AB130: Bill Text

12. Participation in a day treatment program if the juvenile has specialized educational needs.

13. Imposition of a dispositional order and staying the execution of that order contingent on the juvenile's satisfactory compliance with any conditions specified in the order.

14. A forfeiture not to exceed $100 for a violation of a criminal law that is applicable only to a juvenile, for example, possession of a firearm, and a forfeiture not to exceed $50 for a violation of a civil law or municipal ordinance that is applicable only to a juvenile, for example, possession of a tobacco product.

Under current law, the juvenile court intake worker (intake worker) may enter into a written agreement with the juvenile and the juvenile's parent, guardian or legal custodian which imposes an informal disposition if the intake worker determines that neither the interests of the public nor of the juvenile require the filing of a petition. Currently, an informal disposition may require the juvenile and the parent, guardian or legal custodian to appear for counseling and to abide by certain obligations imposed under the agreement, and may require the juvenile to submit to an alcohol or other drug abuse assessment, to participate in alcohol or other drug abuse treatment or education, to pay restitution, to participate in a supervised work program or to participate in a volunteers in probation program. Currently, if the intake worker determines that the obligations under an informal disposition are not being met, the intake worker may cancel the agreement and recommend that a petition be filed. This bill changes the term "informal disposition" to "deferred prosecution" and requires the judge or juvenile court commissioner to enter an order requiring compliance with a deferred prosecution agreement. If the intake worker finds that the juvenile's parent, guardian or legal custodian has failed to meet the obligations imposed under a deferred prosecution agreement, the district attorney may petition the juvenile court for an order requiring the parent, guardian or legal custodian to show good cause for failing to meet those obligations. If the parent, guardian or legal custodian does not show good cause for failing to meet the obligations imposed under the deferred prosecution agreement, the juvenile court may impose a forfeiture not to exceed $1,000.

The bill also permits a juvenile who has satisfactorily complied with the conditions of his or dispositional order to petition the juvenile court, on attaining age 17, to expunge the juvenile court's record of the juvenile's adjudication. The juvenile court may expunge a juvenile's juvenile court record if the juvenile court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expungement.

Sanctions

Under current law, a juvenile court, after a hearing, may impose various sanctions on a juvenile who has been adjudged delinquent and who violates a condition of his or her dispositional order, if at the dispositional hearing the juvenile court explained the conditions to the juvenile and informed the juvenile of the possible sanctions for the violation. The sanctions permitted under current law include placement of the juvenile in a secure detention facility or juvenile portion of a county jail for not more than 10 days, suspension of the juvenile's operating privilege, home detention for not more than 20 days and not more than 25 hours of community service work. This bill permits a juvenile court to place a delinquent juvenile who has violated a condition of a dispositional order in a place of nonsecure custody as a sanction. The bill also permits a juvenile court to impose the current sanctions, other than placement in a secure detention facility or juvenile portion of a county jail, and the nonsecure custody sanction on a juvenile who has been found to be in need of protection or services on the basis of being uncontrollable, a dropout or habitually truant from home or school and who violates a condition of his or her dispositional order.

The bill permits the caseworker of a juvenile who has been adjudged delinquent and who has violated a condition of his or her dispositional order, without a hearing, to take the juvenile into custody and place the juvenile in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody designated by the caseworker for not more than 72 hours while the alleged violation is being investigated, if at the dispositional hearing the juvenile court explained the conditions to the juvenile and informed the juvenile of the possibility of that placement. The bill also permits the caseworker of a juvenile who has been found to be in need of protection or services on the basis of being uncontrollable, a dropout or habitually truant from home or school and who has violated a condition of his or her dispositional order, without a hearing, to take the juvenile into custody and place the juvenile in a place of nonsecure custody designated by the caseworker for not more than 72 hours while the alleged violation is being investigated, if at the dispositional hearing the juvenile court explained the conditions to the juvenile and informed the juvenile of the possibility of that placement. If the juvenile is held for longer than 72 hours, the juvenile is entitled to a sanctions hearing or a hearing on the decision to continue holding the juvenile in custody.

Juvenile firearm possession

Under current law, a juvenile may be held in a secure detention facility if the juvenile intake worker determines that probable cause exists to believe that the juvenile has committed a delinquent act and presents a substantial risk of physical harm to another person. This bill provides that a juvenile is considered to present a substantial risk of physical harm to another person if the juvenile intake worker determines that any of the following conditions applies:

1. Probable cause exists to believe that the juvenile has committed first-degree intentional homicide, first-degree reckless homicide, felony murder, 2nd-degree intentional homicide, substantial battery, aggravated battery, mayhem, first-degree sexual assault, kidnapping, a drive-by shooting, carjacking, armed robbery, sexual assault of a child, repeated sexual assault of a child or physical abuse of a child (violent offense).

2. Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, short-barreled rifle or short-barreled shotgun in committing an offense against life or bodily security (armed violent offense).

3. Probable cause exists to believe that the juvenile has possessed or gone armed with a handgun, short-barreled rifle or short-barreled shotgun (weapons violation).

Currently, one of the dispositions that a juvenile court may impose on a juvenile whom the juvenile court has adjudged delinquent is to place the juvenile in a secured juvenile correctional facility, but only if the juvenile has been found delinquent for committing an act which if committed by an adult would be punishable by a sentence of 6 months or more and the juvenile has been found to be a danger to the public and in need of restrictive custodial treatment. This bill provides that a juvenile is considered to be a danger to the public and to be in need of restrictive custodial treatment if the judge finds that the juvenile has committed a violent offense, an armed violent offense or a weapons violation.

Under current law, a person who gives, sells or loans a dangerous weapon to a child is guilty of a Class D felony, which is punishable by a fine not to exceed $10,000 or imprisonment not to exceed 5 years or both, if the child discharges the firearm and the discharge causes death to the child or another. This bill increases the crime of giving, selling or loaning a dangerous weapon to a child to a Class C felony, which is punishable by a fine not to exceed $10,000 or imprisonment not to exceed 10 years or both, if the child discharges the firearm and the discharge causes death to the child or another.

Under current law, a person who has been convicted of a felony, adjudged delinquent on the basis of a felony or found not guilty of, or not responsible for, a felony by reason of mental disease or defect generally is prohibited from possessing a firearm. Upon conviction, violators may be fined not more than $10,000 or imprisoned for not more than 2 years or both. This bill increases the maximum period of imprisonment to 5 years if a person who has a conviction for illegal firearm possession subsequently violates the same law.

Holding a juvenile in custody

Under current law, a juvenile may be held in secure custody if probable cause exists to believe that the juvenile 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. Currently, for juveniles on aftercare, corrective sanctions or youthful offender supervision, the delinquent act referred to may be the act for which the juvenile was placed in a secured correctional facility. This bill eliminates the requirement that the substantial risk be evidenced by a previous act or attempt. The bill also provides that for a juvenile who is subject to any dispositional order, not just a dispositional order placing the juvenile in a secured correctional facility, the delinquent act referred to may be the act for which the juvenile was adjudged delinquent.

Parental responsibility

Under current law, a parent who has custody of a juvenile is liable in an amount not to exceed $2,500 for damage to property, the value of unrecovered stolen property or personal injury attributable to a wilful, malicious or wanton act of the juvenile other than retail theft. For retail theft, a parent who has custody of a juvenile is liable for the actual damages caused by the juvenile's act plus exemplary damages equal to 2 times the actual damages or $300, whichever is less. This bill provides that the maximum amount of a parent's liability for a wilful, malicious or wanton act of his or her juvenile, other than retail theft, is the jurisdictional limit of the small claims court. Currently, the jurisdictional limit of the small claims court is $4,000.

The bill permits a juvenile court to order that any restitution or forfeiture unpaid by the juvenile be entered and docketed as a judgment against the juvenile and the parent. The juvenile court is required to give the juvenile and parent an opportunity to be heard regarding the amount unpaid. The bill permits the juvenile court to order the juvenile or parent to perform community service work instead of paying the restitution or forfeiture, except that if the juvenile court orders the parent to perform community service work the parent must agree to do that work.

Under current law, a juvenile court may issue a summons requiring the person who has legal custody of a juvenile to appear personally before the court. Currently, if a person summoned by the juvenile court fails to appear, the person may be proceeded against for contempt of court. This bill permits a juvenile court to issue a summons requiring a juvenile's parent (whether custodial or noncustodial), guardian and legal custodian to appear personally at any hearing involving the juvenile.

Current law permits a county, city or village to enact an ordinance requiring a person having under his or her control a juvenile who is between 6 and 18 years of age to cause the juvenile to attend school regularly. This bill permits a town to enact such an ordinance if the town has established a municipal court.

Truancy

The bill makes numerous changes in the compulsory school attendance and truancy laws, including the following:

1. Under current law, before a juvenile court or a municipal court may exercise jurisdiction over a juvenile alleged to be habitually truant, and before a court of general civil jurisdiction may exercise jurisdiction over a parent or guardian alleged to have violated the compulsory school attendance law for failure to cause a juvenile under that person's control to attend school regularly, evidence must be provided to the court that appropriate school personnel have done all of the following within the school year during which the truancy occurred:

a) Met with the juvenile's parent or guardian to discuss the juvenile's truancy or attempted to meet with the parent or guardian and been refused.

b) Provided an opportunity for educational counseling to the juvenile to determine whether changes in the juvenile's curriculum would resolve the juvenile's truancy and considered curriculum modifications.

c) Evaluated the juvenile to determine whether learning problems may be a cause of the juvenile's truancy and, if so, taken steps to overcome the learning problems.

d) Conducted an evaluation to determine whether social problems may be a cause of the juvenile's truancy and, if so, taken appropriate steps or made appropriate referrals.

This bill provides that the requirement under a), above, does not apply if the school attendance officer provides evidence that appropriate school personnel attempted to meet with the juvenile's parent or guardian and received no response. The current exception to this requirement applies only if the juvenile's parent or guardian refused to meet with school personnel.

The bill also provides that the activities under b) to d), above, need not be carried out if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activities due to the juvenile's absences.

Further, the bill provides that the juvenile's need not be evaluated under c) if tests administered within the previous year indicate that the juvenile is performing at his or her grade level.

2. The bill creates a new dispositional alternative for a juvenile found to be in need of protection or services based on habitual truancy or found to have violated a municipal truancy ordinance. The new alternative allows a juvenile or municipal court to order that a work permit not be issued to the juvenile or that a work permit that was already issued to the juvenile be revoked.

3. The bill allows a juvenile court to order the parent, guardian or legal custodian of a habitually truant juvenile to participate in counseling at his or her own expense. It also allows the court to order any person who has a juvenile between the ages of 6 and 18 years under his or her control and who fails to cause the juvenile to attend school regularly to participate in counseling at the person's own expense.

4. The bill specifies that if a juvenile who has been found to be in need of protection or services based on habitual truancy violates a condition of the juvenile court's dispositional order, the court may order as sanctions any combination of suspension of the juvenile's motor vehicle operating privilege for not more than one year and one or more of the dispositions that it could have imposed under the original dispositional order. The court must hold a hearing on the imposition of these sanctions within 15 days after the filing of a motion for the imposition of a sanction.

5. The bill authorizes the department of industry, labor and human relations to revoke a juvenile's work permit if the juvenile's educational welfare would be best served by the revocation.

Time limits

Under current law, a hearing to determine whether a juvenile who is being held in custody under the children's code should continue to be held in custody must be had within 24 hours after the decision to hold the juvenile in custody was made. This bill extends that time limit for juveniles who are being held in custody under the juvenile justice code to within 24 hours after the end of the day that the decision to hold the juvenile in custody was made.

Under current law, the intake worker must recommend that a petition be filed, enter into an informal disposition or close the case within 40 days after the receipt of information that a juvenile should be referred to the juvenile court. Similarly, the district attorney or corporation counsel must file a petition, close the case or refer the case back to the intake worker within 20 days after receiving the intake worker's recommendation regarding the case. Currently, if those time limits are not met, the juvenile court must dismiss the case with prejudice, that is, without leave to file a new petition. This bill provides that if a party fails to meet a time limit specified in the juvenile justice code the juvenile court may grant a continuance for good cause shown, dismiss the petition with or without prejudice, release the juvenile from secure or nonsecure custody or from the terms of a custody order or grant any other relief that the juvenile court considers appropriate.

Under current law, certain periods of delay are excluded in computing time periods under the children's code. Those periods of delay include any period of delay caused by the disqualification of a judge. This bill expands that exclusion to exclude any period of delay caused by the substitution of a judge or by any other transfer of the case or intake inquiry to a different judge, intake worker or county.

Under current law, an informal disposition or consent decree may remain in effect for up to 6 months, except that an informal disposition or consent decree on an allegation of habitual truancy may remain in effect for up to one year. This bill permits any deferred prosecution agreement or consent decree under the juvenile justice code to remain in effect for up to one year.

Venue

Under current law, venue for a delinquency proceeding is in the county where the delinquent act occurred. This bill permits the juvenile court of the county where a delinquent act occurred to transfer a delinquency proceeding to the county in which the juvenile resides, after the juvenile is adjudged delinquent, for disposition, if the juvenile court of the county of residence agrees to that transfer and the transferring juvenile court agrees to the disposition.

Jury trials

Under current law, a juvenile, and a parent, guardian or legal custodian of a juvenile, have the right to a trial by jury in the juvenile court. A trial by jury may be demanded on a petition alleging that the juvenile is delinquent, has violated a civil law or municipal ordinance or is in need of protection or services. This bill eliminates the right to a trial by jury in proceedings under the juvenile justice code.

Substitution of judge

Under current law, a juvenile may request the substitution of a judge in a delinquency proceeding and the juvenile and the juvenile's parent, guardian or legal custodian may request the substitution of a judge in a proceeding alleging that the juvenile is uncontrollable, a dropout or habitually truant from home or school. Currently, however, a juvenile may not request the substitution of a judge in a delinquency proceeding that is commenced within one year after the entry of a dispositional order in another proceeding under the children's code in which the juvenile requested the substitution of a judge. This bill eliminates that prohibition and provides instead that a juvenile may not request the substitution of a judge in a delinquency proceeding, and the juvenile and the juvenile's parent, guardian or legal custodian may not request the substitution of a judge in a CHIPS proceeding under the juvenile justice code, if the judge assigned to the juvenile's proceeding has entered a dispositional order with respect to the juvenile in a previous proceeding.

Oral court reports

Under current law, before the disposition of a juvenile adjudged to be delinquent or in need of protection or services, an agency designated by the juvenile court must submit a report to the juvenile court describing the social history of the juvenile, a recommended plan of rehabilitation or treatment and care for the juvenile, the specific services recommended for the juvenile and a statement of the objectives of the plan (court report). Currently, a court report recommending placement of the juvenile in his or her own home may be presented orally at the dispositional hearing if all parties consent. A court report recommending an out-of-home placement, including a correctional placement, and a youthful offender program court report, however, must be in writing. This bill permits a court report recommending an out-of-home placement, including a correctional placement, and a youthful offender program court report to be presented orally at the dispositional hearing if all parties consent.

No contest pleas

Under current law, if a juvenile is alleged to have committed a delinquent act or a civil law or ordinance violation, the juvenile may plead as follows: 1) admit some or all of the facts alleged; 2) deny the facts alleged; or 3) plead no contest to the allegations, subject to the approval of the juvenile court. This bill permits a juvenile to plead no contest only if the juvenile court permits the juvenile to enter that plea.

Intake services

Under current law, the county board of supervisors of a county with a population under 500,000 must authorize the county department or the juvenile court to provide intake services for the juvenile court. Under current law, subject to one exception, employes of the county department or juvenile court must provide the intake services required under the children's code, for example, determining whether to hold a juvenile in custody, and those services may not be subcontracted to other individuals or agencies. Under current law intake workers must be qualified to perform entry level social work and must receive 30 hours of intake training within their first 6 months of employment. This bill permits a county in which the county sheriff's department operates a secure detention facility to subcontract intake services to the county sheriff's department. Under the bill, a county sheriff's department may perform intake services between the hours of 6 p.m. and 6 a.m. and any intake determination made by a county sheriff's department employe must be reviewed by an intake worker employed by the county department or juvenile court within 24 hours after the determination is made.

Municipal court authority

Under current law, municipal courts generally have concurrent jurisdiction with juvenile courts in proceedings against juveniles 12 years of age or older for violations of municipal ordinances. This bill makes various changes relating to the authority of juvenile courts and municipal courts over juveniles who violate municipal ordinances.

Under current law, a juvenile court may order a juvenile who has violated a municipal ordinance to participate in a supervised work program administered by the county department or by a community agency approved by the juvenile court judge (supervised work program). This bill permits a municipal court to order a juvenile who has violated a municipal ordinance to participate in a supervised work program. The bill also permits both a juvenile court and a municipal court to order a juvenile to participate in community service work other than through a supervised work program.

Under current law, a juvenile court may order a juvenile who has committed a violation relating to the use or abuse of alcohol or a controlled substance, including an underage drinking or drug paraphernalia violation, to submit to an alcohol or other drug abuse (AODA) assessment and to participate in an outpatient AODA treatment or education program at the expense of the juvenile's parents or their health insurer or, if payment cannot be obtained from those sources, at the expense of the county department. This bill permits a municipal court to order a juvenile to submit to an AODA assessment and to participate in an outpatient AODA treatment or education program, subject to the same payment provisions as for a juvenile ordered to receive AODA services by a juvenile court except that the municipality rather than the county pays for the services if payment cannot be obtained from the parent or insurer.

Under current law, a juvenile court or a municipal court may suspend the operating privilege (driver's license) of a juvenile who has failed to pay a forfeiture ordered by the juvenile court or municipal court for not less than 30 days nor more than 90 days or until the forfeiture is paid. This bill permits a juvenile court or municipal court to suspend the driver's license of a juvenile who fails to pay a forfeiture for up to 5 years or until the forfeiture is paid.

Under current law, a juvenile court may impose various sanctions on a juvenile who has been adjudged delinquent and who has violated a condition of the juvenile's dispositional order. This bill permits a juvenile court or a municipal court to impose sanctions on a juvenile who has violated a civil law or municipal ordinance and who has violated a condition of his or her dispositional order, except that a juvenile court or municipal court may not impose secure detention on such a juvenile as a sanction.

Notification of release

Current law requires DHSS or DOC, prior to the release of a juvenile from a secured correctional facility or the placement of the juvenile in the community under the corrective sanctions program or the youthful offender program, to notify the law enforcement agencies, school district and county departments of human services, social services, community programs and developmental disabilities services of the community in which the juvenile will reside of the juvenile's return to the community. Current law also requires notification of the victim of the act for which the juvenile was adjudicated delinquent if the victim requests notification and if the act for which the juvenile was adjudicated delinquent, if committed by an adult, would have been punishable as a crime against another person.

This bill requires DHSS, DOC or a county department having supervision or legal custody over a juvenile to notify the local agencies listed above of a juvenile's release from a secured correctional facility or a secured child caring institution and of the juvenile's release from the supervision of DHSS or the county department or from the legal custody of DOC. The bill also eliminates the precondition to victim notification of a juvenile's release that the act committed by the juvenile be punishable as a crime against another person if committed by an adult. Accordingly, under the bill, DHSS, DOC or a county department must provide notice of a juvenile's release to the victim of any delinquent act if the victim so requests. The bill also provides guidelines for DHSS, DOC and county departments to determine which community to notify, specifies the information about the juvenile that DHSS, DOC and county departments may disclose and exempts the disclosure of that information under those circumstances from the law regarding confidentiality of juvenile records.

Intensive supervision program

Under current law, the juvenile court may order a juvenile who has been adjudicated delinquent to participate in an intensive supervision program consisting of intensive surveillance and community-based treatment services for participants in the program. Under the intensive supervision program, a juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility for not more than 72 hours as a sanction for violating a condition of the juvenile's participation in the program. If the juvenile is held for longer than 72 hours, the juvenile is entitled to a hearing to determine whether the juvenile should continue to be held in custody. This bill permits a juvenile's caseworker, without a hearing, to take a juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as a sanction or for crisis intervention.

Psychotropic medication

Under current law, a juvenile's parent or guardian must consent before the juvenile may be administered psychotropic medication. This bill permits DHSS or a county department having correctional supervision over a juvenile 14 years of age or over who is not placed in his or her own home and who wishes to be administered psychotropic medication to petition the juvenile court in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile if the consent of the juvenile's parent or guardian cannot be obtained. The juvenile court must grant that permission if it determines: 1) that the parent or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found; 2) that the juvenile is 14 years of age or over, is competent to consent to the administration of psychotropic medication and voluntarily consents to that administration; and 3) based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.

Youthful offender program and corrective sanctions program

Under current law, effective December 1, 1995, DOC operates a youthful offender program for juveniles who have been ordered by the juvenile court to participate in that program. Under the program, DOC must provide a participant with an array of component phases, including placement in a secured correctional facility, intensive or other field supervision, electronic monitoring, alcohol or other drug abuse treatment, mental health treatment, community service, restitution and other programs. Under current law, DHSS operates a corrective sanctions program for juveniles who have been placed in a secured correctional facility and who have been selected to participate in the program. Under the program, DHSS places a juvenile in the community, provides intensive surveillance of the juvenile and purchases community-based treatment services for the juvenile. This bill requires DOC to operate the community-based component phases of the youthful offender program and DHSS to operate the corrective sanctions program as a secured correctional facility. The bill defines the community-based component phases of the youthful offender program and the corrective sanctions program as "Type 2 secured correctional facilities" and all other secured correctional facilities as "Type 1 secured correctional facilities".

Under current law, if a youthful offender program participant violates a condition of his or her participation in the program while placed in the community, DOC may, without a hearing, take the juvenile into custody and return the juvenile to a placement in a secured correctional facility or, if the juvenile is 18 years of age or over, to a state prison. Under current law, if a corrective sanctions program participant violates a condition of his or her placement in the community, DHSS may, without a hearing take the juvenile into custody and return the juvenile to a placement in a secured correctional facility for not more than 72 hours as a sanction for the violation. If the juvenile is held for longer than 72 hours, the juvenile is entitled to a hearing. Under the bill, a juvenile who violates a condition of his or her participation in the youthful offender program or corrective sanctions program while placed in a Type 2 secured correctional facility may, without a hearing, be returned to a Type 1 secured correctional facility or, if the juvenile is a youthful offender program participant and is 17 years of age or over, a Type 1 prison. The bill also eliminates the hearing requirement for a juvenile in the corrective sanctions program who is returned to a Type 1 secured correctional facility for longer than 72 hours and permits DHSS to place in a secure detention facility a juvenile who has violated a condition of his or her placement in the corrective sanctions program.

The bill also lowers the age of eligibility for participation in the youthful offender program from 16 years of age to 15 years of age.

Reimbursement of counties

Current law provides a sum sufficient appropriation to DOC from which DOC pays claims made by counties in which state prisons are located for reimbursement of expenses growing out of court proceedings involving prisoners. This bill provides a sum sufficient appropriation to DHSS from which to pay claims made by counties in which juvenile secured correctional facilities are located for reimbursement of expenses growing out of court proceedings involving juveniles placed in juvenile secured correctional facilities. The bill also provides for state reimbursement of expenses incurred by counties in which juvenile secured correctional facilities are located for holding in secure custody those juveniles while those proceedings are pending.

Under current law, if certain criteria are met, a juvenile who has been taken into custody may be held in a secure detention facility. Also under current law, a juvenile who has been adjudged delinquent and who has violated a condition of his or her dispositional order may be placed in a secure detention facility for not more than 10 days as a sanction for that violation and must be provided with educational programming during the period of placement. This bill requires the school district in which a child resides to reimburse the county for the cost of providing educational programming for the juvenile while the juvenile is placed in a secure detention facility.

Juvenile classification system

The bill requires DHSS to make available to all counties a juvenile classification system for assessing the risks and needs of juvenile offenders and for integrating the risks and needs of a juvenile offender with other factors to determine an appropriate placement and level of services for a juvenile offender. A county may use the juvenile classification system, at the time of an intake inquiry, to determine whether to close a case, enter into deferred prosecution or refer the case to the district attorney; at the time of disposition, to recommend a placement and plan of rehabilitation for a juvenile; and, after disposition, to determine the level or intensity of supervisory contacts required for a juvenile under county supervision.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB130, s. 1 Section 1. 16.51 (7) of the statutes is amended to read:

AB130,25,2 16.51 (7) (title) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections or the department of health and social services, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts as that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

AB130, s. 2 Section 2. 17.10 (6) (b) 1. of the statutes is amended to read:

AB130,25,5 17.10 (6) (b) 1. Disposition staff and intake workers appointed to provide services under ch. chs. 48 and 938.

AB130, s. 3 Section 3. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB130,25,12 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.

AB130, s. 4 Section 4. 20.410 (1) (am) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB130,25,16 20.410 (1) (am) Youthful offender program. The amounts in the schedule to administer the youthful offender program under s. 48.537 938.537.

AB130, s. 5 Section 5. 20.410 (1) (c) of the statutes is amended to read:

AB130,25,20 20.410 (1) (c) (title) Reimbursement claims of counties containing state institutions prisons. A sum sufficient to pay all valid claims made by county clerks of counties containing certain state institutions prisons as provided in s. 16.51 (7).