(c) Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection
paragraph, the juvenile's caseworker may also, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as crisis intervention, if the juvenile is in need of crises crisis intervention and, if at the dispositional hearing the court informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.
(d) If the juvenile is held under par. (b) 1. or 2. in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under s. 938.21. The hearing shall be conducted in the manner provided in s. 938.21, except that the hearing shall be conducted within 72 hours, rather than 24 hours, after the end of the day that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.
205,88p
Section 88p. 938.534 (1) (b) 2. of the statutes is created to read:
938.534 (1) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of the juvenile's participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and shall either approve the placement or order the juvenile to be released from custody.
205,88r
Section 88r. 938.534 (1) (b) 3. of the statutes is created to read:
938.534 (1) (b) 3. A juvenile may be taken into and held in custody under both subds. 1. and 2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under subds. 1. and 2. in connection with the same course of conduct unless the juvenile receives a hearing under par. (d).
205,88s
Section 88s. 938.534 (1) (b) 4. of the statutes is created to read:
938.534 (1) (b) 4. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a place of short-term detention under subd. 1. or 2. is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as places of short-term detention under subd. 1. or 2.
205,88t
Section 88t. 938.534 (2) of the statutes is amended to read:
938.534 (2) The department shall promulgate rules specifying the requirements for an intensive supervision program under this section. The rules shall include rules that govern the use of placement in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for not more than 72 hours while a violation of a condition of a juvenile's participation in the program is being investigated under sub. (1) (b) and the use of placement in a place of nonsecure custody for not more than 30 days as crisis intervention under sub. (1) (c).
205,89
Section 89
. 938.78 (2) (b) 1. of the statutes is amended to read:
938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency, and another social welfare agency, a law enforcement agency, the victim-witness coordinator or, a fire investigator under s. 165.55 (15), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.
205,90
Section 90
. 938.78 (2) (b) 2. of the statutes is amended to read:
938.78 (2) (b) 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employes of the agency who are providing treatment or care for the individual.
205,91
Section 91
. 938.78 (2) (e) of the statutes is amended to read:
938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.31 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.
205,92
Section 92
. 970.032 (title) of the statutes is amended to read:
970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction.
205,93
Section 93
. 970.032 (1) of the statutes is amended to read:
970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c) or (2), whichever is applicable. If the court does not make that finding, the court shall order that the child
juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.
205,94
Section 94
. 970.032 (2) (intro.) of the statutes is amended to read:
970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1) to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the child
juvenile proves by a preponderance of the evidence all of the following:
205,95
Section 95
. 970.032 (2) (a) of the statutes is amended to read:
970.032 (2) (a) That, if convicted, the child juvenile could not receive adequate treatment in the criminal justice system.
205,96
Section 96
. 970.032 (2) (c) of the statutes is amended to read:
970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), whichever is applicable.
205,97
Section 97
. 970.035 of the statutes is amended to read:
970.035 (title) Preliminary examination; child juvenile younger than 16
15 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.
205,98
Section 98
. 971.31 (13) (a) (intro.) of the statutes is amended to read:
971.31 (13) (a) (intro.) A child
juvenile over whom the court has jurisdiction under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The motion may allege that the child juvenile did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer of jurisdiction would be appropriate because of all of the following:
205,99
Section 99
. 971.31 (13) (a) 1. of the statutes is amended to read:
971.31 (13) (a) 1. If convicted, the child juvenile could not receive adequate treatment in the criminal justice system.
205,100
Section 100
. 971.31 (13) (a) 3. of the statutes is amended to read:
971.31 (13) (a) 3. Retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child
juvenile is accused under the circumstances specified in s. 938.183 (1) (b) or (c), whichever is applicable.
205,101
Section 101
. 971.31 (13) (b) of the statutes is amended to read:
971.31 (13) (b) The court shall retain jurisdiction unless the child juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. are met.
205,102
Section 102
. 972.14 (2) of the statutes is amended to read:
972.14 (2) Before pronouncing sentence, the court shall ask the defendant why sentence should not be pronounced upon him or her and allow the district attorney, defense counsel and defendant an opportunity to make a statement with respect to any matter relevant to the sentence. In addition, if the defendant is under 21 years of age and if the court has not ordered a presentence investigation under s. 972.15, the court shall ask the defendant if he or she has been adjudged delinquent under ch. 48, 1993 stats., or ch. 938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued.
205,103
Section 103
. 972.15 (2s) of the statutes is amended to read:
972.15 (2s) If the defendant is under 21 years of age, the person preparing the presentence investigation report shall attempt to determine whether the defendant has been adjudged delinquent under ch. 48, 1993 stats., or ch.938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued and, if so, shall include that information in the report.
205,104
Section 104
. 980.015 (2) (b) of the statutes is amended to read:
980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.
205,105
Section 105
. 980.02 (2) (ag) of the statutes is amended to read:
980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.
205,106
Section 106
.
Nonstatutory provisions.
(1) Audit of secure detention of juveniles. The legislative audit bureau is requested to perform a performance evaluation audit of the use by counties of placement of a juvenile, as defined in section 938.02 (10m) of the statutes, in a secure detention facility, as defined in section 938.02 (16) of the statutes, as a disposition under section 938.34 (3) (f) of the statutes, as a sanction under section 938.355 (6) (d) 1. of the statutes or as a place of short-term detention under section 938.355 (6d) or 938.534 (1) of the statutes. The audit shall examine the primary reasons why a juvenile is placed in a secure detention facility as a disposition, as a sanction or as a place of short-term detention and the length of time that a juvenile is held in a secure detention facility as a disposition, as a sanction or as a place of short-term detention; and shall evaluate whether the length of time that a juvenile is held in a secure detention facility is related to any reduction in repeat offenses or repeat violations of dispositional orders, distributed according to the length of time that a juvenile is held in a secure detention facility. If the legislative audit bureau performs the audit, it shall submit its report as described in section 13.94 (1) (b) of the statutes by December 31, 1998.
205,107
Section 107
.
Initial applicability.
(1) Original adult court jurisdiction. The treatment of sections 48.66 (1), 301.08 (1) (b) 3., 938.183 (1) (ar) and (2) (intro.), (a) and (b), 938.78 (2) (e), 970.032 (title), (1) and (2) (intro.), (a) and (c), 970.035, 971.31 (13) (a) (intro.), 1. and 3. and (b), 980.015 (2) (b) and 980.02 (2) (ag) of the statutes, the renumbering of section 938.183 (1m) (c) of the statutes and the creation of section 938.183 (1m) (c) 1. and 2. of the statutes first apply to acts committed by a juvenile on the effective date of this subsection.
(2) Restitution and forfeitures. The treatment of sections 895.035 (2m) (a) and (b), (3) and (6), 938.245 (2) (a) 5. a. and am., 938.32 (1t) (a) 1. and 1m., 938.34 (5) (a) and (8), 938.343 (2) and (4) and 938.45 (1r) and (2) of the statutes first applies to acts committed by a juvenile on the effective date of this subsection.
(3) Sanctions and contempt. The treatment of sections 938.17 (2) (cm), (h) 1. and (i) and 938.355 (6) (a), (an) 1., (d) 2. and (e), (6g) (a), (b) 1. and (c) and (6m) (b) of the statutes, the renumbering and amendment of section 938.355 (6m) (a) of the statutes and the creation of section 938.355 (6m) (a) 2. and 3. of the statutes first apply to dispositional orders entered on the effective date of this subsection.
(4) Rules of evidence. The treatment of sections 800.08 (4), 938.17 (2) (h) 3. and 938.299 (4) (b) of the statutes first applies to postdispositional hearings held on the effective date of this subsection.
(5m) Short-term detention.
(a) Violation of delinquency or protection or services order. The renumbering and amendment of section 938.355 (6d) of the statutes (with respect to the investigation of the appropriateness of a sanction under section 938.355 (6) or (6m) of the statutes, as affected by this act) and the creation of section 938.355 (6d) (a) 2. and 3. and (c) 2. and 3. of the statutes first apply to a juvenile who reads, or to whom is explained or read, the conditions specified in section 938.355 (2) (b) 7. of the statutes and the possibility of a placement under section 938.355 (6) (a) or (c) of the statutes, as affected by this act, on the effective date of this paragraph.
(b) Violation of condition of county aftercare supervision. The creation of section 938.355 (6d) (b) of the statutes first applies to a juvenile who reads, or to whom is explained or read, the conditions of the juvenile's aftercare supervision and the possibility of a placement under section 938.355 (6d) (b) of the statutes, as created by this act, on the effective date of this paragraph.
(c) Violation of condition of participation in intensive supervision program. The amendment of section 938.534 (1) of the statutes (with respect to the appropriateness of a change in the conditions of a juvenile's participation in the intensive supervision program) and the creation of section 938.534 (1) (b) 2. and 3. of the statutes first apply to a juvenile who reads, or to whom is explained or read, those conditions and the possibility of a placement under section 938.534 (1) (b) of the statutes, as affected by this act, on the effective date of this paragraph.
