AB100-engrossed,2235,2523
938.34
(8d) Delinquency victim and witness assistance surcharge. (a) In
24addition to any other disposition imposed under this section, the court shall impose
25a delinquency victim and witness assistance surcharge of $20.
AB100-engrossed,2236,3
1(b) The clerk of court shall collect and transmit the amount to the county
2treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
3the state treasurer under s. 59.25 (3) (f) 2.
AB100-engrossed,2236,74
(c) If a juvenile placed in a secured correctional facility or a secured child caring
5institution fails to pay the surcharge under par. (a), the department shall assess and
6collect the amount owed from the juvenile's wages or other moneys. Any amount
7collected shall be transmitted to the state treasurer.
AB100-engrossed,2236,208
(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate
9the surcharge and order other alternatives under this section, in accordance with the
10conditions specified in this chapter; or the court may suspend any license issued
11under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's
12operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more
13than 5 years. If the court suspends any license under this subsection, the clerk of the
14court shall immediately take possession of the suspended license and forward it to
15the department which issued the license, together with a notice of suspension clearly
16stating that the suspension is for failure to pay a surcharge imposed by the court.
17If the surcharge is paid during the period of suspension, the suspension shall be
18reduced to the time period which has already elapsed and the court shall
19immediately notify the department which shall then return the license to the
20juvenile.
AB100-engrossed,2236,2222
938.345
(1) (c) Order payment of a forfeiture
or surcharge.
AB100-engrossed,2237,324
938.355
(2) (b) 4. If the juvenile is placed outside the juvenile's home, a
25designation of the amount of support, if any, to be paid by the juvenile's parent,
1guardian or trustee, specifying that the support obligation begins on the date of the
2placement, or a referral to the county
designee child support agency under s.
59.07
3(97) 59.53 (5) for establishment of child support.
AB100-engrossed,2237,205
938.357
(4) (b) 2. If a juvenile whom the court has placed in a Type 2 child
6caring institution under s. 938.34 (4d) violates a condition of his or her placement in
7the Type 2 child caring institution, the child welfare agency operating the Type 2
8child caring institution shall notify the county department that has supervision over
9the juvenile and, if the county department agrees to a change in placement under this
10subdivision, the child welfare agency shall notify the department and the
11department, after consulting with the child welfare agency, may place the juvenile
12in a Type 1 secured correctional facility under the supervision of the department,
13without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
14in a Type 1 secured correctional facility under this subdivision, the county
15department that has supervision over the juvenile shall reimburse the child welfare
16agency operating the Type 2 child caring institution in which the juvenile was placed
17at the rate established under s. 46.037, and that child welfare agency shall reimburse
18the department at the rate specified in s. 301.26 (4) (d)
3m. 2., 3. or 4., whichever is
19applicable, for the cost of the juvenile's care while placed in a Type 1 secured
20correctional facility.
AB100-engrossed,2238,1522
938.357
(4) (d) The department may transfer a juvenile who is subject to an
23order under s. 48.366, 1993 stats., 938.183 or 938.34 (4h) and is placed in a Type 1
24secured correctional facility to the Racine youthful offender correctional facility
25named in s. 302.01 if the juvenile is 15 years of age or over and the office of juvenile
1offender review in the department has determined that the conduct of the juvenile
2in the Type 1 secured correctional facility presents a serious problem to the juvenile
3or others. The factors that the office of juvenile offender review may consider in
4making that determination shall include, but are not limited to, whether and to what
5extent the juvenile's conduct in the Type 1 secured correctional facility is violent and
6disruptive, the security needs of the Type 1 secured correctional facility and whether
7and to what extent the juvenile is refusing to cooperate or participate in the
8treatment programs provided for the juvenile in the Type 1 secured correctional
9facility. Notwithstanding sub. (1), a juvenile is not entitled to a hearing regarding
10the department's exercise of authority under this paragraph unless the department
11provides for a hearing by rule. A juvenile may seek review of a decision of the
12department under this paragraph only by the common law writ of certiorari. If the
13department transfers a juvenile under this paragraph, the department shall send
14written notice of the transfer to the parent, guardian, legal custodian and
15committing court.
AB100-engrossed,2238,2317
938.357
(4g) (b) The department may waive the time period within which an
18aftercare plan must be prepared and submitted under par. (a) if the department
19anticipates that the juvenile will remain in the secured correctional facility or
20secured child caring institution for a period exceeding 8 months or if the juvenile is
21subject to s. 48.366 or 938.183
(2). If the department waives that time period, the
22aftercare provider designated under s. 938.34 (4n) shall prepare the aftercare plan
23within 30 days after the date on which the department requests the aftercare plan.
AB100-engrossed,2239,11
1938.357
(5m) If a proposed change in placement changes a juvenile's placement
2from a placement in the juvenile's home to a placement outside the juvenile's home,
3the court shall order the juvenile's parent to provide a statement of income, assets,
4debts and living expenses to the court or the person or agency primarily responsible
5for implementing the dispositional order by a date specified by the court. The clerk
6of court shall provide, without charge, to any parent ordered to provide a statement
7of income, assets, debts and living expenses a document setting forth the percentage
8standard established by the department of
health and family services workforce
9development under s.
46.25 49.22 (9) and listing the factors that a court may consider
10under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court
11shall determine the liability of the parent in the manner provided in s. 46.10 (14).
AB100-engrossed,2239,2413
938.36
(1) (a) If legal custody is transferred from the parent or guardian or the
14court otherwise designates an alternative placement for the juvenile by a disposition
15made under s. 938.183
(2), 938.34 or 938.345 or by a change in placement under s.
16938.357, the duty of the parent or guardian to provide support shall continue even
17though the legal custodian or the placement designee may provide the support. A
18copy of the order transferring custody or designating alternative placement for the
19juvenile shall be submitted to the agency or person receiving custody or placement
20and the agency or person may apply to the court for an order to compel the parent
21or guardian to provide the support. Support payments for residential services, when
22purchased or otherwise funded or provided by the department, or a county
23department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
24s. 46.10 (14).
AB100-engrossed,2240,10
1938.36
(1) (b) In determining the amount of support under par. (a), the court
2may consider all relevant financial information or other information relevant to the
3parent's earning capacity, including information reported
under s. 49.22 (2m) to the
4department of
health and family services workforce development, or the county child
5and spousal support agency, under s.
46.25 (2m) 59.53 (5). If the court has
6insufficient information with which to determine the amount of support, the court
7shall order the juvenile's parent to furnish a statement of income, assets, debts and
8living expenses, if the parent has not already done so, to the court within 10 days
9after the court's order transferring custody or designating an alternative placement
10is entered or at such other time as ordered by the court.
AB100-engrossed,2240,1712
938.365
(2g) (a) At the hearing the person or agency primarily responsible for
13providing services to the juvenile shall file with the court a written report stating to
14what extent the dispositional order has been meeting the objectives of the plan for
15the juvenile's rehabilitation or care and treatment. The
office of juvenile offender
16review
program may file a written report regarding any juvenile examined by the
17program.
AB100-engrossed,2241,219
938.396
(1m) (a)
If requested by the school district administrator of a public
20school district, a A law enforcement agency
, on its own initiative or on the request
21of the school district administrator of a public school district or the school district
22administrator's designee, may
, subject to official agency policy, provide to the school
23district administrator
or designee any information in its records relating to the use,
24possession or distribution of alcohol or a controlled substance or controlled substance
1analog by a
pupil juvenile enrolled in the public school district. The information shall
2be used by the school district as provided under s. 118.127 (2).
AB100-engrossed,2241,104
938.396
(1m) (am)
If requested by a school district administrator of a public
5school district, a A law enforcement agency
, on its own initiative or on the request
6of the school district administrator of a public school district or the school district
7administrator's designee, may, subject to official agency policy, provide to the school
8district administrator
or designee any information in its records relating to the
9illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10).
10The information shall be used by the school district as provided in s. 118.127 (2).
AB100-engrossed,2241,1912
938.396
(1m) (ar) A law enforcement agency, on its own initiative or on the
13request of the school district administrator of a public school district or the school
14district administrator's designee, may, subject to official agency policy, provide to the
15school district administrator or designee any information in its records relating to
16an act for which a juvenile enrolled in the school district was taken into custody
17under s. 938.19 based on a law enforcement officer's belief that the juvenile was
18committing or had committed an act that is a violation specified in s. 938.34 (4h) (a).
19The information shall be used by the school district as provided in s. 118.127 (2).
AB100-engrossed,2242,321
938.396
(1m) (b)
If requested by the school district administrator of a public
22school district, a A law enforcement agency
, on its own initiative or on the request
23of the school district administrator of a public school district or the school district
24administrator's designee, may
disclose, subject to official agency policy, provide to
25the school district administrator
or designee any information in its records relating
1to the act for which a juvenile enrolled in the public school district was adjudged
2delinquent. The information shall be used by the school district as provided in s.
3118.127
(3) (2).
AB100-engrossed,2242,175
938.48
(4) Provide appropriate care and training for juveniles under its
6supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including
7serving those juveniles in their own homes, placing them in licensed foster homes or
8licensed treatment foster homes in accordance with s. 48.63 or licensed group homes,
9contracting for their care by licensed child welfare agencies or replacing them in
10juvenile correctional institutions or secured child caring institutions in accordance
11with rules promulgated under ch. 227, except that the department may not purchase
12the educational component of private day treatment programs for juveniles in its
13custody unless the department, the school board as defined in s. 115.001 (7) and the
14secretary of education state superintendent of public instruction all determine that
15an appropriate public education program is not available. Disputes between the
16department and the school district shall be resolved by the
secretary of education 17state superintendent of public instruction.
AB100-engrossed,2242,2519
938.48
(14) Pay maintenance, tuition and related expenses from the
20appropriation under s. 20.410 (3)
(am) and (ho) for persons who when they reached
2117 years of age were students regularly attending a school, college or university or
22regularly attending a course of vocational or technical training designed to fit them
23for gainful employment, and who when reaching that age were under the supervision
24of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result
25of a judicial decision.
AB100-engrossed,2243,8
2938.53 Duration of control of department over delinquents. Except as
3provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have
4been placed under the supervision of the department under s. 938.183, 938.34
(4h), 5(4m)
, (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department
6determines that there is a reasonable probability that it is no longer necessary either
7for the rehabilitation and treatment of the juvenile or for the protection of the public
8that the department retain supervision.
AB100-engrossed,2244,1110
938.533
(2) Corrective sanctions program. From the appropriation under s.
1120.410 (3) (hr), the department shall provide a corrective sanctions program to serve
12an average daily population of
105 106 juveniles in fiscal year 1997-98 and 136
13juveniles
in fiscal year 1998-99, or an average daily population of more than
105 106
14juveniles in fiscal year 1997-98 and 136 juveniles
in fiscal year 1998-99 if the
15appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and
16the positions for the program are increased under s. 13.101 or 16.505 (2)
or if funding
17and positions to serve more than those average daily populations are otherwise
18available, in not less than 3 counties, including Milwaukee County. The
office of 19juvenile offender review
program in the department shall evaluate and select for
20participation in the program juveniles who have been placed under the supervision
21of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The
22department shall place a program participant in the community, provide intensive
23surveillance of that participant and provide an average of $5,000 per year per slot
24to purchase community-based treatment services for each participant. The
25department shall make the intensive surveillance required under this subsection
1available 24 hours a day, 7 days a week, and may purchase or provide electronic
2monitoring for the intensive surveillance of program participants. The department
3shall provide a report center in Milwaukee County to provide on-site programming
4after school and in the evening for juveniles from Milwaukee County who are placed
5in the corrective sanctions program. A contact worker providing services under the
6program shall have a case load of approximately 10 juveniles and, during the initial
7phase of placement in the community under the program of a juvenile who is
8assigned to that contact worker, shall have not less than one face-to-face contact per
9day with that juvenile. Case management services under the program shall be
10provided by a corrective sanctions agent who shall have a case load of approximately
1115 juveniles. The department shall promulgate rules to implement the program.
AB100-engrossed,2244,1613
938.538
(3) (a) 1. Subject to subd. 1m., placement in a Type 1 secured
14correctional facility, a secured child caring institution or, if the participant is 17 years
15of age or over
or 15 years of age or over and transferred under s. 938.357 (4) (d), a
16Type 1 prison, as defined in s. 301.01 (5), for a period of not more than 3 years.
AB100-engrossed,2244,2418
938.538
(3) (a) 1m. If the participant has been adjudicated delinquent for
19committing an act that would be a Class A felony if committed by an adult, placement
20in a Type 1 secured correctional facility, a secured child caring institution or, if the
21participant is 17 years of age or over
or 15 years of age or over and transferred under
22s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant
23reaches 25 years of age, unless the participant is released sooner, subject to a
24mandatory minimum period of confinement of not less than one year.
AB100-engrossed,2245,5
1938.538
(5) (a) The
office of juvenile offender review
program in the division
2of juvenile corrections in the department may release a participant to aftercare
3supervision under s. 301.03 (10) (d) at any time after the participant has completed
42 years of participation in the serious juvenile offender program. Aftercare
5supervision of the participant shall be provided by the department.
AB100-engrossed,2245,107
938.538
(5) (c) Sections 938.357 and 938.363 do not apply to changes of
8placement and revisions of orders for a juvenile who is a participant in the serious
9juvenile offender program
, except that s. 938.357 (4) (d) applies to the transfer of a
10participant to the Racine youthful offender correctional facility named in s. 302.01.
AB100-engrossed,2245,2412
938.57
(1) (c) Provide appropriate protection and services for juveniles in its
13care, including providing services for juveniles and their families in their own homes,
14placing the juveniles in licensed foster homes, licensed treatment foster homes or
15licensed group homes in this state or another state within a reasonable proximity to
16the agency with legal custody or contracting for services for them by licensed child
17welfare agencies or replacing them in juvenile correctional institutions or secured
18child caring institutions in accordance with rules promulgated under ch. 227, except
19that the county department may not purchase the educational component of private
20day treatment programs unless the county department, the school board as defined
21in s. 115.001 (7) and the
secretary of education
state superintendent of public
22instruction all determine that an appropriate public education program is not
23available. Disputes between the county department and the school district shall be
24resolved by the
secretary of education state superintendent of public instruction.
AB100-engrossed,2246,11
1938.57
(4) A county department may provide aftercare supervision under s.
248.34 938.34 (4n) for juveniles who are released from secured correctional facilities
3or secured child caring institutions operated by the department. If a county
4department intends to change its policy regarding whether the county department
5or the department shall provide aftercare supervision for juveniles released from
6secured correctional facilities or secured child caring institutions operated by the
7department, the county executive or county administrator, or, if the county has no
8county executive or county administrator, the chairperson of the county board of
9supervisors, or, for multicounty departments, the chairpersons of the county boards
10of supervisors jointly, shall submit a letter to the department stating that intent
11before July 1 of the year preceding the year in which the policy change will take effect.
AB100-engrossed,2246,1413
943.13
(4m) (b) A hunter entering land that is required to be open for hunting
14under s. 29.59 (4m) or 29.598
(7m) (5).
AB100-engrossed,2246,2016
943.38
(1) (intro.) Whoever with intent to defraud falsely makes or alters a
17writing or object of any of the following kinds so that it purports to have been made
18by another, or at another time, or with different provisions, or by authority of one who
19did not give such authority,
is guilty of a Class C felony may be penalized as provided
20in sub. (1m):
AB100-engrossed,2246,2422
943.38
(1) (a) A writing or object whereby legal rights or obligations are
23created, terminated or transferred, or any writing commonly relied upon in business
24or commercial transactions as evidence of debt or property rights
; or.
AB100-engrossed,2247,2
1943.38
(1) (b) A public record or a certified or authenticated copy
thereof; or of
2a public record.
AB100-engrossed,2247,54
943.38
(1) (c) An official authentication or certification of a copy of a public
5record
; or.
AB100-engrossed,2247,77
943.38
(1m) Whoever violates sub. (1):
AB100-engrossed,2247,98
(a) Is guilty of a Class A misdemeanor if the value or purported value,
9whichever is greater, of the writing or object does not exceed $1,000.
AB100-engrossed,2247,1110
(b) Is guilty of a Class C felony if the value or purported value, whichever is
11greater, of the writing or object exceeds $1,000.
AB100-engrossed,2247,1813
943.38
(2) Whoever utters as genuine or possesses with intent to utter as false
14or as genuine any forged writing or object mentioned in sub. (1), knowing it to have
15been thus falsely made or altered, is guilty of a Class C felony
if the value or
16purported value, whichever is greater, of the writing or object exceeds $1,000 and a
17Class A misdemeanor if the value or purported value of the writing or object does not
18exceed $1,000.
AB100-engrossed,2247,2520
943.60
(1) Any person who submits for filing, entering or recording any lien,
21claim of lien, lis pendens, writ of attachment
, financing statement or any other
22instrument relating to
a security interest in or title
in to real or personal property,
23knowing and who knows or should have known that the contents or any part of the
24contents
to be of the instrument are false,
a sham or frivolous, is guilty of a Class
E 25D felony.
AB100-engrossed,2248,92
943.75
(3) Subsection (2) does not apply to any humane officer, local health
3officer, peace officer, employe of the department of natural resources while on any
4land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
5wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
6and consumer protection if the officer's or employe's acts are in good faith and in an
7apparently authorized and reasonable fulfillment of his or her duties. This
8subsection does not limit any other person from claiming the defense of privilege
9under s. 939.45 (3).
AB100-engrossed,2248,1311
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the
department
12of education educational approval board under s.
38.51 39.51 or is a school described
13in s.
38.51 39.51 (9) (f), (g) or (h); and
AB100-engrossed,2248,1715
945.01
(5) (am) "Lottery" does not include bingo or a raffle conducted under ch.
16563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any
17multistate multijurisdictional lottery conducted under ch. 565.
AB100-engrossed,2248,2520
945.095
(1) (d) The person provides the
gaming board department of
21administration, prior to the importation of the gambling devices into the state, all
22records that account for the gambling devices, including the identification number
23affixed to each gambling device by the manufacturer, and that identify the location
24where the gambling devices will be stored prior to the installation of the gambling
25devices on the vessel.
AB100-engrossed,2249,5
1(f) If the person removes used gambling devices from a vessel, the person shall
2provide the
gaming board department of administration with an inventory of the
3used gambling devices prior to their removal from the vessel. The inventory shall
4include the identification number affixed to each gambling device by the
5manufacturer.
AB100-engrossed,2249,96
(g) The person submits documentation to the
gaming board department of
7administration, no later than 30 days after the date of delivery, that the vessel
8equipped with gambling devices has been delivered to the customer who ordered the
9work performed on the vessel.
AB100-engrossed,2249,1510
(h) The person does not sell a gambling device to any other person except to a
11customer who shall use or possess the gambling device outside of this state in a
12locality where the use or possession of the gambling device is lawful. If a person sells
13a gambling device to such a customer, the person shall submit documentation to the
14gaming board department of administration, no later than 30 days after the date of
15delivery, that the gambling device has been delivered to the customer.
AB100-engrossed,2249,2018
946.68
(1r) (a)
Whoever Except as provided in pars. (b) and (c), whoever sends
19or delivers to another any document which simulates
a summons, complaint, or court 20legal process
is guilty of a Class E felony.
AB100-engrossed,2249,22
21(b) If the document under par. (a) is sent or delivered with intent
thereby to
22induce payment of a claim
, the person is guilty of a Class
B misdemeanor D felony.
AB100-engrossed,2250,224
946.68
(1g) In this section, "legal process" includes a subpoena, summons,
25complaint, warrant, injunction, writ, notice, pleading, order or other document that
1directs a person to perform or refrain from performing a specified act and compliance
2with which is enforceable by a court or governmental agency.
AB100-engrossed,2250,54
946.68
(1r) (c) If the document under par. (a) simulates any criminal process,
5the person is guilty of a Class D felony.
AB100-engrossed,2250,97
946.68
(2) Proof that
the a document
specified under sub. (1r) was mailed or
8was delivered to any person with intent that it be forwarded to the intended recipient
9is sufficient proof of sending.