1997 Wisconsin Act 239

239,63 Section 63 . 938.342 (2) (b) of the statutes is amended to read:

938.342 (2) (b) The court may enter an order making any of the dispositions specified under sub. (1) (1g) if the court finds that suspension of the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18 would cause an undue hardship to the person or the juvenile's person's family.

239,65m Section 65m. 938.355 (6) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions 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 possible sanctions and that he or she understands those conditions and possible sanctions. If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12) or (14) violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions 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 possible sanctions and that he or she understands those conditions and possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

239,66m Section 66m. 938.355 (6) (an) 1. of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d) 3., with monitoring by an electronic monitoring system, if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation 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 possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

239,67 Section 67 . 938.355 (6m) (title) of the statutes is amended to read:

938.355 (6m) (title) Sanctions for violation of order: truancy or habitual truancy.

239,68m Section 68m. 938.355 (6m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in subds. 1. 1g. to 3. and the dispositions specified in s. 938.342 (1) (1g) (d) to (f) (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation 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 possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction or limitation on the use under this paragraph any of the following:

239,68p Section 68p. 938.355 (6m) (a) 1. of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 410), is renumbered 938.355 (6m) (a) 1m.

239,69m Section 69m. 938.355 (6m) (a) 1g. of the statutes is created to read:

938.355 (6m) (a) 1g. Placement of 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, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision 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 a sanction.

239,70 Section 70 . 938.355 (6m) (ag) of the statutes is created to read:

938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation 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 possible sanctions and that he or she understands those conditions and possible sanctions.

239,71 Section 71 . 938.355 (6m) (am) of the statutes is created to read:

938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1g. if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction for a violation 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 sanction and that he or she understands those conditions and that possible sanction. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in par. (a) 1g. on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under par. (a) 1g.

239,72m Section 72m. 938.355 (6m) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

938.355 (6m) (b) A motion for the imposition of a sanction under par. (a) or (ag) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the district attorney, the corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

239,73 Section 73 . 938.355 (6m) (c) of the statutes is amended to read:

938.355 (6m) (c) Before imposing a sanction under par. (a) or (ag), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The hearing shall be held within 15 days after the filing of a motion under par. (b).

239,74 Section 74 . Nonstatutory provisions.

(1) Audit of effectiveness of secure detention in deterring habitual truancy.

(a) The joint legislative audit committee is requested to direct the legislative audit bureau to perform a performance evaluation audit to evaluate all of the following:

1. The accuracy and uniformity of truancy statistics that are reported to the department of public instruction by school boards.

2. The effectiveness of using placement of a juvenile in a secure detention facility or juvenile portion of a county jail under section 938.355 (6m) (a) 1. of the statutes, as created by this act, as a sanction for a violation of a condition of a dispositional order based on habitual truancy from school in deterring truancy. The audit shall compare the effectiveness of that sanction with the effectiveness of other sanctions and dispositions, including attendance at an educational program described in section 938.34 (7d) of the statutes, in deterring truancy.

(b) If the legislative audit bureau performs the audit under paragraph (a), the legislative audit bureau shall file its report as described in section 13.94 (1) (b) of the statutes by September 1, 1999.

239,75 Section 75 . Initial applicability.

(1) The treatment of section 118.15 (5) (a) of the statutes first applies to violations under section 118.15 of the statutes occurring on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person.

(3m) The treatment of sections 938.06 (5), 938.17 (2) (h) 1. and (i) 1., 2., 2m., 3. and 4m. and 938.355 (6) (a) and (an) 1. and (6m) (title), (a) (intro.), 1. and 1g. (ag), (am), (b) and (c) of the statutes first applies to dispositional orders entered on the effective date of this subsection.

(4) The treatment of sections 118.15 (5) (am), 118.163 (2) (k), 938.17 (2) (g), 938.245 (2v) and (5), 938.32 (1) (a) and (1v) and 938.342 (1m) (a) of the statutes first applies to the parent, guardian or legal custodian of a person who becomes a habitual truant, as defined in section 118.16 (1) (a) of the statutes, on the effective date of this subsection and to a parent or guardian having control of a child who does not cause the child to attend school regularly in violation of section 118.15 (1) (a) of the statutes on the effective date of this subsection.