legal custodian" means a person, other than a parent or guardian, or an
8agency to whom legal custody of the juvenile has been transferred by a court, but does
9not include a person who has only physical custody of the juvenile.
AB130-engrossed,181,15 10(12) "Legal custody" means a legal status created by the order of a court, which
11confers the right and duty to protect, train and discipline the juvenile, and to provide
12food, shelter, legal services, education and ordinary medical and dental care, subject
13to the rights, duties and responsibilities of the guardian of the juvenile and subject
14to any residual parental rights and responsibilities and the provisions of any court
15order.
AB130-engrossed,181,21 16(13) "Parent" means either a biological parent, a husband who has consented
17to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
18the juvenile is a nonmarital child who is not adopted or whose parents do not
19subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
20judicial proceeding to be the biological father. "Parent" does not include any person
21whose parental rights have been terminated.
AB130-engrossed,181,23 22(14) "Physical custody" means actual custody of the person in the absence of
23a court order granting legal custody to the physical custodian.
AB130-engrossed,182,3
1(14m) "Pupil assistance program" means a program provided by a school board
2under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by
3pupils.
AB130-engrossed,182,6 4(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first
5cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or
6direct affinity.
AB130-engrossed,182,9 7(15g) "Secured child caring institution" means a child caring institution
8operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure
9custody persons adjudged delinquent.
AB130-engrossed,182,15 10(15m) "Secured correctional facility" means a correctional institution operated
11or contracted for by the department of health and social services or the department
12of corrections for holding in secure custody persons adjudged delinquent. "Secured
13correctional facility" includes the facility at which the juvenile boot camp program
14under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a
15facility authorized under s. 938.538 (4) (b).
AB130-engrossed,182,18 16(16) "Secure detention facility" means a locked facility approved by the
17department of corrections under s. 301.36 for the secure, temporary holding in
18custody of children.
AB130-engrossed,182,21 19(17) "Shelter care facility" means a nonsecure place of temporary care and
20physical custody for children, including a holdover room, licensed by the department
21under s. 48.66 (1).
AB130-engrossed,183,2 22(17m) "Special treatment or care" means professional services which need to
23be provided to a juvenile or his or her family to protect the well-being of the juvenile,
24prevent placement of the juvenile outside the home or meet the special needs of the
25juvenile. This term includes medical, psychological or psychiatric treatment, alcohol

1or other drug abuse treatment or other services which the court finds to be necessary
2and appropriate.
AB130-engrossed,183,7 3(17q) "Treatment foster home" means any facility that is operated by a person
4required to be licensed under s. 48.62 (1) (b), that is operated under the supervision
5of the department, a county department or a licensed child welfare agency, and that
6provides to no more than 4 children care, maintenance and structured, professional
7treatment by trained individuals, including the treatment foster parents.
AB130-engrossed,183,8 8(18) "Trial" means a fact-finding hearing to determine jurisdiction.
AB130-engrossed,183,9 9(18m) "Truancy" has the meaning given in s. 118.16 (1) (c).
AB130-engrossed,183,12 10(19) "Type 1 secured correctional facility" means a secured correctional facility,
11but excludes any correctional institution that meets the criteria under sub. (15m)
12solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).
AB130-engrossed,183,15 13(20) "Type 2 secured correctional facility" means a secured correctional facility
14that meets the criteria under sub. (15m) solely because of its status under s. 938.533
15(3) (b) or 938.538 (4) (b).
AB130-engrossed,183,20 16(21) "Victim-witness coordinator" means a person employed or contracted by
17the county board of supervisors under s. 950.06 to enforce the rights of victims and
18witnesses of crimes and to provide services for those victims and witnesses or a
19person employed or contracted by the department of justice to provide the services
20specified in s. 950.08.
AB130-engrossed,183,2221 Subchapter II
22 organization of court
AB130-engrossed,183,25 23938.03 Time and place of court; absence or disability of judge; court of
24record. (1)
The judge shall set apart a time and place to hold court on juvenile
25matters.
AB130-engrossed,184,5
1(2) In the case of the absence or disability of the judge of a court assigned to
2exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned
3under s. 751.03 to act temporarily in the judge's place. If the judge assigned
4temporarily is from a circuit other than the one for which elected, the judge shall
5receive expenses as provided under s. 753.073.
AB130-engrossed,184,20 6938.06 Services for court. (1) Counties with a population of 500,000 or
7more.
(a) 1. In counties with a population of 500,000 or more, the county board of
8supervisors shall provide the court with the services necessary for investigating and
9supervising cases by operating a children's court center under the supervision of a
10director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief
11administrative officer of the center and of the intake and probation sections and
12secure detention facilities of the center except as otherwise provided in this
13subsection. The director is charged with administration of the personnel and
14services of the sections and of the secure detention facilities, and is responsible for
15supervising both the operation of the physical plant and the maintenance and
16improvement of the buildings and grounds of the center. The center shall include
17investigative services for all juveniles alleged to be in need of protection or services
18to be provided by the county department, and the services of an assistant district
19attorney or assistant corporation counsel or both, who shall be assigned to the center
20to provide investigative as well as legal work in the cases.
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