AB378: Bill Text

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from the department of health and family services (DHFS) to the department of industry, labor and job development (DILJD).

AB378, s. 547 Section 547. 938.31 (7) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,7 938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD.

AB378, s. 548 Section 548. 938.33 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,12 938.33 (3) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

AB378, s. 549 Section 549. 938.33 (4) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,17 938.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

AB378, s. 550 Section 550. 938.33 (4m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,20 938.33 (4m) (a) Its recommendation for juvenile child support.

Note: Inserts correct term.

AB378, s. 551 Section 551. 938.34 (3) (f) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,199,6 938.34 (3) (f) (intro.) A secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:

Note: "Department" is defined as the department of corrections in ch. 938.

AB378, s. 552 Section 552. 938.34 (7d) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,199,11 938.34 (7d) (a) 1. A nonresidential educational program, including a program for juveniles children at risk under s. 118.153, provided by the school district in which the juvenile resides.

Note: Inserts correct term.

AB378, s. 553 Section 553. 938.34 (8) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

AB378,200,9 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this subchapter chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 554 Section 554. 938.34 (16) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

AB378,201,5 938.34 (16) Stay of order. After ordering a disposition under this section, enter an additional order staying the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court. If the juvenile violates a condition of his or her dispositional order, the agency supervising the juvenile shall notify the court and the court shall hold a hearing within 30 days after the filing of the notice to determine whether the original disposition dispositional order should be imposed, unless the juvenile signs a written waiver of any objections to imposing the original dispositional order and the court approves the waiver. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the original dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at of the time and place of the hearing at least 3 days before the hearing. If all parties consent, the court may proceed immediately with the hearing. The court may not impose the original dispositional order unless the court finds by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order.

Note: Inserts correct words.

AB378, s. 555 Section 555. 938.35 (1) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,201,15 938.35 (1) (intro.) The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this subchapter chapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 556 Section 556. 938.355 (2) (b) 4. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,201,22 938.355 (2) (b) 4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) 59.53 (5) for establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

AB378, s. 557 Section 557. 938.355 (6) (d) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,202,10 938.355 (6) (d) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections 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.

Note: "Department" is defined as the department of corrections in ch. 938.

AB378, s. 558 Section 558. 938.357 (1) of the statutes, as affected by 1995 Wisconsin Acts 275 and 352, is amended to read:

AB378,203,16 938.357 (1) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home or treatment foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent or treatment foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 275 and 352.

AB378, s. 559 Section 559. 938.357 (5m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,204,5 938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.

AB378, s. 560 Section 560. 938.36 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,204,17 938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and family services workforce development, or the county child and spousal support agency, under s. 46.25 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.

AB378, s. 561 Section 561. 938.363 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Act 275, is amended to read:

AB378,206,4 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child juvenile.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938. Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.

AB378, s. 562 Section 562. 938.363 (1m) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,206,12 938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child juvenile to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 563 Section 563. 938.365 (1m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,206,22 938.365 (1m) The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under s. 938.355. The request shall be submitted to the court which entered the order. No order under s. 938.355 that placed a child juvenile in detention, nonsecure custody or inpatient treatment under s. 938.34 (3) (f) or (6) (am) may be extended. No other order under s. 938.355 may be extended except as provided in this section.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 564 Section 564. The treatment of 938.371 of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 352. All treatments stand.

Note: There is no conflict of substance.

AB378, s. 565 Section 565. 938.38 (4) (bm) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,207,7 938.38 (4) (bm) The availability of a placement with a relative of the child juvenile and, if a decision is made not to place the child juvenile with an available relative, why placement with the relative is not appropriate.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 566 Section 566. 938.38 (5) (c) 6. am. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,207,10 938.38 (5) (c) 6. am. Being placed in the home of a relative of the child juvenile.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 567 Section 567. 938.396 (1t) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

AB378,207,21 938.396 (1t) If a juvenile who has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the victim's insurer may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

Note: Deletes unnecessary word.

AB378, s. 568 Section 568. 938.396 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,208,10 938.396 (4) When a court revokes, suspends or restricts a juvenile's operating privilege under this chapter, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor juvenile whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.

Note: Replaces word for internal consistency and for consistency with the terminology used in ch. 938.

AB378, s. 569 Section 569. 938.45 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,208,17 938.45 (3) If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.

Note: Adds "years of age" for clarity and consistency with current style.

AB378, s. 570 Section 570. 938.533 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,209,20 938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 juveniles, or an average daily population of more that than 105 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

Note: Inserts correct word.

AB378, s. 571 Section 571. 938.533 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,210,9 938.533 (3) (b) The department shall operate the corrective sanctions program as a Type 2 secured correctional facility. The secretary may allocate and reallocate existing and future facilities as part of the Type 2 secured correctional facility. The Type 2 secured correctional facility is subject to s. 46.03 (1) 301.02. Construction or establishment of a Type 2 secured correctional facility shall be in compliance with all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of a Type 2 secured correctional facility is not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and city, village or town in which the construction or establishment takes place and is exempt from the investigations permitted under s. 46.22 (1) (c) 1. b.

Note: Corrects cross-reference. Section 46.03 (1) governs institutions operated by the department of health and family services. Section 301.02 governs institutions operated by the department of corrections.

AB378, s. 572 Section 572. 938.538 (6m) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,210,21 938.538 (6m) (b) In the selection of classified service employes for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations to ensure that the percentage of employes who are minority group members approximates the percentage of the children juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations shall provide guidelines for the administration of this selection procedure.

Note: Replaces "children" with "juveniles" for consistency of references within ch. 938.

AB378, s. 573 Section 573. 938.57 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,211,13 938.57 (4) A county department may provide aftercare supervision under s. 48.34 938.34 (4n) for juveniles who are released from secured correctional facilities or secured child caring institutions operated by the department. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities or secured child caring institutions operated by the department, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

Note: 1995 Wis. Act 77 repealed s. 48.34 (4n) and created s. 938.34 (4n) which is substantively identical to the former s. 48.34 (4n).

AB378, s. 574 Section 574. 938.993 (2) of the statutes, as affected by 1995 Wisconsin Act 77, section 393, is amended to read:

AB378,211,23 938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

Note: Inserts missing word.

AB378, s. 575 Section 575. 939.51 (3) (a) of the statutes is amended to read:

AB378,212,3 939.51 (3) (a) For a Class A misdemeanor, a fine of not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

Note: Deletes word for consistency with the remainder of the section.

AB378, s. 576 Section 576. 940.20 (1m) (a) of the statutes, as created by 1995 Wisconsin Act 343, is amended to read:

AB378,212,9 940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 813.12 (9) (a) 806.247 (3) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E felony.