AB686-SSA1,14,1815
938.13
(6) Who is habitually truant from school, if evidence is provided by the
16school attendance officer that the activities under s. 118.16 (5) have been completed
17or were not
required to be completed
due to the juvenile's absence from school as
18provided in s. 118.16 (5m), except as provided under s. 938.17 (2).
AB686-SSA1, s. 47
19Section
47. 938.17 (2) (a) 1. of the statutes is amended to read:
AB686-SSA1,15,520
938.17
(2) (a) 1. Except as provided in sub. (1), municipal courts have
21concurrent jurisdiction with the court assigned to exercise jurisdiction under this
22chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of
23county, town or other municipal ordinances. If evidence is provided by the school
24attendance officer that the activities under s. 118.16 (5) have been completed or were
25not
required to be completed
due to the juvenile's absence from school as provided
1in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction
2in proceedings against a juvenile for a violation of an ordinance enacted under s.
3118.163 (2) regardless of the juvenile's age and regardless of whether the court
4assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under
5s. 938.13 (6).
AB686-SSA1,15,157
938.17
(2) (g)
If the municipal court finds that a juvenile violated a municipal
8ordinance enacted under s. 118.163 (1m), it shall enter a dispositional order under
9s. 938.342 (1d). If a municipal court finds that a juvenile violated a municipal
10ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s.
11938.342
(1) (1g), and may enter a dispositional order under s. 938.342 (1m) (a), that
12is consistent with the municipal ordinance.
If a municipal court finds that a juvenile
13violated a municipal ordinance enacted under s. 118.163 (2m), it shall enter a
14dispositional order under s. 938.342 (2) that is consistent with the municipal
15ordinance.
AB686-SSA1, s. 49
16Section
49. 938.17 (2) (h) 1. of the statutes is amended to read:
AB686-SSA1,16,517
938.17
(2) (h) 1. If a juvenile who has violated a municipal ordinance
, other
18than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
19her dispositional order, the municipal court may impose on the juvenile any of the
20sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm)
21except for monitoring by an electronic monitoring system or may petition the court
22assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
23juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
24monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
25authorized under par. (cm), if at the time of judgment the court explained the
1conditions to the juvenile and informed the juvenile of the possible sanctions under
2s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
3violation the juvenile has acknowledged in writing that he or she has read, or has had
4read to him or her, those conditions and possible sanctions and that he or she
5understands those conditions and possible sanctions.
AB686-SSA1,16,147
938.17
(2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
8under s. 118.163 (1m) violates a condition of his or her dispositional order, the
9municipal court may impose on the juvenile any of the sanctions specified in s.
10938.355 (6m) (ag), if at the time of judgment the court explained those conditions to
11the juvenile and informed the juvenile of those possible sanctions or if before the
12violation the juvenile has acknowledged in writing that he or she has read, or has had
13read to him or her, those conditions and possible sanctions and that he or she
14understands those conditions and possible sanctions.
AB686-SSA1,17,215
2m. If a juvenile who has violated a municipal ordinance enacted under s.
16118.163 (2) violates a condition of his or her dispositional order, the municipal court
17may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that
18are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a)
191. or may petition the court assigned to exercise jurisdiction under this chapter and
20ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1., if
21authorized under par. (cm), if at the time of judgment the court explained the
22conditions to the juvenile and informed the juvenile of the possible sanctions under
23s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if before the
24violation the juvenile has acknowledged in writing that he or she has read, or has had
1read to him or her, those conditions and possible sanctions and that he or she
2understands those conditions and possible sanctions.
AB686-SSA1,17,93
3. A motion requesting the municipal court to impose or petition for a sanction
4may be brought by the person or agency primarily responsible for the provision of
5dispositional services, the administrator of the school district in which the juvenile
6is enrolled or resides, the municipal attorney or the court that entered the
7dispositional order. If the court initiates the motion, that court is disqualified from
8holding a hearing on the motion. Notice of the motion shall be given to the juvenile
9and the juvenile's parent, guardian or legal custodian.
AB686-SSA1,17,1110
4. Before imposing any sanction, the court shall hold a hearing, at which the
11juvenile may present evidence.
AB686-SSA1,17,1612
4m. If the court assigned to exercise jurisdiction under this chapter and ch. 48
13imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in
14subd. 2m., that court shall order the municipality of the municipal court that filed
15the petition to pay to the county the cost of providing the sanction imposed under s.
16938.355 (6m) (a) 1.
AB686-SSA1,17,2118
938.245
(2v) If the deferred prosecution agreement is based on an allegation
19that the juvenile has violated a municipal ordinance enacted under s. 118.163 (2), the
20deferred prosecution agreement may require that the juvenile's parent, guardian or
21legal custodian attend school with the juvenile.
AB686-SSA1,18,223
938.245
(5) A deferred prosecution agreement under sub. (2) (a) 1. to 8.
, (2g)
24or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal
1custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
2by the court upon the request of the juvenile, parent, guardian or legal custodian.
AB686-SSA1,18,104
938.275
(1) (c) If the court imposes a sanction on a juvenile as specified in s.
5938.355 (6) (d) or (6m) (a)
or (ag) or finds the juvenile in contempt under s. 938.355
6(6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure
7detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1),
8the court shall order the parents of the juvenile to contribute toward the cost of the
9sanction, disposition or placement the proportion of the total amount which the court
10finds the parents are able to pay.
AB686-SSA1,18,2312
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
13to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
14commissioner may suspend the proceedings and place the juvenile under
15supervision in the juvenile's own home or present placement or in a youth village
16program as described in s. 118.42. The court may establish terms and conditions
17applicable to the parent, guardian or legal custodian, and to the juvenile, including
18any of the conditions specified in subs. (1d), (1g), (1m), (1t)
, (1v) and (1x). The order
19under this section shall be known as a consent decree and must be agreed to by the
20juvenile; the parent, guardian or legal custodian; and the person filing the petition
21under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
22the consent decree shall include provisions for payment of the services as specified
23in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB686-SSA1,19,4
1938.32
(1v) If the petition alleges that the juvenile is in need of protection or
2services under s. 938.13 (6), the judge or juvenile court commissioner may establish
3as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian
4attend school with the juvenile.
AB686-SSA1, s. 56
5Section
56. 938.342 (1) of the statutes is renumbered 938.342 (1g), and
6938.342 (1g) (a) and (b), as renumbered, are amended to read:
AB686-SSA1,19,117
938.342
(1g) (a) Suspend the person's operating privilege, as defined in s.
8340.01 (40), for not less than 30 days nor more than
90 days one year. The court shall
9immediately take possession of the suspended license and forward it to the
10department of transportation together with a notice stating the reason for and
11duration of the suspension.
AB686-SSA1,19,2012
(b) Order the person to participate in counseling or a supervised work program
13or other community service work
under as described in s. 938.34 (5g).
The costs of
14any such counseling, supervised work program or other community service work
15may be assessed against the person, the parents or guardian of the person, or both.
16Any county department, community agency, public agency or nonprofit charitable
17organization administering a supervised work program or other community service
18work to which a person is assigned pursuant to an order under this paragraph acting
19in good faith has immunity from any civil liability in excess of $25,000 for any act or
20omission by or impacting on that person.
AB686-SSA1,19,2522
938.342
(1d) If the court finds that the person violated a municipal ordinance
23enacted under s. 118.163 (1m), the court shall enter an order making one or more of
24the following dispositions if such a disposition is authorized by the municipal
25ordinance:
AB686-SSA1,20,1
1(a) Order the person to attend school.
AB686-SSA1,20,72
(b) Impose a forfeiture of not more than $50 plus costs for a first violation, or
3a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation
4committed within 12 months of a previous violation, subject to s. 938.37 and subject
5to a maximum cumulative forfeiture amount of not more than $500 for all violations
6committed during a school semester. All or part of the forfeiture plus costs may be
7assessed against the person, the parent or guardian of the person, or both.
AB686-SSA1, s. 58
8Section
58. 938.342 (1g) (g) to (j) of the statutes are created to read:
AB686-SSA1,20,99
938.342
(1g) (g) Order the person to attend school.
AB686-SSA1,20,1210
(h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37.
11All or part of the forfeiture plus costs may be assessed against the person, the parent
12or guardian of the person, or both.
AB686-SSA1,20,1613
(i) Order the person to comply with any other reasonable conditions that are
14consistent with this subsection, including a curfew, restrictions as to going to or
15remaining on specified premises and restrictions on associating with other juveniles
16or adults.
AB686-SSA1,20,1817
(j) Place the person under formal or informal supervision, as described in s.
18938.34 (2), for up to one year.
AB686-SSA1,20,2520
938.342
(1m) (a) If the court finds that the person violated a municipal
21ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the
22dispositions under sub.
(1) (1g), order the person's parent, guardian or legal
23custodian to participate in counseling at the parent's, guardian's or legal custodian's
24own expense
or to attend school with the person, or both, if such a disposition is
25authorized by the municipal ordinance.
AB686-SSA1,21,92
938.342
(1m) (am) If the court finds that the person violated a municipal
3ordinance enacted under s. 118.163 (1m), the court may, as part of the disposition
4under sub. (1d), order the person's parent or guardian to pay all or part of a forfeiture
5plus costs assessed under sub. (1d) (b). If the court finds that the person violated a
6municipal ordinance enacted under s. 118.163 (2), the court may, as part of the
7dispositions under sub. (1g), order the person's parent or guardian to pay all or part
8of the costs of any program ordered under sub. (1g) (b) or to pay all or part of a
9forfeiture plus costs assessed under sub. (1g) (h).
AB686-SSA1,21,2011
938.342
(1m) (b) No order to any parent, guardian or legal custodian under par.
12(a)
or (am) may be entered until the parent, guardian or legal custodian is given an
13opportunity to be heard on the contemplated order of the court. The court shall cause
14notice of the time, place and purpose of the hearing to be served on the parent,
15guardian or legal custodian personally at least 10 days before the date of the hearing.
16The procedure in these cases shall, as far as practicable, be the same as in other cases
17to the court. At the hearing, the parent, guardian or legal custodian may be
18represented by counsel and may produce and cross-examine witnesses. Any parent,
19guardian or legal custodian who fails to comply with any order issued by a court
20under par. (a)
or (am) may be proceeded against for contempt of court.
AB686-SSA1,21,2522
938.342
(2) (a) Except as provided in par. (b), if the court finds that a person
23is subject to a municipal ordinance enacted under s. 118.163 (2m)
(a), the court shall
24enter an order suspending the person's operating privilege, as defined in s. 340.01
25(40), until the person reaches the age of 18.
AB686-SSA1,22,52
938.342
(2) (b) The court may enter an order making any of the dispositions
3specified under sub.
(1) (1g) if the court finds that suspension of the person's
4operating privilege, as defined in s. 340.01 (40), until the person reaches the age of
518 would cause an undue hardship to the person or the
juvenile's person's family.
AB686-SSA1,22,137
938.345
(2) If the court finds that a juvenile is in need of protection or services
8based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b),
9or based on habitual truancy, and the court also finds that the reason the juvenile has
10dropped out of school or is a habitual truant is a result of the juvenile's intentional
11refusal to attend school rather than the failure of any other person to comply with
12s. 118.15 (1) (a)
or (am), the court, instead of or in addition to any other disposition
13imposed under sub. (1), may enter an order permitted under s. 938.342.
AB686-SSA1,23,1115
938.355
(6) (a) If a juvenile who has been adjudged delinquent or to have
16violated a civil law or ordinance
, other than an ordinance enacted under s. 118.163
17(1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on
18the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing
19under s. 938.335, the court explained the conditions to the juvenile and informed the
20juvenile of those possible sanctions or if before the violation the juvenile has
21acknowledged in writing that he or she has read, or has had read to him or her, those
22conditions and possible sanctions and that he or she understands those conditions
23and possible sanctions.
Subject to sub. (6m), if
If a juvenile who has been found to
24be in need of protection or services under s. 938.13
(4), (6m), (7), (12) or (14) violates
25a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the
1sanctions specified in par. (d), other than placement in a secure detention facility or
2juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the
3court explained the conditions to the juvenile and informed the juvenile of those
4possible sanctions or if before the violation the juvenile has acknowledged in writing
5that he or she has read, or has had read to him or her, those conditions and possible
6sanctions and that he or she understands those conditions and possible sanctions.
7The court may not order the sanction of placement in a place of nonsecure custody
8specified in par. (d) 1. unless the court finds that the agency primarily responsible
9for providing services for the juvenile has made reasonable efforts to prevent the
10removal of the juvenile from his or her home and that continued placement of the
11juvenile in his or her home is contrary to the welfare of the juvenile.
AB686-SSA1, s. 66
12Section
66. 938.355 (6) (an) 1. of the statutes is amended to read:
AB686-SSA1,23,2513
938.355
(6) (an) 1. If a juvenile who has violated a municipal ordinance
, other
14than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
15dispositional order imposed by the municipal court, the municipal court may petition
16the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
17on the juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d)
183., with monitoring by an electronic monitoring system, if, at the time of the
19judgment the municipal court explained the conditions to the juvenile and informed
20the juvenile of those possible sanctions for a violation or if before the violation the
21juvenile has acknowledged in writing that he or she has read, or has had read to him
22or her, those conditions and possible sanctions and that he or she understands those
23conditions and possible sanctions. The petition shall contain a statement of whether
24the juvenile may be subject to the federal Indian child welfare act,
25 USC 1911 to
251963.
AB686-SSA1, s. 67
1Section
67. 938.355 (6m) (title) of the statutes is amended to read:
AB686-SSA1,24,32
938.355
(6m) (title)
Sanctions for violation of order: truancy or habitual
3truancy.
AB686-SSA1, s. 68
4Section
68. 938.355 (6m) (a) of the statutes is renumbered 938.355 (6m) (a)
5(intro.) and amended to read:
AB686-SSA1,24,206
938.355
(6m) (a) (intro.) If the court finds by a preponderance of the evidence
7that a juvenile who has been found
to have violated a municipal ordinance enacted
8under s. 118.163 (2) or who has been found to be in need of protection or services
based
9on habitual truancy from school under s. 938.13 (6) has violated a condition specified
10under sub. (2) (b) 7., the court may order as a sanction any combination of the
11operating privilege suspension specified in this paragraph sanction specified in
12subds. 1. and 2. and the dispositions specified in s. 938.342
(1) (1g) (b) to
(f) (j) and
13(1m), regardless of whether the disposition was imposed in the order violated by the
14juvenile, if at the dispositional hearing under s. 938.335 the court explained those
15conditions to the juvenile and informed the juvenile of the possible sanctions under
16this paragraph for a violation or if before the violation the juvenile has acknowledged
17in writing that he or she has read, or has had read to him or her, those conditions and
18possible sanctions and that he or she understands those conditions and possible
19sanctions. The court may order as a sanction
suspension under this paragraph any
20of the following:
AB686-SSA1,25,6
212. Suspension of the juvenile's operating privilege, as defined under s. 340.01
22(40), for not more than one year. If the juvenile does not hold a valid operator's license
23under ch. 343, other than an instruction permit under s. 343.07 or a restricted license
24under s. 343.08, on the date of the order issued under this
paragraph subdivision, the
25court may order the suspension to begin on the date that the operator's license would
1otherwise be reinstated or issued after the juvenile applies and qualifies for issuance
2or 2 years after the date of the order issued under this
paragraph subdivision,
3whichever occurs first. If the court suspends an operating privilege under this
4paragraph subdivision, the court shall immediately take possession of the suspended
5license and forward it to the department of transportation with a notice stating the
6reason for and the duration of the suspension.
AB686-SSA1, s. 69
7Section
69. 938.355 (6m) (a) 1. of the statutes is created to read:
AB686-SSA1,25,188
938.355
(6m) (a) 1. Placement of the juvenile in a secure detention facility or
9juvenile portion of a county jail that meets the standards promulgated by the
10department by rule or in a place of nonsecure custody, for not more than 10 days and
11the provision of educational services consistent with his or her current course of
12study during the period of placement. The juvenile shall be given credit against the
13period of detention or nonsecure custody imposed under this subdivision for all time
14spent in secure detention in connection with the course of conduct for which the
15detention or nonsecure custody was imposed. The use of placement in a secure
16detention facility or in a juvenile portion of a county jail as a sanction under this
17subdivision is subject to the adoption of a resolution by the county board of
18supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.
AB686-SSA1, s. 70
19Section
70. 938.355 (6m) (ag) of the statutes is created to read:
AB686-SSA1,26,620
938.355
(6m) (ag) If the court finds by a preponderance of the evidence that a
21juvenile who has been found to have violated a municipal ordinance enacted under
22s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may
23order as a sanction any combination of the operating privilege suspension specified
24in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) and (1m),
25regardless of whether the disposition was imposed in the order violated by the
1juvenile, if at the dispositional hearing under s. 938.335 the court explained those
2conditions to the juvenile and informed the juvenile of the possible sanctions under
3this paragraph for a violation or if before the violation the juvenile has acknowledged
4in writing that he or she has read, or has had read to him or her, those conditions and
5possible sanctions and that he or she understands those conditions and possible
6sanctions.
AB686-SSA1,26,188
938.355
(6m) (am) 1. If a juvenile who has violated a municipal ordinance
9enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by
10the municipal court, the municipal court may petition the court assigned to exercise
11jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
12specified in par. (a) 1. if, at the time of the judgment the municipal court explained
13the conditions to the juvenile and informed the juvenile of that possible sanction for
14a violation or if before the violation the juvenile has acknowledged in writing that
15he or she has read, or has had read to him or her, those conditions and that possible
16sanction and that he or she understands those conditions and that possible sanction.
17The petition shall contain a statement of whether the juvenile may be subject to the
18federal Indian child welfare act,
25 USC 1911 to
1963.
AB686-SSA1,26,2219
2. If the court assigned to exercise jurisdiction under this chapter and ch. 48
20imposes the sanction specified in par. (a) 1. on a petition described in subd. 1., that
21court shall order the municipality of the municipal court that filed the petition to pay
22to the county the cost of providing the sanction imposed under par. (a) 1.
AB686-SSA1,27,624
938.355
(6m) (b) A motion for the imposition of a sanction under par. (a)
or (ag) 25may be brought by the person or agency primarily responsible for providing
1dispositional services to the juvenile, the administrator of the school district in which
2the juvenile is enrolled or resides, the district attorney, the corporation counsel or the
3court that entered the dispositional order. If the court initiates the motion, that court
4is disqualified from holding a hearing on the motion. Notice of the motion shall be
5given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian
6and all parties present at the original dispositional hearing.
AB686-SSA1,27,118
938.355
(6m) (c) Before imposing a sanction under par. (a)
or (ag), the court
9shall hold a hearing at which the juvenile is entitled to be represented by legal
10counsel and to present evidence. The hearing shall be held within 15 days after the
11filing of a motion under par. (b).
AB686-SSA1,27,1413
(1)
Audit of effectiveness of secure detention in deterring habitual
14truancy.
AB686-SSA1,27,1715
(a)
The joint legislative audit committee is requested to direct the legislative
16audit bureau to perform a performance evaluation audit to evaluate all of the
17following:
AB686-SSA1,27,19
181. The accuracy and uniformity of truancy statistics that are reported to the
19department of public instruction by school boards.
AB686-SSA1,28,2
202. The effectiveness of using placement of a juvenile in a secure detention
21facility or juvenile portion of a county jail under section 938.355 (6m) (a) 1. of the
22statutes, as created by this act, as a sanction for a violation of a condition of a
23dispositional order based on habitual truancy from school in deterring truancy. The
24audit shall compare the effectiveness of that sanction with the effectiveness of other
1sanctions and dispositions, including attendance at an educational program
2described in section 938.34 (7d) of the statutes, in deterring truancy.
AB686-SSA1,28,53
(b)
If the legislative audit bureau performs the audit under paragraph (a
), the
4legislative audit bureau shall file its report as described in section 13.94 (1) (b) of the
5statutes by September 1, 1999.
AB686-SSA1,28,107
(1) The treatment of section 118.15 (5) (a) of the statutes first applies to
8violations under section 118.15 of the statutes occurring on the effective date of this
9subsection, but does not preclude the counting of other violations as prior violations
10for sentencing a person.
AB686-SSA1,28,1311
(2) The treatment of sections 118.15 (1) (am) and (3) (c), 118.16 (2) (cg) 1. and
124. and 938.345 (2) of the statutes first applies to pupils enrolled in school in the
131998-99 school year.
AB686-SSA1,28,1814
(3)
The treatment of sections 938.06 (5), 938.17 (2) (h) 1. and (i) and 938.355
15(6) (a) and (an) 1. and (6m) (title), (ag), (am), (b) and (c) of the statutes, the
16renumbering and amendment of section 938.355 (6m) (a) of the statutes and the
17creation of section 938.355 (6m) (a) 1. of the statutes first apply to dispositional
18orders entered on the effective date of this subsection.
AB686-SSA1,29,219
(4)
The treatment of sections 118.15 (5) (am), 118.163 (2) (k), 938.17 (2) (g),
20938.245 (2v) and (5), 938.32 (1) (a) and (1v) and 938.342 (1m) (a) of the statutes first
21applies to the parent, guardian or legal custodian of a person who becomes a habitual
22truant, as defined in section 118.16 (1) (a) of the statutes, on the effective date of this
23subsection and to a parent or guardian having control of a child who does not cause
1the child to attend school regularly in violation of section 118.15 (1) (a) of the statutes
2on the effective date of this subsection.