AB130,172,10 9906.09 (title) Impeachment by evidence of conviction of crime or
10adjudication of delinquency
.
AB130, s. 574 11Section 574. 906.09 (1) of the statutes is amended to read:
AB130,172,1512 906.09 (1) General rule. For the purpose of attacking the credibility of a
13witness, evidence that the witness has been convicted of a crime or adjudicated
14delinquent
is admissible. The party cross-examining the witness is not concluded
15by the witness's answer.
AB130, s. 575 16Section 575. 906.09 (2) of the statutes is amended to read:
AB130,172,1917 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of
18delinquency
may be excluded if its probative value is substantially outweighed by
19the danger of unfair prejudice.
AB130, s. 576 20Section 576. 906.09 (3) of the statutes is amended to read:
AB130,172,2421 906.09 (3) (title) Admissibility of conviction or adjudication. No question
22inquiring with respect to a conviction of a crime or an adjudication of delinquency,
23nor introduction of evidence with respect thereto, shall be permitted until the judge
24determines pursuant to s. 901.04 whether the evidence should be excluded.
AB130, s. 577 25Section 577. 906.09 (4) of the statutes is repealed.
AB130, s. 578
1Section 578. 906.09 (5) of the statutes is amended to read:
AB130,173,42 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not
3render evidence of a conviction or a delinquency adjudication inadmissible.
4Evidence of the pendency of an appeal is admissible.
AB130, s. 579 5Section 579. 908.08 (1) of the statutes is amended to read:
AB130,173,96 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under
7s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court
8or hearing examiner may admit into evidence the videotaped oral statement of a
9child who is available to testify, as provided in this section.
AB130, s. 580 10Section 580. Chapter 938 of the statutes is created to read:
AB130,173,1211 Chapter 938
12 Juvenile justice code
AB130,173,1413 Subchapter I
14 General provisions
AB130,173,17 15938.01 Title, legislative intent and purposes. (1) This chapter may be
16cited as "The Juvenile Justice Code", and shall be liberally construed in accordance
17with the objectives expressed in this section.
AB130,173,22 18(2) It is the intent of the legislature to promote a juvenile justice system capable
19of dealing with the problem of juvenile delinquency, a system which will protect the
20community, impose accountability for violations of law and equip juvenile offenders
21with competencies to live responsibly and productively. To effectuate this intent, the
22legislature declares the following to be equally important purposes of this chapter:
AB130,173,2323 (a) To protect citizens from juvenile crime.
AB130,173,2424 (b) To hold each juvenile offender directly accountable for his or her acts.
AB130,174,4
1(c) To provide an individualized assessment of each alleged and adjudicated
2delinquent juvenile, in order to prevent further delinquent behavior through the
3development of competency in the juvenile offender, so that he or she is more capable
4of living productively and responsibly in the community.
AB130,174,75 (d) To provide due process through which each juvenile offender and all other
6interested parties are assured fair hearings, during which constitutional and other
7legal rights are recognized and enforced.
AB130,174,98 (e) To divert juveniles from the juvenile justice system through early
9intervention as warranted, when consistent with the protection of the public.
AB130,174,1210 (f) To respond to a juvenile offender's needs for care and treatment, consistent
11with the prevention of delinquency, each juvenile's best interest and protection of the
12public, by allowing the judge to utilize the most effective dispositional option.
AB130,174,1713 (g) To ensure that victims and witnesses of acts committed by juveniles that
14result in proceedings under this chapter are, consistent with the provisions of this
15chapter and the Wisconsin constitution, afforded the same rights as victims and
16witnesses of crimes committed by adults, and are treated with dignity, respect,
17courtesy and sensitivity throughout such proceedings.
AB130,174,18 18938.02 Definitions. In this chapter:
AB130,174,21 19(1) "Adult" means a person who is 17 years of age or older, except that "adult"
20does not include a person 17 years of age who comes within the jurisdiction of the
21court under s. 938.13 (4), (6), (6m) or (7).
AB130,174,22 22(1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
AB130,175,2 23(1p) "Alcohol or other drug abuse impairment" means a condition of a person
24which is exhibited by characteristics of habitual lack of self-control in the use of
25alcohol beverages or controlled substances to the extent that the person's health is

1substantially affected or endangered or the person's social or economic functioning
2is substantially disrupted.
AB130,175,3 3(1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
AB130,175,6 4(2c) "Child caring institution" means a facility operated by a child welfare
5agency licensed under s. 48.60 for the care and maintenance of persons residing in
6that facility.
AB130,175,7 7(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130,175,9 8(2g) "County department" means a county department under s. 46.215, 46.22
9or 46.23, unless the context requires otherwise.
AB130,175,12 10(2m) "Court", when used without further qualification, means the court
11assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
12reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction.
AB130,175,14 13(3) "Court intake worker" means any person designated to provide intake
14services under s. 938.067.
AB130,175,18 15(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
16violated any state or federal criminal law, except as provided in ss. 938.17, 938.18
17and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
18as specified in s. 938.355 (6g).
AB130,175,19 19(4) "Department" means the department of health and social services.
AB130,175,21 20(5) "Developmentally disabled" means having a developmental disability, as
21defined in s. 51.01 (5).
AB130,175,22 22(5g) "Drug dependent" has the meaning given in s. 51.01 (8).
AB130,175,25 23(6) "Foster home" means any facility that is operated by a person required to
24be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more
25than 4 children unless all of the children are siblings.
AB130,176,3
1(7) "Group home" means any facility operated by a person required to be
2licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
3children.
AB130,176,5 4(8) "Guardian" means the person named by the court having the duty and
5authority of guardianship.
AB130,176,6 6(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
AB130,176,10 7(10) "Judge", if used without further qualification, means the judge of the court
8assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with
9reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of
10criminal jurisdiction.
AB130,176,13 11(10m) "Juvenile" means a person who is less than 17 years of age, except that
12"juvenile" includes a person 17 years of age who comes within the jurisdiction of the
13court under s. 938.125 or 938.13 (4), (6), (6m) or (7).
AB130,176,16 14(11) "Legal custodian" means a person, other than a parent or guardian, or an
15agency to whom legal custody of the juvenile has been transferred by a court, but does
16not include a person who has only physical custody of the juvenile.
AB130,176,22 17(12) "Legal custody" means a legal status created by the order of a court, which
18confers the right and duty to protect, train and discipline the juvenile, and to provide
19food, shelter, legal services, education and ordinary medical and dental care, subject
20to the rights, duties and responsibilities of the guardian of the juvenile and subject
21to any residual parental rights and responsibilities and the provisions of any court
22order.
AB130,177,3 23(13) "Parent" means either a biological parent, a husband who has consented
24to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
25the juvenile is a nonmarital child who is not adopted or whose parents do not

1subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
2judicial proceeding to be the biological father. "Parent" does not include any person
3whose parental rights have been terminated.
AB130,177,5 4(14) "Physical custody" means actual custody of the person in the absence of
5a court order granting legal custody to the physical custodian.
AB130,177,8 6(14m) "Pupil assistance program" means a program provided by a school board
7under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by
8pupils.
AB130,177,11 9(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first
10cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or
11direct affinity.
AB130,177,14 12(15g) "Secured child caring institution" means a child caring institution
13operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure
14custody persons adjudged delinquent.
AB130,177,20 15(15m) "Secured correctional facility" means a correctional institution operated
16or contracted for by the department of health and social services or the department
17of corrections for holding in secure custody persons adjudged delinquent. "Secured
18correctional facility" includes the facility at which the juvenile boot camp program
19under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a
20facility authorized under s. 938.537 (4) (b).
AB130,177,23 21(16) "Secure detention facility" means a locked facility approved by the
22department of corrections under s. 301.36 for the secure, temporary holding in
23custody of children.
AB130,178,3
1(17) "Shelter care facility" means a nonsecure place of temporary care and
2physical custody for children, including a holdover room, licensed by the department
3under s. 48.66 (1).
AB130,178,9 4(17m) "Special treatment or care" means professional services which need to
5be provided to a juvenile or his or her family to protect the well-being of the juvenile,
6prevent placement of the juvenile outside the home or meet the special needs of the
7juvenile. This term includes medical, psychological or psychiatric treatment, alcohol
8or other drug abuse treatment or other services which the court finds to be necessary
9and appropriate.
AB130,178,14 10(17q) "Treatment foster home" means any facility that is operated by a person
11required to be licensed under s. 48.62 (1) (b), that is operated under the supervision
12of the department, a county department or a licensed child welfare agency, and that
13provides to no more than 4 children care, maintenance and structured, professional
14treatment by trained individuals, including the treatment foster parents.
AB130,178,15 15(18) "Trial" means a fact-finding hearing to determine jurisdiction.
AB130,178,18 16(19) "Type 1 secured correctional facility" means a secured correctional facility,
17but excludes any correctional institution that meets the criteria under sub. (15m)
18solely because of its status under s. 938.533 (3) (b) or 938.537 (4) (b).
AB130,178,21 19(20) "Type 2 secured correctional facility" means a secured correctional facility
20that meets the criteria under sub. (15m) solely because of its status under s. 938.533
21(3) (b) or 938.537 (4) (b).
AB130,178,24 22(21) "Victim-witness coordinator" means a person employed or contracted by
23the county board of supervisors under s. 950.06 to enforce the rights of victims and
24witnesses of crimes and to provide services for those victims and witnesses.
AB130,179,2
1Subchapter II
2 organization of court
AB130,179,5 3938.03 Time and place of court; absence or disability of judge; court of
4record. (1)
The judge shall set apart a time and place to hold court on juvenile
5matters.
AB130,179,10 6(2) In the case of the absence or disability of the judge of a court assigned to
7exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned
8under s. 751.03 to act temporarily in the judge's place. If the judge assigned
9temporarily is from a circuit other than the one for which elected, the judge shall
10receive expenses as provided under s. 753.073.
AB130,179,14 11938.06 Services for court. (1) Counties with a population of 500,000 or more.
12In counties with a population of 500,000 or more, the children's court center under
13s. 48.06 (1) shall provide the services necessary for investigating and supervising
14cases under this chapter.
AB130,179,18 15(2) Counties with a population under 500,000. In counties with a population of
16under 500,000, the county department or court or both, as provided in s. 48.06 (2),
17shall provide the intake services required under s. 938.067 and the staff needed to
18carry out the objectives and provisions of this chapter under s. 938.069.
AB130,179,22 19(3) Intake services. The court or county department responsible for providing
20intake services under s. 938.067 shall specify one or more persons to provide intake
21services. If there is more than one such worker, one of the workers shall be
22designated as chief worker and shall supervise other workers.
AB130,180,5 23(4) State aid. State aid to any county for juvenile delinquency-related court
24services under this section shall be at the same net effective rate that each county
25is reimbursed for county administration under s. 49.52, except as provided in s.

146.26. Counties having a population of less than 500,000 may use funds received
2under ss. 46.26 and 49.52 (1) (d), including county or federal revenue sharing funds
3allocated to match funds received under s. 49.52 (1) (d), for the cost of providing court
4attached intake services in amounts not to exceed 50% of the cost of providing court
5attached intake services or $30,000 per county per calendar year, whichever is less.
AB130,180,10 6(5) Short-term detention as a disposition. The county board of supervisors
7of any county may, by resolution, authorize the court to use placement in a secure
8detention facility or juvenile portion of the county jail as a disposition under s. 938.34
9(3) (f). The use by the court of those placements as a disposition is subject to any
10resolution adopted under this subsection.
AB130,180,11 11938.065 Juvenile court commissioners.
AB130,180,13 12(2) Under this chapter a juvenile court commissioner appointed under s.
1348.065, if authorized to do so by a judge, may do any of the following:
AB130,180,1414 (a) Issue summonses.
AB130,180,1615 (b) Conduct hearings under s. 938.21 and thereafter order a juvenile held in or
16released from custody.
AB130,180,1717 (d) Conduct plea hearings.
AB130,180,1818 (dm) Issue orders requiring compliance with deferred prosecution agreements.
AB130,180,1919 (e) Enter into consent decrees.
AB130,180,2020 (f) Conduct prehearing conferences.
AB130,180,2121 (g) Conduct all proceedings on petitions or citations under s. 938.125.
AB130,180,2222 (gm) Conduct uncontested proceedings under s. 938.12, 938.13 or 938.18.
AB130,180,2423 (h) Perform such other duties, not in conflict with this chapter, as the judge may
24direct.
AB130,180,25 25(3) The juvenile court commissioner may not do any of the following:
AB130,181,1
1(a) Conduct waiver hearings under s. 938.18 except as provided in sub. (2) (g).
AB130,181,32 (b) Conduct fact-finding or dispositional hearings except petitions or citations
3under s. 938.125 and except as provided in sub. (2) (gm).
AB130,181,64 (c) Make dispositions other than ordering compliance with deferred
5prosecution agreements and approving consent decrees and other than dispositions
6in uncontested proceedings under s. 938.12 or 938.13.
AB130,181,97 (e) Make changes in placements of juveniles, or revisions or extensions of
8dispositional orders, except pursuant to petitions or citations under s. 938.125 and
9except in uncontested proceedings under s. 938.12 or 938.13.
AB130,181,1010 (f) Make any dispositional order under s. 938.34 (4g) or (4m).
AB130,181,14 11(4) When acting officially, the juvenile court commissioner shall sit at the
12courthouse or the usual court facility for juvenile delinquency matters. Any decision
13of the juvenile court commissioner shall be reviewed by the judge upon the request
14of any interested party.
AB130,181,17 15938.067 Powers and duties of intake workers. To carry out the objectives
16and provisions of this chapter but subject to its limitations, intake workers shall do
17all of the following:
AB130,181,19 18(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of
19screening juveniles taken into custody and not released under s. 938.20 (2).
AB130,182,6 20(2) Interview, unless impossible, any juvenile who is taken into physical
21custody and not released, and where appropriate interview other available
22concerned parties. If the juvenile cannot be interviewed, the intake worker shall
23consult with the juvenile's parent or a responsible adult. No juvenile may be placed
24in a secure detention facility unless the juvenile has been interviewed in person by
25an intake worker, except that if the intake worker is in a place which is distant from

1the place where the juvenile is or the hour is unreasonable, as defined by written
2court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake
3worker, after consulting by telephone with the law enforcement officer who took the
4juvenile into custody, may authorize the secure holding of the juvenile while the
5intake worker is en route to the in-person interview or until 8 a.m. of the morning
6after the night on which the juvenile was taken into custody.
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